Sub. H. B. No. 95 Pending in House Finance Committee

REPRESENTATIVE Calvert

A BILL

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

102.02, 108.05, 109.57, 109.572, 109.91, 117.45,

121.04, 121.084, 121.62, 122.011, 122.04, 122.08,

122.25, 122.651, 122.658, 122.87, 122.88, 123.01,

124.03, 125.05, 125.06, 125.07, 125.15, 125.22,

125.91, 125.92, 125.93, 125.95, 125.96, 125.98,

126.03, 126.11, 127.16, 131.02, 131.23, 131.35,

135.22, 141.011, 147.01, 147.37, 149.011, 149.30,

149.33, 149.331, 149.332, 149.333, 149.34, 149.35,

153.65, 163.06, 164.27, 173.14, 173.26, 175.03,

175.21, 175.22, 181.51, 181.52, 181.53, 181.54,

181.55, 181.56, 183.02, 183.28, 307.202, 311.17,

317.32, 319.302, 323.01, 323.152, 329.03, 329.04,

329.051, 340.021, 340.03, 505.69, 717.01, 901.17,

901.21, 921.151, 927.69, 1309.109, 1321.21,

1333.99, 1501.04, 1513.05, 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, 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, 2101.16, 2117.06,

2117.25, 2151.3529, 2151.3530, 2151.83, 2151.84,

2152.74, 2305.234, 2329.07, 2329.66, 2505.13,

2715.041, 2715.045, 2716.13, 2743.02, 2901.07,

2921.13, 2935.36, 2949.091, 3111.04, 3111.72,

3119.01, 3123.952, 3301.52, 3301.53, 3301.54,

3301.55, 3301.57, 3301.58, 3301.80, 3301.801,

3311.52, 3313.41, 3313.647, 3313.90, 3313.979,

3313.981, 3314.02, 3314.03, 3314.041, 3314.07,

3314.074, 3314.08, 3316.08, 3317.01, 3317.012,

3317.013, 3317.02, 3317.022, 3317.023, 3317.024,

3317.029, 3317.0213, 3317.0217, 3317.03,

3317.032, 3317.04, 3317.05, 3317.06, 3317.064,

3317.07, 3317.081, 3317.09, 3317.10, 3317.16,

3317.50, 3317.51, 3318.37, 3319.01, 3319.02,

3319.03, 3319.07, 3319.19, 3319.22, 3319.227,

3319.235, 3319.302, 3319.33, 3319.36, 3323.12,

3323.16, 3327.01, 3327.011, 3329.06, 3329.08,

3332.04, 3333.12, 3365.04, 3377.01, 3377.06,

3383.01, 3383.07, 3501.18, 3501.30, 3505.08,

3517.092, 3701.021, 3701.022, 3701.024, 3701.141,

3701.145, 3701.78, 3702.31, 3702.68, 3702.74,

3705.23, 3705.24, 3709.09, 3710.05, 3711.021,

3721.02, 3721.19, 3727.17, 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, 3737.81, 3745.04, 3745.11, 3745.14,

3745.40, 3746.13, 3748.07, 3748.13, 3770.07,

3770.10, 3770.99, 3773.33, 3773.43, 3781.19,

3793.09, 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, 4112.12, 4112.15, 4115.10, 4117.02,

4117.10, 4117.14, 4123.27, 4123.41, 4141.04,

4141.09, 4141.23, 4301.30, 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, 4501.27,

4503.234, 4509.60, 4511.191, 4511.75, 4561.18,

4561.21, 4707.071, 4707.072, 4707.10, 4709.12,

4717.07, 4717.09, 4719.01, 4723.06, 4723.08,

4723.082, 4725.01, 4725.02, 4725.03, 4725.04,

4725.05, 4725.06, 4725.07, 4725.08, 4725.09,

4725.10, 4725.11, 4725.12, 4725.13, 4725.15,

4725.16, 4725.17, 4725.171, 4725.18, 4725.19,

4725.20, 4725.21, 4725.22, 4725.23, 4725.24,

4725.26, 4725.27, 4725.28, 4725.29, 4725.31,

4725.33, 4725.34, 4725.99, 4731.65, 4731.71,

4734.15, 4734.99, 4736.12, 4741.17, 4743.05,

4747.05, 4747.06, 4747.07, 4747.10, 4751.06,

4751.07, 4759.08, 4771.22, 4779.08, 4779.09,

4779.10, 4779.11, 4779.12, 4779.15, 4779.16,

4779.17, 4779.18, 4779.20, 4779.21, 4779.22,

4779.23, 4779.24, 4779.25, 4779.26, 4779.27,

4779.30, 4779.32, 4779.33, 4903.24, 4905.91,

4919.79, 4973.17, 4981.01, 4981.03, 4981.031,

4981.032, 4981.033, 4981.04, 4981.06, 4981.07,

4981.08, 4981.09, 4981.091, 4981.10, 4981.11,

4981.12, 4981.13, 4981.131, 4981.14, 4981.15,

4981.16, 4981.17, 4981.18, 4981.19, 4981.20,

4981.21, 4981.22, 4981.23, 4981.25, 4981.26,

4981.28, 4981.29, 4981.30, 4981.31, 4981.32,

4981.33, 4981.34, 4981.361, 5101.11, 5101.14,

5101.141, 5101.142, 5101.144, 5101.145, 5101.146,

5101.16, 5101.18, 5101.181, 5101.36, 5101.58,

5101.59, 5101.75, 5101.80, 5101.83, 5101.97,

5103.031, 5103.033, 5103.034, 5103.036, 5103.037,

5103.038, 5103.0312, 5103.0313, 5103.0314,

5103.0315, 5103.0316, 5103.154, 5104.01, 5104.011,

5104.02, 5104.04, 5104.30, 5104.32, 5107.02,

5107.30, 5107.37, 5107.40, 5107.60, 5108.01,

5108.03, 5108.06, 5108.07, 5108.09, 5108.10,

5111.019, 5111.0112, 5111.02, 5111.021, 5111.022,

100

5111.03, 5111.06, 5111.111, 5111.17, 5111.171,

101

5111.20, 5111.21, 5111.22, 5111.25, 5111.251,

102

5111.252, 5111.29, 5111.30, 5111.31, 5111.81,

103

5111.85, 5111.87, 5111.871, 5111.872, 5111.873,

104

5111.94, 5112.03, 5112.08, 5112.17, 5112.31,

105

5112.99, 5115.01, 5115.02, 5115.03, 5115.04,

106

5115.05, 5115.07, 5115.10, 5115.11, 5115.13,

107

5115.15, 5115.20, 5119.61, 5119.611, 5120.09,

108

5120.51, 5123.01, 5123.051, 5123.19, 5123.60,

109

5123.801, 5126.01, 5126.042, 5126.12, 5139.01,

110

5139.36, 5139.87, 5153.163, 5153.60, 5153.69,

111

5153.72, 5153.78, 5310.15, 5501.03, 5502.13,

112

5513.01, 5515.07, 5519.01, 5705.19, 5705.41,

113

5709.62, 5709.63, 5709.632, 5709.64, 5719.07,

114

5727.56, 5733.121, 5733.18, 5733.22, 5735.05,

115

5735.23, 5735.26, 5735.291, 5735.30, 5747.12,

116

5903.12, 6101.09, 6109.21, 6115.09, 6117.02, and

117

6301.10; to amend, for the purpose of adopting new

118

section numbers as indicated in parentheses,

119

sections 181.51 (109.98), 181.52 (109.981), 181.53

120

(109.982), 181.54 (109.983), 181.55 (109.984),

121

181.56 (109.985), 3301.33 (3301.40), 3701.145

122

(3701.0210), 4104.46 (4104.48), 4981.01 (5507.01),

123

4981.03 (5507.03), 4981.031 (5507.031), 4981.032

124

(5507.032), 4981.033 (5507.033), 4981.04

125

(5507.04), 4981.05 (5507.05), 4981.06 (5507.06),

126

4981.07 (5507.07), 4981.08 (5507.08), 4981.09

127

(5507.09), 4981.091 (5507.091), 4981.10 (5507.10),

128

4981.11 (5507.11), 4981.12 (5507.12), 4981.13

129

(5507.13), 4981.131 (5507.131), 4981.14 (5507.14),

130

4981.15 (5507.15), 4981.16 (5507.16), 4981.17

131

(5507.17), 4981.18 (5507.18), 4981.19 (5507.19),

132

4981.20 (5507.20), 4981.21 (5507.21), 4981.22

133

(5507.22), 4981.23 (5507.23), 4981.25 (5507.25),

134

4981.26 (5507.26), 4981.28 (5507.28), 4981.29

135

(5507.29), 4981.30 (5507.30), 4981.31 (5507.31),

136

4981.32 (5507.32), 4981.33 (5507.33), 4981.34

137

(5507.34), 4981.35 (5507.35), 4981.36 (5507.36),

138

4981.361 (5507.361), 5108.06 (5108.04), 5108.07

139

(5108.05), 5111.08 (5111.071), 5111.16 (5111.08),

140

5111.252 (5123.199), 5115.02 (5115.04), 5115.04

141

(5115.02), 5115.07 (5115.06), 5115.13 (5115.07),

142

and 5115.15 (5115.23); to enact new sections

143

125.831, 3301.31, 3301.33, 3317.11, 4104.42,

144

4104.43, 4104.46, 5108.06, 5108.07, 5111.16,

145

5111.173, and 5115.13 and sections 107.31, 122.90,

146

123.152, 123.153, 125.073, 125.832, 125.833,

147

125.834, 153.691, 173.08, 317.36, 319.63, 927.701,

148

2113.041, 2117.061, 3301.34, 3301.35, 3301.36,

149

3301.37, 3314.083, 3314.18, 3317.034, 3318.34,

150

3333.16, 3501.011, 3701.029, 3702.63, 3770.073,

151

4104.47, 4115.21, 4511.093, 4511.094, 4511.095,

152

4511.096, 4511.097, 4707.24, 4723.063, 5101.12,

153

5101.1410, 5101.214, 5103.155, 5108.11, 5108.12,

154

5111.0113, 5111.025, 5111.172, 5111.174, 5111.175,

155

5111.206, 5111.211, 5111.222, 5111.65, 5111.66,

156

5111.661, 5111.67, 5111.671, 5111.672, 5111.673,

157

5111.674, 5111.675, 5111.676, 5111.677, 5111.68,

158

5111.681, 5111.682, 5111.683, 5111.684, 5111.685,

159

5111.686, 5111.687, 5111.688, 5111.689, 5111.6810,

160

5111.911, 5111.912, 5111.913, 5111.95, 5111.96,

161

5111.97, 5111.98, 5111.981, 5111.982, 5115.12,

162

5115.14, 5115.22, 5123.196, 5123.197, 5123.198,

163

5123.1910, 5123.38, 5123.851, 5515.08, and

164

5735.053; and to repeal sections 122.12, 125.831,

165

125.931, 125.932, 125.933, 125.934, 125.935,

166

131.38, 173.45, 173.46, 173.47, 173.48, 173.49,

167

173.50, 173.51, 173.52, 173.53, 173.54, 173.55,

168

173.56, 173.57, 173.58, 173.59, 1333.96, 1533.06,

169

1533.39, 1553.01, 1553.02, 1553.03, 1553.04,

170

1553.05, 1553.06, 1553.07, 1553.08, 1553.09,

171

1553.10, 1553.99, 2305.26, 3301.0719, 3301.078,

172

3301.0724, 3301.31, 3301.581, 3302.041, 3313.82,

173

3313.83, 3313.99, 3317.11, 3318.35, 3318.351,

174

3319.06, 3319.34, 3701.142, 3701.144, 4104.42,

175

4104.43, 4112.12, 4112.13, 4141.044, 4141.045,

176

4725.40, 4725.41, 4725.42, 4725.43, 4725.44,

177

4725.45, 4725.46, 4725.47, 4725.48, 4725.49,

178

4725.50, 4725.51, 4725.52, 4725.53, 4725.531,

179

4725.54, 4725.55, 4725.56, 4725.57, 4725.58,

180

4725.59, 4779.05, 4779.06, 4779.07, 5101.251,

181

5108.05, 5111.017, 5111.173, 5115.011, 5115.012,

182

5115.06, 5115.061, and 5115.13 of the Revised

183

Code; to amend Section 7 of Sub. H.B. 196 of the

184

124th General Assembly; to amend Section 5 of Am.

185

Sub. H.B. 524 of the 124th General Assembly; to

186

amend Sections 10 and 14 of Am. Sub. S.B. 242 of

187

the 124th General Assembly; to amend Section 3 of

188

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

189

as subsequently amended; to amend Section 3 of Am.

190

Sub. H.B. 621 of the 122nd General Assembly, as

191

subsequently amended; to amend Section 153 of Am.

192

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

193

subsequently amended; to amend Section 27 of Sub

194

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

195

subsequently amended; to amend Section 5 of Am.

196

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

197

subsequently amended; to repeal Section 129 of Am.

198

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

199

subsequently amended; to repeal Section 3 of Sub.

200

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

201

repeal Section 11 of Am. Sub. S.B. 50 of the 121st

202

General Assembly, as subsequently amended; to levy

203

taxes and provide for implementation of those

204

levies, to make operating appropriations for the

205

biennium beginning July 1, 2003, and ending June

206

30, 2005, and to provide authorization and

207

conditions for the operation of state programs; to

208

amend the version of section 921.22 of the Revised

209

Code that is scheduled to take effect July 1,

210

2004, to continue the provisions of this act on

211

and after that effective date; to amend the

212

version of section 2305.234 of the Revised Code

213

that is scheduled to take effect January 1, 2004,

214

to continue the provisions of this act on and

215

after that effective date; to amend the version of

216

section 3332.04 of the Revised Code that is

217

scheduled to take effect July 1, 2003; to amend

218

the version of section 3734.44 of the Revised Code

219

that is scheduled to take effect January 1, 2004,

220

to continue the provisions of this act on and

221

after that effective date; to amend the versions

222

of sections 4503.234, 4511.191, and 4511.75 of the

223

Revised Code that are scheduled to take effect

224

January 1, 2004; and to terminate certain

225

provisions of this act on December 31, 2013, by

226

repealing section 4723.063 of the Revised Code on

227

that date.

228

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

Section 1. That sections 9.01, 9.83, 101.34, 101.72, 101.82,	229
102.02, 108.05, 109.57, 109.572, 109.91, 117.45, 121.04, 121.084,	230
121.62, 122.011, 122.04, 122.08, 122.25, 122.651, 122.658, 122.87,	231
122.88, 123.01, 124.03, 125.05, 125.06, 125.07, 125.15, 125.22,	232
125.91, 125.92, 125.93, 125.95, 125.96, 125.98, 126.03, 126.11,	233
127.16, 131.02, 131.23, 131.35, 135.22, 141.011, 147.01, 147.37,	234
149.011, 149.30, 149.33, 149.331, 149.332, 149.333, 149.34,	235
149.35, 153.65, 163.06, 164.27, 173.14, 173.26, 175.03, 175.21,	236
175.22, 181.51, 181.52, 181.53, 181.54, 181.55, 181.56, 183.02,	237
183.28, 307.202, 311.17, 317.32, 319.302, 323.01, 323.152, 329.03,	238
329.04, 329.051, 340.021, 340.03, 505.69, 717.01, 901.17, 901.21,	239
921.151, 927.69, 1309.109, 1321.21, 1333.99, 1501.04, 1513.05,	240
1519.05, 1521.06, 1521.063, 1531.26, 1533.08, 1533.10, 1533.101,	241
1533.11, 1533.111, 1533.112, 1533.12, 1533.13, 1533.151, 1533.19,	242
1533.23, 1533.301, 1533.32, 1533.35, 1533.40, 1533.54, 1533.631,	243
1533.632, 1533.71, 1533.82, 1551.11, 1551.12, 1551.15, 1551.311,	244
1551.32, 1551.33, 1551.35, 1555.02, 1555.03, 1555.04, 1555.05,	245
1555.06, 1555.08, 1555.17, 1563.42, 1702.59, 2101.16, 2117.06,	246
2117.25, 2151.3529, 2151.3530, 2151.83, 2151.84, 2152.74,	247
2305.234, 2329.07, 2329.66, 2505.13, 2715.041, 2715.045, 2716.13,	248
2743.02, 2901.07, 2921.13, 2935.36, 2949.091, 3111.04, 3111.72,	249
3119.01, 3123.952, 3301.52, 3301.53, 3301.54, 3301.55, 3301.57,	250
3301.58, 3301.80, 3301.801, 3311.52, 3313.41, 3313.647, 3313.90,	251
3313.979, 3313.981, 3314.02, 3314.03, 3314.041, 3314.07, 3314.074,	252
3314.08, 3316.08, 3317.01, 3317.012, 3317.013, 3317.02, 3317.022,	253
3317.023, 3317.024, 3317.029, 3317.0213, 3317.0217, 3317.03,	254
3317.032, 3317.04, 3317.05, 3317.06, 3317.064, 3317.07, 3317.081,	255
3317.09, l3317.10, 3317.16, 3317.50, 3317.51, 3318.37, 3319.01,	256
3319.02, 3319.03, 3319.07, 3319.19, 3319.22, 3319.227, 3319.235,	257
3319.302, 3319.33, 3319.36, 3323.12, 3323.16, 3327.01, 3327.011,	258
3329.06, 3329.08, 3332.04, 3333.12, 3365.04, 3377.01, 3377.06,	259
3383.01, 3383.07, 3501.18, 3501.30, 3505.08, 3517.092, 3701.021,	260
3701.022, 3701.024, 3701.141, 3701.145, 3701.78, 3702.31, 3702.68,	261
3702.74, 3705.23, 3705.24, 3709.09, 3710.05, 3711.021, 3721.02,	262
3721.19, 3727.17, 3733.43, 3733.45, 3734.02, 3734.05, 3734.12,	263
3734.123, 3734.124, 3734.18, 3734.28, 3734.42, 3734.44, 3734.46,	264
3734.57, 3737.81, 3745.04, 3745.11, 3745.14, 3745.40, 3746.13,	265
3748.07, 3748.13, 3770.07, 3770.10, 3770.99, 3773.33, 3773.43,	266
3781.19, 3793.09, 4104.01, 4104.02, 4104.04, 4104.06, 4104.07,	267
4104.08, 4104.15, 4104.18, 4104.19, 4104.20, 4104.41, 4104.44,	268
4104.45, 4104.46, 4105.17, 4112.12, 4112.15, 4115.10, 4117.02,	269
4117.10, 4117.14, 4123.27, 4123.41, 4141.04, 4141.09, 4141.23,	270
4301.30, 4303.02, 4303.021, 4303.03, 4303.04, 4303.05, 4303.06,	271
4303.07, 4303.08, 4303.09, 4303.10, 4303.11, 4303.12, 4303.121,	272
4303.13, 4303.14, 4303.141, 4303.15, 4303.151, 4303.16, 4303.17,	273
4303.171, 4303.18, 4303.181, 4303.182, 4303.183, 4303.184,	274
4303.19, 4303.20, 4303.201, 4303.202, 4303.203, 4303.204, 4303.21,	275
4303.22, 4303.23, 4303.231, 4501.27, 4503.234, 4509.60, 4511.191,	276
4511.75, 4561.18, 4561.21, 4707.071, 4707.072, 4707.10, 4709.12,	277
4717.07, 4717.09, 4719.01, 4723.06, 4723.08, 4723.082, 4725.01,	278
4725.02, 4725.03, 4725.04, 4725.05, 4725.06, 4725.07, 4725.08,	279
4725.09, 4725.10, 4725.11, 4725.12, 4725.13, 4725.15, 4725.16,	280
4725.17, 4725.171, 4725.18, 4725.19, 4725.20, 4725.21, 4725.22,	281
4725.23, 4725.24, 4725.26, 4725.27, 4725.28, 4725.29, 4725.31,	282
4725.33, 4725.34, 4725.99, 4731.65, 4731.71, 4734.15, 4734.99,	283
4736.12, 4741.17, 4743.05, 4747.05, 4747.06, 4747.07, 4747.10,	284
4751.06, 4751.07, 4759.08, 4771.22, 4779.08, 4779.09, 4779.10,	285
4779.11, 4779.12, 4779.15, 4779.16, 4779.17, 4779.18, 4779.20,	286
4779.21, 4779.22, 4779.23, 4779.24, 4779.25, 4779.26, 4779.27,	287
4779.30, 4779.32, 4779.33, 4903.24, 4905.91, 4919.79, 4973.17,	288
4981.01, 4981.03, 4981.031, 4981.032, 4981.033, 4981.04, 4981.06,	289
4981.07, 4981.08, 4981.09, 4981.091, 4981.10, 4981.11, 4981.12,	290
4981.13, 4981.131, 4981.14, 4981.15, 4981.16, 4981.17, 4981.18,	291
4981.19, 4981.20, 4981.21, 4981.22, 4981.23, 4981.25, 4981.26,	292
4981.28, 4981.29, 4981.30, 4981.31, 4981.32, 4981.33, 4981.34,	293
4981.361, 5101.11, 5101.14, 5101.141, 5101.142, 5101.144,	294
5101.145, 5101.146, 5101.16, 5101.18, 5101.181, 5101.36, 5101.58,	295
5101.59, 5101.75, 5101.80, 5101.83, 5101.97, 5103.031, 5103.033,	296
5103.034, 5103.036, 5103.037, 5103.038, 5103.0312, 5103.0313,	297
5103.0314, 5103.0315, 5103.0316, 5103.154, 5104.01, 5104.011,	298
5104.02, 5104.04, 5104.30, 5104.32, 5107.02, 5107.30, 5107.37,	299
5107.40, 5107.60, 5108.01, 5108.03, 5108.06, 5108.07, 5108.09,	300
5108.10, 5111.019, 5111.0112, 5111.02, 5111.021, 5111.022,	301
5111.03, 5111.06, 5111.111, 5111.17, 5111.171, 5111.20, 5111.21,	302
5111.22, 5111.25, 5111.251, 5111.252, 5111.28, 5111.29, 5111.30,	303
5111.31, 5111.81, 5111.85, 5111.87, 5111.871, 5111.872, 5111.873,	304
5111.94, 5112.03, 5112.08, 5112.17, 5112.31, 5112.99, 5115.01,	305
5115.02, 5115.03, 5115.04, 5115.05, 5115.07, 5115.10, 5115.11,	306
5115.13, 5115.15, 5115.20, 5119.61, 5119.611, 5120.09, 5120.51,	307
5123.01, 5123.051, 5123.19, 5123.60, 5123.801, 5126.01, 5126.042,	308
5126.12, 5139.01, 5139.36, 5139.87, 5153.163, 5153.60, 5153.69,	309
5153.72, 5153.78, 5310.15, 5501.03, 5502.13, 5513.01, 5515.07,	310
5519.01, 5705.19, 5705.41, 5709.62, 5709.63, 5709.632, 5709.64,	311
5719.07, 5727.56, 5733.121, 5733.18, 5733.22, 5735.05, 5735.23,	312
5735.26, 5735.291, 5735.30, 5747.12, 5903.12, 6101.09, 6109.21,	313
6115.09, 6117.02, and 6301.10 be amended; that sections 181.51	314
(109.98), 181.52 (109.981), 181.53 (109.982), 181.54 (109.983),	315
181.55 (109.984), 181.56 (109.985), 3301.33 (3301.40), 3701.145	316
(3701.0210), 4104.46 (4104.48), 4981.01 (5507.01), 4981.03	317
(5507.03), 4981.031 (5507.031), 4981.032 (5507.032), 4981.033	318
(5507.033), 4981.04 (5507.04), 4981.05 (5507.05), 4981.06	319
(5507.06), 4981.07 (5507.07), 4981.08 (5507.08), 4981.09	320
(5507.09), 4981.091 (5507.091), 4981.10 (5507.10), 4981.11	321
(5507.11), 4981.12 (5507.12), 4981.13 (5507.13), 4981.131	322
(5507.131), 4981.14 (5507.14), 4981.15 (5507.15), 4981.16	323
(5507.16), 4981.17 (5507.17), 4981.18 (5507.18), 4981.19	324
(5507.19), 4981.20 (5507.20), 4981.21 (5507.21), 4981.22	325
(5507.22), 4981.23 (5507.23), 4981.25 (5507.25), 4981.26	326
(5507.26), 4981.28 (5507.28), 4981.29 (5507.29), 4981.30	327
(5507.30), 4981.31 (5507.31), 4981.32 (5507.32), 4981.33	328
(5507.33), 4981.34 (5507.34), 4981.35 (5507.35), 4981.36	329
(5507.36), 4981.361 (5507.361), 5108.06 (5108.04), 5108.07	330
(5108.05), 5111.08 (5111.071), 5111.16 (5111.08), 5111.252	331
(5123.199), 5115.02 (5115.04), 5115.04 (5115.02), 5115.07	332
(5115.06), 5115.13 (5115.07), and 5115.15 (5115.23) be amended for	333
the purpose of adopting new section numbers as indicated in	334
parentheses; that new sections 125.831, 3301.31, 3301.33, 3317.11,	335
4104.42, 4104.43, 4104.46, 5108.06, 5108.07, 5111.16, 5111.173,	336
and 5115.13 and sections 107.31, 122.90, 123.152, 123.153,	337
125.073, 125.832, 125.833, 125.834, 153.691, 173.08, 317.36,	338
319.63, 927.701, 2113.041, 2117.061, 3301.34, 3301.35, 3301.36,	339
3301.37, 3314.083, 3314.18, 3317.034, 3318.34, 3333.16, 3501.011,	340
3701.029, 3702.63, 3770.073, 4104.47, 4115.21, 4511.093, 4511.094,	341
4511.095, 4511.096, 4511.097, 4707.24, 4723.063, 5101.12,	342
5101.1410, 5101.214, 5103.155, 5108.11, 5108.12, 5111.0113,	343
5111.025, 5111.172, 5111.174, 5111.175, 5111.206, 5111.211,	344
5111.222, 5111.65, 5111.66, 5111.661, 5111.67, 5111.671, 5111.672,	345
5111.673, 5111.674, 5111.675, 5111.676, 5111.677, 5111.68,	346
5111.681, 5111.682, 5111.683, 5111.684, 5111.685, 5111.686,	347
5111.687, 5111.688, 5111.689, 5111.6810, 5111.911, 5111.912,	348
5111.913, 5111.95, 5111.96, 5111.97, 5111.98, 5111.981, 5111.982,	349
5115.12, 5115.14, 5115.22, 5123.196, 5123.197, 5123.198,	350
5123.1910, 5123.38, 5123.851, 5515.08, and 5735.053 of the Revised	351
Code be enacted to read as follows:	352

Sec. 9.01. When any officer, office, court, commission,	353
board, institution, department, agent, or employee of the state,	354
or of a county, or of any other political subdivision, who is	355
charged with the duty or authorized or required by law to record,	356
preserve, keep, maintain, or file any record, document, plat,	357
court file, paper, or instrument in writing, or to make or furnish	358
copies of any ~~thereof~~of them, deems it necessary or advisable,	359
when recording ~~any such document, plat, court file, paper, or~~	360
~~instrument in writing,~~ or ~~when~~ making a copy or reproduction of	361
any ~~thereof~~of them or of any such record, for the purpose of	362
recording or copying, preserving, and protecting ~~the same~~them,	363
reducing space required for storage, or any similar purpose, to do	364
so by means of any photostatic, photographic, miniature	365
photographic, film, microfilm, or microphotographic process, or	366
perforated tape, magnetic tape, other magnetic means, electronic	367
data processing, machine readable means, or graphic or video	368
display, or any combination ~~thereof~~of those processes, means, or	369
displays, which correctly and accurately copies, records, or	370
reproduces, or provides a medium of copying, recording, or	371
reproducing, the original record, document, plat, court file,	372
paper, or instrument in writing, such use of any ~~such photographic~~	373
~~or electromagnetic~~of those processes, means, or displays for any	374
such purpose, is hereby authorized. Any such records, copies, or	375
reproductions may be made in duplicate, and ~~such~~the duplicates	376
shall be stored in different buildings. The film or paper used for	377
~~this~~a process shall comply with the minimum standards of quality	378
approved for permanent photographic records by the national bureau	379
of standards. All such records, copies, or reproductions shall	380
carry a certificate of authenticity and completeness, on a form	381
specified by the director of administrative services through the	382
state records ~~administrator~~program.	383

Any such officer, office, court, commission, board,	384
institution, department, agent, or employee of the state, of a	385
county, or of any other political subdivision may purchase or rent	386
required equipment for any such photographic process and may enter	387
into contracts with private concerns or other governmental	388
agencies for the development of film and the making of	389
reproductions ~~thereof~~of film as a part of any such photographic	390
process. When so recorded, or copied or reproduced to reduce space	391
required for storage or filing of such records, ~~said~~such	392
photographs, microphotographs, microfilms, perforated tape,	393
magnetic tape, other magnetic means, electronic data processing,	394
machine readable means, graphic or video display, or ~~any~~	395
combination ~~thereof~~of these processes, means, or displays, or	396
films, or prints made therefrom, when properly identified by the	397
officer by whom or under whose supervision ~~the same~~they were	398
made, or who has ~~the~~their custody ~~thereof~~, have the same effect	399
at law as the original record or of a record made by any other	400
legally authorized means, and may be offered in like manner and	401
shall be received in evidence in any court where ~~such~~the original	402
record, or record made by other legally authorized means, could	403
have been so introduced and received. Certified or authenticated	404
copies or prints of such photographs, microphotographs, films,	405
microfilms, perforated tape, magnetic tape, other magnetic means,	406
electronic data processing, machine readable means, graphic or	407
video display, or ~~any~~ combination ~~thereof~~of these processes,	408
means, or displays, shall be admitted in evidence equally with the	409
original ~~photographs, microphotographs, films, or microfilms~~.	410

Such photographs, microphotographs, microfilms, or films	411
shall be placed and kept in conveniently accessible, fireproof,	412
and insulated files, cabinets, or containers, and provisions shall	413
be made for preserving, safekeeping, using, examining, exhibiting,	414
projecting, and enlarging ~~the same~~them whenever requested, during	415
office hours.	416

All persons utilizing the methods described in this section	417
for keeping records and information shall keep and make readily	418
available to the public the machines and equipment necessary to	419
reproduce the records and information in a readable form.	420

Sec. 9.83. (A) The state and any political subdivision may	421
procure a policy or policies of insurance insuring its officers	422
and employees against liability for injury, death, or loss to	423
person or property that arises out of the operation of an	424
automobile, truck, motor vehicle with auxiliary equipment,	425
self-propelling equipment or trailer, aircraft, or watercraft by	426
the officers or employees while engaged in the course of their	427
employment or official responsibilities for the state or the	428
political subdivision. The state is authorized to expend funds to	429
pay judgments that are rendered in any court against its officers	430
or employees and that result from such operation, and is	431
authorized to expend funds to compromise claims for liability	432
against its officers or employees that result from such operation.	433
No insurer shall deny coverage under such a policy, and the state	434
shall not refuse to pay judgments or compromise claims, on the	435
ground that an automobile, truck, motor vehicle with auxiliary	436
equipment, self-propelling equipment or trailer, aircraft, or	437
watercraft was not being used in the course of an officer's or	438
employee's employment or official responsibilities for the state	439
or a political subdivision unless the officer or employee who was	440
operating an automobile, truck, motor vehicle with auxiliary	441
equipment, or self-propelling equipment or trailer is convicted of	442
a violation of section 124.71 of the Revised Code as a result of	443
the same events.	444

(B) ~~Such funds~~Funds shall be reserved as ~~are~~ necessary, in	445
the exercise of sound and prudent actuarial judgment, to cover	446
potential expense, fees, damage, loss, or other liability. The	447
superintendent of insurance may recommend or, if the state	448
requests of the superintendent, shall recommend, a specific amount	449
for any period of time that, in the superintendent's opinion,	450
represents such a judgment.	451

(C) Nothing in this section shall be construed to require the	452
department of administrative services to purchase liability	453
insurance for all state vehicles in a single policy of insurance	454
or to cover all state vehicles under a single plan of	455
self-insurance.	456

(D) Insurance procured by the state pursuant to this section	457
shall be procured as provided in section 125.03 of the Revised	458
Code.	459

(E) For purposes of liability insurance procured under this	460
section to cover the operation of a motor vehicle by a prisoner	461
for whom the insurance is procured, "employee" includes a prisoner	462
in the custody of the department of rehabilitation and correction	463
who is enrolled in a work program that is established by the	464
department pursuant to section 5145.16 of the Revised Code and in	465
which the prisoner is required to operate a motor vehicle, as	466
defined in section 4509.01 of the Revised Code, and who is engaged	467
in the operation of a motor vehicle in the course of the work	468
program.	469

(F) There is hereby created in the state treasury the vehicle	470
liability fund. All contributions collected by the director of	471
administrative services under division (I) of this section shall	472
be deposited into the fund. The fund shall be used to provide	473
insurance and self-insurance for the state under this section. All	474
investment earnings of the fund shall be credited to it.	475

(G) The director of administrative services, through the	476
office of risk management, shall operate the vehicle liability	477
fund on an actuarially sound basis.	478

(H) Reserves shall be maintained in the vehicle liability	479
fund in any amount that is necessary and adequate, in the exercise	480
of sound and prudent actuarial judgment, to cover potential	481
liability claims, expenses, fees, or damages. Money in the fund	482
may be applied to the payment of liability claims that are filed	483
against the state in the court of claims and determined in the	484
manner provided in Chapter 2743. of the Revised Code. The director	485
of administrative services may procure the services of a qualified	486
actuarial firm for the purpose of recommending the specific amount	487
of money that is required to maintain adequate reserves for a	488
specified period of time.	489

(I) The director of administrative services shall collect	490
from each state agency or any participating state body its	491
contribution to the vehicle liability fund for the purpose of	492
purchasing insurance or administering self-insurance programs for	493
coverage authorized under this section. The amount of the	494
contribution shall be determined by the director, with the	495
approval of the director of budget and management. It shall be	496
based upon actuarial assumptions and the relative risk and loss	497
experience of each state agency or participating state body. The	498
amount of the contribution also shall include a reasonable sum to	499
cover administrative costs of the department of administrative	500
services.	501

Sec. 101.34. (A) There is hereby created a joint legislative	502
ethics committee to serve the general assembly. The committee	503
shall be composed of twelve members, six each from the two major	504
political parties, and each member shall serve on the committee	505
during the member's term as a member of that general assembly. Six	506
members of the committee shall be members of the house of	507
representatives appointed by the speaker of the house of	508
representatives, not more than three from the same political	509
party, and six members of the committee shall be members of the	510
senate appointed by the president of the senate, not more than	511
three from the same political party. A vacancy in the committee	512
shall be filled for the unexpired term in the same manner as an	513
original appointment. The members of the committee shall be	514
appointed within fifteen days after the first day of the first	515
regular session of each general assembly and the committee shall	516
meet and proceed to recommend an ethics code not later than thirty	517
days after the first day of the first regular session of each	518
general assembly.	519

In the first regular session of each general assembly, the	520
speaker of the house of representatives shall appoint the	521
chairperson of the committee from among the house members of the	522
committee and the president of the senate shall appoint the	523
vice-chairperson of the committee from among the senate members of	524
the committee. In the second regular session of each general	525
assembly, the president of the senate shall appoint the	526
chairperson of the committee from among the senate members of the	527
committee and the speaker of the house of representatives shall	528
appoint the vice-chairperson of the committee from among the house	529
members of the committee. The chairperson, vice-chairperson, and	530
members of the committee shall serve until their respective	531
successors are appointed or until they are no longer members of	532
the general assembly.	533

The committee shall meet at the call of the chairperson or	534
upon the written request of seven members of the committee.	535

(B) The joint legislative ethics committee:

536

(1) Shall recommend a code of ethics which is consistent with	537
law to govern all members and employees of each house of the	538
general assembly and all candidates for the office of member of	539
each house;	540

(2) May receive and hear any complaint which alleges a breach	541
of any privilege of either house, or misconduct of any member,	542
employee, or candidate, or any violation of the appropriate code	543
of ethics;	544

(3) May obtain information with respect to any complaint	545
filed pursuant to this section and to that end may enforce the	546
attendance and testimony of witnesses, and the production of books	547
and papers;	548

(4) May recommend whatever sanction is appropriate with	549
respect to a particular member, employee, or candidate as will	550
best maintain in the minds of the public a good opinion of the	551
conduct and character of members and employees of the general	552
assembly;	553

(5) May recommend legislation to the general assembly	554
relating to the conduct and ethics of members and employees of and	555
candidates for the general assembly;	556

(6) Shall employ an executive director for the committee and	557
may employ such other staff as the committee determines necessary	558
to assist it in exercising its powers and duties. The executive	559
director and staff of the committee shall be known as the office	560
of legislative inspector general. At least one member of the staff	561
of the committee shall be an attorney at law licensed to practice	562
law in this state. The appointment and removal of the executive	563
director shall require the approval of at least eight members of	564
the committee.	565

(7) May employ a special counsel to assist the committee in	566
exercising its powers and duties. The appointment and removal of a	567
special counsel shall require the approval of at least eight	568
members of the committee.	569

(8) Shall act as an advisory body to the general assembly and	570
to individual members, candidates, and employees on questions	571
relating to ethics, possible conflicts of interest, and financial	572
disclosure;	573

(9) Shall provide for the proper forms on which the statement	574
required pursuant to section 102.02 of the Revised Code shall be	575
filed and instructions as to the filing of the statement;	576

(10) Exercise the powers and duties prescribed under sections	577
101.70 to 101.79 and 121.60 to 121.69 of the Revised Code;	578

(11) Adopt in accordance with section 111.15 of the Revised	579
Code any rules that are necessary to implement and clarify Chapter	580
102. and sections 2921.42 and 2921.43 of the Revised Code.	581

(C) There is hereby created in the state treasury the joint	582
legislative ethics committee fund. ~~All money collected from~~	583
~~registration fees and late filing fees prescribed under sections~~	584
~~101.72 and 121.62 of the Revised Code shall be deposited into the~~	585
~~state treasury to the credit of the fund.~~ Money credited to the	586
fund and any interest and earnings from the fund shall be used	587
solely for the operation of the joint legislative ethics committee	588
and the office of legislative inspector general and for the	589
purchase of data storage and computerization facilities for the	590
statements filed with the joint committee under sections 101.73,	591
101.74, 121.63, and 121.64 of the Revised Code.	592

(D) The chairperson of the joint committee shall issue a	593
written report, not later than the thirty-first day of January of	594
each year, to the speaker and minority leader of the house of	595
representatives and to the president and minority leader of the	596
senate that lists the number of committee meetings and	597
investigations the committee conducted during the immediately	598
preceding calendar year and the number of advisory opinions it	599
issued during the immediately preceding calendar year.	600

(E) Any investigative report that contains facts and findings	601
regarding a complaint filed with the committee and that is	602
prepared by the staff of the committee or a special counsel to the	603
committee shall become a public record upon its acceptance by a	604
vote of the majority of the members of the committee, except for	605
any names of specific individuals and entities contained in the	606
report. If the committee recommends disciplinary action or reports	607
its findings to the appropriate prosecuting authority for	608
proceedings in prosecution of the violations alleged in the	609
complaint, the investigatory report regarding the complaint shall	610
become a public record in its entirety.	611

(F)(1) Any file obtained by or in the possession of the	612
former house ethics committee or former senate ethics committee	613
shall become the property of the joint legislative ethics	614
committee. Any such file is confidential if either of the	615
following applies:	616

(a) It is confidential under section 102.06 of the Revised	617
Code or the legislative code of ethics.	618

(b) If the file was obtained from the former house ethics	619
committee or from the former senate ethics committee, it was	620
confidential under any statute or any provision of a code of	621
ethics that governed the file.	622

(2) As used in this division, "file" includes, but is not	623
limited to, evidence, documentation, or any other tangible thing.	624

Sec. 101.72. (A) Each legislative agent and employer, within	625
ten days following an engagement of a legislative agent, shall	626
file with the joint legislative ethics committee an initial	627
registration statement showing all of the following:	628

(1) The name, business address, and occupation of the	629
legislative agent;	630

(2) The name and business address of the employer and the	631
real party in interest on whose behalf the legislative agent is	632
actively advocating, if it is different from the employer. For the	633
purposes of division (A) of this section, where a trade	634
association or other charitable or fraternal organization that is	635
exempt from federal income taxation under subsection 501(c) of the	636
federal Internal Revenue Code is the employer, the statement need	637
not list the names and addresses of each member of the association	638
or organization, so long as the association or organization itself	639
is listed.	640

(3) A brief description of the type of legislation to which	641
the engagement relates.	642

(B) In addition to the initial registration statement	643
required by division (A) of this section, each legislative agent	644
and employer shall file with the joint committee, not later than	645
the last day of January, May, and September of each year, an	646
updated registration statement that confirms the continuing	647
existence of each engagement described in an initial registration	648
statement and that lists the specific bills or resolutions on	649
which the agent actively advocated under that engagement during	650
the period covered by the updated statement, and with it any	651
statement of expenditures required to be filed by section 101.73	652
of the Revised Code and any details of financial transactions	653
required to be filed by section 101.74 of the Revised Code.	654

(C) If a legislative agent is engaged by more than one	655
employer, the agent shall file a separate initial and updated	656
registration statement for each engagement. If an employer engages	657
more than one legislative agent, the employer need file only one	658
updated registration statement under division (B) of this section,	659
which shall contain the information required by division (B) of	660
this section regarding all of the legislative agents engaged by	661
the employer.	662

(D)(1) A change in any information required by division	663
(A)(1), (2), or (B) of this section shall be reflected in the next	664
updated registration statement filed under division (B) of this	665
section.	666

(2) Within thirty days after the termination of an	667
engagement, the legislative agent who was employed under the	668
engagement shall send written notification of the termination to	669
the joint committee.	670

(E) Except as otherwise provided in this division, a	671
registration fee of ~~ten~~twenty-five dollars shall be charged for	672
filing an initial registration statement. All money collected from	673
registration fees under this division and late filing fees under	674
division (G) of this section shall be deposited ~~to the credit of~~	675
~~the joint legislative ethics committee fund created under section~~	676
~~101.34 of the Revised Code~~into the general revenue fund of the	677
state.	678

An officer or employee of a state agency who actively	679
advocates in a fiduciary capacity as a representative of that	680
state agency need not pay the registration fee prescribed by this	681
division or file expenditure statements under section 101.73 of	682
the Revised Code. As used in this division, "state agency" does	683
not include a state institution of higher education as defined in	684
section 3345.011 of the Revised Code.	685

(F) Upon registration pursuant to division (A) of this	686
section, the legislative agent shall be issued a card by the joint	687
committee showing that the legislative agent is registered. The	688
registration card and the legislative agent's registration shall	689
be valid from the date of their issuance until the next	690
thirty-first day of December of an even-numbered year.	691

(G) The executive director of the joint committee shall be	692
responsible for reviewing each registration statement filed with	693
the joint committee under this section and for determining whether	694
the statement contains all of the information required by this	695
section. If the joint committee determines that the registration	696
statement does not contain all of the required information or that	697
a legislative agent or employer has failed to file a registration	698
statement, the joint committee shall send written notification by	699
certified mail to the person who filed the registration statement	700
regarding the deficiency in the statement or to the person who	701
failed to file the registration statement regarding the failure.	702
Any person so notified by the joint committee shall, not later	703
than fifteen days after receiving the notice, file a registration	704
statement or an amended registration statement that does contain	705
all of the information required by this section. If any person who	706
receives a notice under this division fails to file a registration	707
statement or such an amended registration statement within this	708
fifteen-day period, the joint committee shall assess a late filing	709
fee equal to twelve dollars and fifty cents per day, up to a	710
maximum of one hundred dollars, upon that person. The joint	711
committee may waive the late filing fee for good cause shown.	712

(H) On or before the fifteenth day of March of each year, the	713
joint committee shall, in the manner and form that it determines,	714
publish a report containing statistical information on the	715
registration statements filed with it under this section during	716
the preceding year.	717

Sec. 101.82. As used in sections 101.82 to 101.87 of the	718
Revised Code:	719

(A) "Agency" means any board, commission, committee, or	720
council, or any other similar state public body required to be	721
established pursuant to state statutes for the exercise of any	722
function of state government and to which members are appointed or	723
elected. "Agency" does not include the following:	724

(1) The general assembly, or any commission, committee, or	725
other body composed entirely of members ~~thereof~~of the general	726
assembly;	727

(2) Any court;

728

(3) Any public body created by or directly pursuant to the	729
constitution of this state;	730

(4) The board of trustees of any institution of higher	731
education financially supported in whole or in part by the state;	732

(5) Any public body that has the authority to issue bonds or	733
notes or that has issued bonds or notes that have not been fully	734
repaid;	735

(6) The public utilities commission of Ohio;

736

(7) The consumers' council governing board;

737

(8) The Ohio board of regents;

738

(9) Any state board or commission that has the authority to	739
issue any final adjudicatory order that may be appealed to the	740
court of common pleas under Chapter 119. of the Revised Code;	741

(10) Any board of elections;

742

(11) The board of directors of the Ohio insurance guaranty	743
association and the board of governors of the Ohio fair plan	744
underwriting association;	745

(12) The Ohio public employees deferred compensation board;

746

(13) The Ohio retirement study council;

747

(14) The board of trustees of the Ohio police and fire	748
pension fund, public employees retirement board, school employees	749
retirement board, state highway patrol retirement board, and state	750
teachers retirement board;	751

(15) The industrial commission.

752

(B) "Abolish" means to repeal the statutes creating and	753
empowering an agency, remove its personnel, and transfer its	754
records to the department of administrative services pursuant to	755
division ~~(H)~~(E) of section 149.331 of the Revised Code.	756

(C) "Terminate" means to amend or repeal the statutes	757
creating and empowering an agency, remove its personnel, and	758
reassign its functions and records to another agency or officer	759
designated by the general assembly.	760

(D) "Transfer" means to amend the statutes creating and	761
empowering an agency so that its functions, records, and personnel	762
are conveyed to another agency or officer.	763

(E) "Renew" means to continue an agency, and may include	764
amendment of the statutes creating and empowering the agency, or	765
recommendations for changes in agency operation or personnel.	766

Sec. 102.02. (A) Except as otherwise provided in division	767
(H) of this section, every person who is elected to or is a	768
candidate for a state, county, or city office, or the office of	769
member of the United States congress, and every person who is	770
appointed to fill a vacancy for an unexpired term in such an	771
elective office; all members of the state board of education; the	772
director, assistant directors, deputy directors, division chiefs,	773
or persons of equivalent rank of any administrative department of	774
the state; the president or other chief administrative officer of	775
every state institution of higher education as defined in section	776
3345.011 of the Revised Code; the chief executive officer of each	777
state retirement system; all members of the board of commissioners	778
on grievances and discipline of the supreme court and the ethics	779
commission created under section 102.05 of the Revised Code; every	780
business manager, treasurer, or superintendent of a city, local,	781
exempted village, joint vocational, or cooperative education	782
school district or an educational service center; every person who	783
is elected to or is a candidate for the office of member of a	784
board of education of a city, local, exempted village, joint	785
vocational, or cooperative education school district or of a	786
governing board of an educational service center that has a total	787
student count of twelve thousand or more as most recently	788
determined by the department of education pursuant to section	789
3317.03 of the Revised Code; every person who is appointed to the	790
board of education of a municipal school district pursuant to	791
division (B) or (F) of section 3311.71 of the Revised Code; all	792
members of the board of directors of a sanitary district	793
established under Chapter 6115. of the Revised Code and organized	794
wholly for the purpose of providing a water supply for domestic,	795
municipal, and public use that includes two municipal corporations	796
in two counties; every public official or employee who is paid a	797
salary or wage in accordance with schedule C of section 124.15 or	798
schedule E-2 of section 124.152 of the Revised Code; members of	799
the board of trustees and the executive director of the tobacco	800
use prevention and control foundation; members of the board of	801
trustees and the executive director of the southern Ohio	802
agricultural and community development foundation; and every other	803
public official or employee who is designated by the appropriate	804
ethics commission pursuant to division (B) of this section shall	805
file with the appropriate ethics commission on a form prescribed	806
by the commission, a statement disclosing all of the following:	807

(1) The name of the person filing the statement and each	808
member of the person's immediate family and all names under which	809
the person or members of the person's immediate family do	810
business;	811

(2)(a) Subject to divisions (A)(2)(b) and (c) of this section	812
and except as otherwise provided in section 102.022 of the Revised	813
Code, identification of every source of income, other than income	814
from a legislative agent identified in division (A)(2)(b) of this	815
section, received during the preceding calendar year, in the	816
person's own name or by any other person for the person's use or	817
benefit, by the person filing the statement, and a brief	818
description of the nature of the services for which the income was	819
received. If the person filing the statement is a member of the	820
general assembly, the statement shall identify the amount of every	821
source of income received in accordance with the following ranges	822
of amounts: zero or more, but less than one thousand dollars; one	823
thousand dollars or more, but less than ten thousand dollars; ten	824
thousand dollars or more, but less than twenty-five thousand	825
dollars; twenty-five thousand dollars or more, but less than fifty	826
thousand dollars; fifty thousand dollars or more, but less than	827
one hundred thousand dollars; and one hundred thousand dollars or	828
more. Division (A)(2)(a) of this section shall not be construed to	829
require a person filing the statement who derives income from a	830
business or profession to disclose the individual items of income	831
that constitute the gross income of that business or profession,	832
except for those individual items of income that are attributable	833
to the person's or, if the income is shared with the person, the	834
partner's, solicitation of services or goods or performance,	835
arrangement, or facilitation of services or provision of goods on	836
behalf of the business or profession of clients, including	837
corporate clients, who are legislative agents as defined in	838
section 101.70 of the Revised Code. A person who files the	839
statement under this section shall disclose the identity of and	840
the amount of income received from a person who the public	841
official or employee knows or has reason to know is doing or	842
seeking to do business of any kind with the public official's or	843
employee's agency.	844

(b) If the person filing the statement is a member of the	845
general assembly, the statement shall identify every source of	846
income and the amount of that income that was received from a	847
legislative agent, as defined in section 101.70 of the Revised	848
Code, during the preceding calendar year, in the person's own name	849
or by any other person for the person's use or benefit, by the	850
person filing the statement, and a brief description of the nature	851
of the services for which the income was received. Division	852
(A)(2)(b) of this section requires the disclosure of clients of	853
attorneys or persons licensed under section 4732.12 of the Revised	854
Code, or patients of persons certified under section 4731.14 of	855
the Revised Code, if those clients or patients are legislative	856
agents. Division (A)(2)(b) of this section requires a person	857
filing the statement who derives income from a business or	858
profession to disclose those individual items of income that	859
constitute the gross income of that business or profession that	860
are received from legislative agents.	861

(c) Except as otherwise provided in division (A)(2)(c) of	862
this section, division (A)(2)(a) of this section applies to	863
attorneys, physicians, and other persons who engage in the	864
practice of a profession and who, pursuant to a section of the	865
Revised Code, the common law of this state, a code of ethics	866
applicable to the profession, or otherwise, generally are required	867
not to reveal, disclose, or use confidences of clients, patients,	868
or other recipients of professional services except under	869
specified circumstances or generally are required to maintain	870
those types of confidences as privileged communications except	871
under specified circumstances. Division (A)(2)(a) of this section	872
does not require an attorney, physician, or other professional	873
subject to a confidentiality requirement as described in division	874
(A)(2)(c) of this section to disclose the name, other identity, or	875
address of a client, patient, or other recipient of professional	876
services if the disclosure would threaten the client, patient, or	877
other recipient of professional services, would reveal details of	878
the subject matter for which legal, medical, or professional	879
advice or other services were sought, or would reveal an otherwise	880
privileged communication involving the client, patient, or other	881
recipient of professional services. Division (A)(2)(a) of this	882
section does not require an attorney, physician, or other	883
professional subject to a confidentiality requirement as described	884
in division (A)(2)(c) of this section to disclose in the brief	885
description of the nature of services required by division	886
(A)(2)(a) of this section any information pertaining to specific	887
professional services rendered for a client, patient, or other	888
recipient of professional services that would reveal details of	889
the subject matter for which legal, medical, or professional	890
advice was sought or would reveal an otherwise privileged	891
communication involving the client, patient, or other recipient of	892
professional services.	893

(3) The name of every corporation on file with the secretary	894
of state that is incorporated in this state or holds a certificate	895
of compliance authorizing it to do business in this state, trust,	896
business trust, partnership, or association that transacts	897
business in this state in which the person filing the statement or	898
any other person for the person's use and benefit had during the	899
preceding calendar year an investment of over one thousand dollars	900
at fair market value as of the thirty-first day of December of the	901
preceding calendar year, or the date of disposition, whichever is	902
earlier, or in which the person holds any office or has a	903
fiduciary relationship, and a description of the nature of the	904
investment, office, or relationship. Division (A)(3) of this	905
section does not require disclosure of the name of any bank,	906
savings and loan association, credit union, or building and loan	907
association with which the person filing the statement has a	908
deposit or a withdrawable share account.	909

(4) All fee simple and leasehold interests to which the	910
person filing the statement holds legal title to or a beneficial	911
interest in real property located within the state, excluding the	912
person's residence and property used primarily for personal	913
recreation;	914

(5) The names of all persons residing or transacting business	915
in the state to whom the person filing the statement owes, in the	916
person's own name or in the name of any other person, more than	917
one thousand dollars. Division (A)(5) of this section shall not be	918
construed to require the disclosure of debts owed by the person	919
resulting from the ordinary conduct of a business or profession or	920
debts on the person's residence or real property used primarily	921
for personal recreation, except that the superintendent of	922
financial institutions shall disclose the names of all	923
state-chartered savings and loan associations and of all service	924
corporations subject to regulation under division (E)(2) of	925
section 1151.34 of the Revised Code to whom the superintendent in	926
the superintendent's own name or in the name of any other person	927
owes any money, and that the superintendent and any deputy	928
superintendent of banks shall disclose the names of all	929
state-chartered banks and all bank subsidiary corporations subject	930
to regulation under section 1109.44 of the Revised Code to whom	931
the superintendent or deputy superintendent owes any money.	932

(6) The names of all persons residing or transacting business	933
in the state, other than a depository excluded under division	934
(A)(3) of this section, who owe more than one thousand dollars to	935
the person filing the statement, either in the person's own name	936
or to any person for the person's use or benefit. Division (A)(6)	937
of this section shall not be construed to require the disclosure	938
of clients of attorneys or persons licensed under section 4732.12	939
or 4732.15 of the Revised Code, or patients of persons certified	940
under section 4731.14 of the Revised Code, nor the disclosure of	941
debts owed to the person resulting from the ordinary conduct of a	942
business or profession.	943

(7) Except as otherwise provided in section 102.022 of the	944
Revised Code, the source of each gift of over seventy-five	945
dollars, or of each gift of over twenty-five dollars received by a	946
member of the general assembly from a legislative agent, received	947
by the person in the person's own name or by any other person for	948
the person's use or benefit during the preceding calendar year,	949
except gifts received by will or by virtue of section 2105.06 of	950
the Revised Code, or received from spouses, parents, grandparents,	951
children, grandchildren, siblings, nephews, nieces, uncles, aunts,	952
brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law,	953
fathers-in-law, mothers-in-law, or any person to whom the person	954
filing the statement stands in loco parentis, or received by way	955
of distribution from any inter vivos or testamentary trust	956
established by a spouse or by an ancestor;	957

(8) Except as otherwise provided in section 102.022 of the	958
Revised Code, identification of the source and amount of every	959
payment of expenses incurred for travel to destinations inside or	960
outside this state that is received by the person in the person's	961
own name or by any other person for the person's use or benefit	962
and that is incurred in connection with the person's official	963
duties, except for expenses for travel to meetings or conventions	964
of a national or state organization to which any state agency,	965
including, but not limited to, any legislative agency or state	966
institution of higher education as defined in section 3345.011 of	967
the Revised Code, pays membership dues, or any political	968
subdivision or any office or agency of a political subdivision	969
pays membership dues;	970

(9) Except as otherwise provided in section 102.022 of the	971
Revised Code, identification of the source of payment of expenses	972
for meals and other food and beverages, other than for meals and	973
other food and beverages provided at a meeting at which the person	974
participated in a panel, seminar, or speaking engagement or at a	975
meeting or convention of a national or state organization to which	976
any state agency, including, but not limited to, any legislative	977
agency or state institution of higher education as defined in	978
section 3345.011 of the Revised Code, pays membership dues, or any	979
political subdivision or any office or agency of a political	980
subdivision pays membership dues, that are incurred in connection	981
with the person's official duties and that exceed one hundred	982
dollars aggregated per calendar year;	983

(10) If the financial disclosure statement is filed by a	984
public official or employee described in division (B)(2) of	985
section 101.73 of the Revised Code or division (B)(2) of section	986
121.63 of the Revised Code who receives a statement from a	987
legislative agent, executive agency lobbyist, or employer that	988
contains the information described in division (F)(2) of section	989
101.73 of the Revised Code or division (G)(2) of section 121.63 of	990
the Revised Code, all of the nondisputed information contained in	991
the statement delivered to that public official or employee by the	992
legislative agent, executive agency lobbyist, or employer under	993
division (F)(2) of section 101.73 or (G)(2) of section 121.63 of	994
the Revised Code. As used in division (A)(10) of this section,	995
"legislative agent," "executive agency lobbyist," and "employer"	996
have the same meanings as in sections 101.70 and 121.60 of the	997
Revised Code.	998

A person may file a statement required by this section in	999
person or by mail. A person who is a candidate for elective office	1000
shall file the statement no later than the thirtieth day before	1001
the primary, special, or general election at which the candidacy	1002
is to be voted on, whichever election occurs soonest, except that	1003
a person who is a write-in candidate shall file the statement no	1004
later than the twentieth day before the earliest election at which	1005
the person's candidacy is to be voted on. A person who holds	1006
elective office shall file the statement on or before the	1007
fifteenth day of April of each year unless the person is a	1008
candidate for office. A person who is appointed to fill a vacancy	1009
for an unexpired term in an elective office shall file the	1010
statement within fifteen days after the person qualifies for	1011
office. Other persons shall file an annual statement on or before	1012
the fifteenth day of April or, if appointed or employed after that	1013
date, within ninety days after appointment or employment. No	1014
person shall be required to file with the appropriate ethics	1015
commission more than one statement or pay more than one filing fee	1016
for any one calendar year.	1017

The appropriate ethics commission, for good cause, may extend	1018
for a reasonable time the deadline for filing a statement under	1019
this section.	1020

A statement filed under this section is subject to public	1021
inspection at locations designated by the appropriate ethics	1022
commission except as otherwise provided in this section.	1023

(B) The Ohio ethics commission, the joint legislative ethics	1024
committee, and the board of commissioners on grievances and	1025
discipline of the supreme court, using the rule-making procedures	1026
of Chapter 119. of the Revised Code, may require any class of	1027
public officials or employees under its jurisdiction and not	1028
specifically excluded by this section whose positions involve a	1029
substantial and material exercise of administrative discretion in	1030
the formulation of public policy, expenditure of public funds,	1031
enforcement of laws and rules of the state or a county or city, or	1032
the execution of other public trusts, to file an annual statement	1033
on or before the fifteenth day of April under division (A) of this	1034
section. The appropriate ethics commission shall send the public	1035
officials or employees written notice of the requirement by the	1036
fifteenth day of February of each year the filing is required	1037
unless the public official or employee is appointed after that	1038
date, in which case the notice shall be sent within thirty days	1039
after appointment, and the filing shall be made not later than	1040
ninety days after appointment.	1041

Except for disclosure statements filed by members of the	1042
board of trustees and the executive director of the tobacco use	1043
prevention and control foundation and members of the board of	1044
trustees and the executive director of the southern Ohio	1045
agricultural and community development foundation, disclosure	1046
statements filed under this division with the Ohio ethics	1047
commission by members of boards, commissions, or bureaus of the	1048
state for which no compensation is received other than reasonable	1049
and necessary expenses shall be kept confidential. Disclosure	1050
statements filed with the Ohio ethics commission under division	1051
(A) of this section by business managers, treasurers, and	1052
superintendents of city, local, exempted village, joint	1053
vocational, or cooperative education school districts or	1054
educational service centers shall be kept confidential, except	1055
that any person conducting an audit of any such school district or	1056
educational service center pursuant to section 115.56 or Chapter	1057
117. of the Revised Code may examine the disclosure statement of	1058
any business manager, treasurer, or superintendent of that school	1059
district or educational service center. The Ohio ethics commission	1060
shall examine each disclosure statement required to be kept	1061
confidential to determine whether a potential conflict of interest	1062
exists for the person who filed the disclosure statement. A	1063
potential conflict of interest exists if the private interests of	1064
the person, as indicated by the person's disclosure statement,	1065
might interfere with the public interests the person is required	1066
to serve in the exercise of the person's authority and duties in	1067
the person's office or position of employment. If the commission	1068
determines that a potential conflict of interest exists, it shall	1069
notify the person who filed the disclosure statement and shall	1070
make the portions of the disclosure statement that indicate a	1071
potential conflict of interest subject to public inspection in the	1072
same manner as is provided for other disclosure statements. Any	1073
portion of the disclosure statement that the commission determines	1074
does not indicate a potential conflict of interest shall be kept	1075
confidential by the commission and shall not be made subject to	1076
public inspection, except as is necessary for the enforcement of	1077
Chapters 102. and 2921. of the Revised Code and except as	1078
otherwise provided in this division.	1079

(C) No person shall knowingly fail to file, on or before the	1080
applicable filing deadline established under this section, a	1081
statement that is required by this section.	1082

(D) No person shall knowingly file a false statement that is	1083
required to be filed under this section.	1084

(E)(1) Except as provided in divisions (E)(2) and (3) of this	1085
section, the statement required by division (A) or (B) of this	1086
section shall be accompanied by a filing fee of ~~twenty-five~~forty	1087
dollars.	1088

(2) The statement required by division (A) of this section	1089
shall be accompanied by athe following filing fee to be paid by	1090
the person who is elected or appointed to, or is a candidate for,	1091
any of the following offices:	1092

For state office, except member of the		1093
state board of education	$50 65	1094
For office of member of United States		1095
congress or member of general assembly	$25 40	1096
For county office	$25 40	1097
For city office	$10 25	1098
For office of member of the state board		1099
of education	$20 25	1100
For office of member of a city, local,		1101
exempted village, or cooperative		1102
education board of		1103
education or educational service		1104
center governing board	$ 5 20	1105
For position of business manager,		1106
treasurer, or superintendent of a		1107
city, local, exempted village, joint		1108
vocational, or cooperative education		1109
school district or		1110
educational service center	$ 5 20	1111

(3) No judge of a court of record or candidate for judge of a	1112
court of record, and no referee or magistrate serving a court of	1113
record, shall be required to pay the fee required under division	1114
(E)(1) or (2) or (F) of this section.	1115

(4) For any public official who is appointed to a nonelective	1116
office of the state and for any employee who holds a nonelective	1117
position in a public agency of the state, the state agency that is	1118
the primary employer of the state official or employee shall pay	1119
the fee required under division (E)(1) or (F) of this section.	1120

(F) If a statement required to be filed under this section is	1121
not filed by the date on which it is required to be filed, the	1122
appropriate ethics commission shall assess the person required to	1123
file the statement a late filing fee ~~equal to one-half~~ of ~~the~~	1124
~~applicable filing fee~~ten dollars for each day the statement is	1125
not filed, except that the total amount of the late filing fee	1126
shall not exceed ~~one~~two hundred fifty dollars.	1127

(G)(1) The appropriate ethics commission other than the Ohio	1128
ethics commission shall deposit all fees it receives under	1129
divisions (E) and (F) of this section into the general revenue	1130
fund of the state.	1131

(2) The Ohio ethics commission shall deposit all receipts,	1132
including, but not limited to, fees it receives under divisions	1133
(E) and (F) of this section and all moneys it receives from	1134
settlements under division (G) of section 102.06 of the Revised	1135
Code, into the Ohio ethics commission fund, which is hereby	1136
created in the state treasury. All moneys credited to the fund	1137
shall be used solely for expenses related to the operation and	1138
statutory functions of the commission.	1139

(H) Division (A) of this section does not apply to a person	1140
elected or appointed to the office of precinct, ward, or district	1141
committee member under Chapter 3517. of the Revised Code; a	1142
presidential elector; a delegate to a national convention; village	1143
or township officials and employees; any physician or psychiatrist	1144
who is paid a salary or wage in accordance with schedule C of	1145
section 124.15 or schedule E-2 of section 124.152 of the Revised	1146
Code and whose primary duties do not require the exercise of	1147
administrative discretion; or any member of a board, commission,	1148
or bureau of any county or city who receives less than one	1149
thousand dollars per year for serving in that position.	1150

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

1151

(1) "State institutional facility" means any institution or	1152
other facility, in operation on or after January 1, 2003, for the	1153
housing of any person that is under the control of the department	1154
of rehabilitation and correction, the department of youth	1155
services, the department of mental retardation and developmental	1156
disabilities, the department of mental health, or any other agency	1157
or department of state government.	1158

(2) "Target state agency" means the agency of state	1159
government that operates the institutional facility or facilities	1160
that the governor believes should be closed.	1161

(B) Prior to the closing of a state institutional facility,	1162
the target state agency shall conduct a survey and analysis of the	1163
needs of each client at that facility for the purpose of ensuring	1164
that each client's identified needs during the transition and in	1165
the client's new setting are met. A copy of the analysis, devoid	1166
of any client identifying information, as well as the target state	1167
agency's proposal for meeting the needs of the clients, shall be	1168
submitted to the general assembly in accordance with section	1169
101.68 of the Revised Code at least two months prior to the	1170
closing.	1171

Sec. 108.05. (A) The lieutenant governor shall be a member	1172
of the governor's cabinet and shall preside at its meetings in the	1173
absence of the governor.	1174

(B) The governor may appoint the lieutenant governor as an	1175
administrative department head listed in section 121.03 of the	1176
Revised Code, ~~as director of the office of criminal justice~~	1177
~~services pursuant to section 181.52 of the Revised Code,~~ as the	1178
governor's representative on any board, agency, committee, or	1179
commission of which the governor is a member and has the authority	1180
to appoint a representative, or in an advisory capacity to any	1181
nonelective board, agency, committee, or commission in the	1182
executive department or may give the lieutenant governor any	1183
special assignment as the governor considers in the interest of	1184
the state.	1185

(C) When carrying out any of the functions described in	1186
division (B) of this section, the lieutenant governor shall be	1187
reimbursed from funds of the particular authority for necessary	1188
expenses incurred in the conduct of authority business.	1189

Sec. 109.57. (A)(1) The superintendent of the bureau of	1190
criminal identification and investigation shall procure from	1191
wherever procurable and file for record photographs, pictures,	1192
descriptions, fingerprints, measurements, and other information	1193
that may be pertinent of all persons who have been convicted of	1194
committing within this state a felony, any crime constituting a	1195
misdemeanor on the first offense and a felony on subsequent	1196
offenses, or any misdemeanor described in division (A)(1)(a) of	1197
section 109.572 of the Revised Code, of all children under	1198
eighteen years of age who have been adjudicated delinquent	1199
children for committing within this state an act that would be a	1200
felony or an offense of violence if committed by an adult or who	1201
have been convicted of or pleaded guilty to committing within this	1202
state a felony or an offense of violence, and of all well-known	1203
and habitual criminals. The person in charge of any county,	1204
multicounty, municipal, municipal-county, or multicounty-municipal	1205
jail or workhouse, community-based correctional facility, halfway	1206
house, alternative residential facility, or state correctional	1207
institution and the person in charge of any state institution	1208
having custody of a person suspected of having committed a felony,	1209
any crime constituting a misdemeanor on the first offense and a	1210
felony on subsequent offenses, or any misdemeanor described in	1211
division (A)(1)(a) of section 109.572 of the Revised Code or	1212
having custody of a child under eighteen years of age with respect	1213
to whom there is probable cause to believe that the child may have	1214
committed an act that would be a felony or an offense of violence	1215
if committed by an adult shall furnish such material to the	1216
superintendent of the bureau. Fingerprints, photographs, or other	1217
descriptive information of a child who is under eighteen years of	1218
age, has not been arrested or otherwise taken into custody for	1219
committing an act that would be a felony or an offense of violence	1220
if committed by an adult, has not been adjudicated a delinquent	1221
child for committing an act that would be a felony or an offense	1222
of violence if committed by an adult, has not been convicted of or	1223
pleaded guilty to committing a felony or an offense of violence,	1224
and is not a child with respect to whom there is probable cause to	1225
believe that the child may have committed an act that would be a	1226
felony or an offense of violence if committed by an adult shall	1227
not be procured by the superintendent or furnished by any person	1228
in charge of any county, multicounty, municipal, municipal-county,	1229
or multicounty-municipal jail or workhouse, community-based	1230
correctional facility, halfway house, alternative residential	1231
facility, or state correctional institution, except as authorized	1232
in section 2151.313 of the Revised Code.	1233

(2) Every clerk of a court of record in this state, other	1234
than the supreme court or a court of appeals, shall send to the	1235
superintendent of the bureau a weekly report containing a summary	1236
of each case involving a felony, involving any crime constituting	1237
a misdemeanor on the first offense and a felony on subsequent	1238
offenses, involving a misdemeanor described in division (A)(1)(a)	1239
of section 109.572 of the Revised Code, or involving an	1240
adjudication in a case in which a child under eighteen years of	1241
age was alleged to be a delinquent child for committing an act	1242
that would be a felony or an offense of violence if committed by	1243
an adult. The clerk of the court of common pleas shall include in	1244
the report and summary the clerk sends under this division all	1245
information described in divisions (A)(2)(a) to (f) of this	1246
section regarding a case before the court of appeals that is	1247
served by that clerk. The summary shall be written on the standard	1248
forms furnished by the superintendent pursuant to division (B) of	1249
this section and shall include the following information:	1250

(a) The incident tracking number contained on the standard	1251
forms furnished by the superintendent pursuant to division (B) of	1252
this section;	1253

(b) The style and number of the case;

1254

1255

(d) The date that the person was convicted of or pleaded	1256
guilty to the offense, adjudicated a delinquent child for	1257
committing the act that would be a felony or an offense of	1258
violence if committed by an adult, found not guilty of the	1259
offense, or found not to be a delinquent child for committing an	1260
act that would be a felony or an offense of violence if committed	1261
by an adult, the date of an entry dismissing the charge, an entry	1262
declaring a mistrial of the offense in which the person is	1263
discharged, an entry finding that the person or child is not	1264
competent to stand trial, or an entry of a nolle prosequi, or the	1265
date of any other determination that constitutes final resolution	1266
of the case;	1267

(e) A statement of the original charge with the section of	1268
the Revised Code that was alleged to be violated;	1269

(f) If the person or child was convicted, pleaded guilty, or	1270
was adjudicated a delinquent child, the sentence or terms of	1271
probation imposed or any other disposition of the offender or the	1272
delinquent child.	1273

If the offense involved the disarming of a law enforcement	1274
officer or an attempt to disarm a law enforcement officer, the	1275
clerk shall clearly state that fact in the summary, and the	1276
superintendent shall ensure that a clear statement of that fact is	1277
placed in the bureau's records.	1278

(3) The superintendent shall cooperate with and assist	1279
sheriffs, chiefs of police, and other law enforcement officers in	1280
the establishment of a complete system of criminal identification	1281
and in obtaining fingerprints and other means of identification of	1282
all persons arrested on a charge of a felony, any crime	1283
constituting a misdemeanor on the first offense and a felony on	1284
subsequent offenses, or a misdemeanor described in division	1285
(A)(1)(a) of section 109.572 of the Revised Code and of all	1286
children under eighteen years of age arrested or otherwise taken	1287
into custody for committing an act that would be a felony or an	1288
offense of violence if committed by an adult. The superintendent	1289
also shall file for record the fingerprint impressions of all	1290
persons confined in a county, multicounty, municipal,	1291
municipal-county, or multicounty-municipal jail or workhouse,	1292
community-based correctional facility, halfway house, alternative	1293
residential facility, or state correctional institution for the	1294
violation of state laws and of all children under eighteen years	1295
of age who are confined in a county, multicounty, municipal,	1296
municipal-county, or multicounty-municipal jail or workhouse,	1297
community-based correctional facility, halfway house, alternative	1298
residential facility, or state correctional institution or in any	1299
facility for delinquent children for committing an act that would	1300
be a felony or an offense of violence if committed by an adult,	1301
and any other information that the superintendent may receive from	1302
law enforcement officials of the state and its political	1303
subdivisions.	1304

(4) The superintendent shall carry out Chapter 2950. of the	1305
Revised Code with respect to the registration of persons who are	1306
convicted of or plead guilty to a sexually oriented offense and	1307
with respect to all other duties imposed on the bureau under that	1308
chapter.	1309

(B) The superintendent shall prepare and furnish to every	1310
county, multicounty, municipal, municipal-county, or	1311
multicounty-municipal jail or workhouse, community-based	1312
correctional facility, halfway house, alternative residential	1313
facility, or state correctional institution and to every clerk of	1314
a court in this state specified in division (A)(2) of this section	1315
standard forms for reporting the information required under	1316
division (A) of this section. The standard forms that the	1317
superintendent prepares pursuant to this division may be in a	1318
tangible format, in an electronic format, or in both tangible	1319
formats and electronic formats.	1320

(C) The superintendent may operate a center for electronic,	1321
automated, or other data processing for the storage and retrieval	1322
of information, data, and statistics pertaining to criminals and	1323
to children under eighteen years of age who are adjudicated	1324
delinquent children for committing an act that would be a felony	1325
or an offense of violence if committed by an adult, criminal	1326
activity, crime prevention, law enforcement, and criminal justice,	1327
and may establish and operate a statewide communications network	1328
to gather and disseminate information, data, and statistics for	1329
the use of law enforcement agencies. The superintendent may	1330
gather, store, retrieve, and disseminate information, data, and	1331
statistics that pertain to children who are under eighteen years	1332
of age and that are gathered pursuant to sections 109.57 to 109.61	1333
of the Revised Code together with information, data, and	1334
statistics that pertain to adults and that are gathered pursuant	1335
to those sections.	1336

(D) The information and materials furnished to the	1337
superintendent pursuant to division (A) of this section and	1338
information and materials furnished to any board or person under	1339
division (F) or (G) of this section are not public records under	1340
section 149.43 of the Revised Code.	1341

(E) The attorney general shall adopt rules, in accordance	1342
with Chapter 119. of the Revised Code, setting forth the procedure	1343
by which a person may receive or release information gathered by	1344
the superintendent pursuant to division (A) of this section. A	1345
reasonable fee may be charged for this service. If a temporary	1346
employment service submits a request for a determination of	1347
whether a person the service plans to refer to an employment	1348
position has been convicted of or pleaded guilty to an offense	1349
listed in division (A)(1), (3), (4), or (5), or (6) of section	1350
109.572 of the Revised Code, the request shall be treated as a	1351
single request and only one fee shall be charged.	1352

(F)(1) As used in division (F)(2) of this section, "head	1353
start agency" means an entity in this state that has been approved	1354
to be an agency for purposes of subchapter II of the "Community	1355
Economic Development Act," 95 Stat. 489 (1981), 42 U.S.C.A. 9831,	1356
as amended.	1357

(2)(a) In addition to or in conjunction with any request that	1358
is required to be made under section 109.572, 2151.86, 3301.32,	1359
3301.541, 3319.39, 3701.881, 5104.012, 5104.013, 5123.081,	1360
5126.28, 5126.281, or 5153.111 of the Revised Code, the board of	1361
education of any school district; the director of mental	1362
retardation and developmental disabilities; any county board of	1363
mental retardation and developmental disabilities; any entity	1364
under contract with a county board of mental retardation and	1365
developmental disabilities; the chief administrator of any	1366
chartered nonpublic school; the chief administrator of any home	1367
health agency; the chief administrator of or person operating any	1368
child day-care center, type A family day-care home, or type B	1369
family day-care home licensed or certified under Chapter 5104. of	1370
the Revised Code; the administrator of any type C family day-care	1371
home certified pursuant to Section 1 of Sub. H.B. 62 of the 121st	1372
general assembly or Section 5 of Am. Sub. S.B. 160 of the 121st	1373
general assembly; the chief administrator of any head start	1374
agency; or the executive director of a public children services	1375
agency may request that the superintendent of the bureau	1376
investigate and determine, with respect to any individual who has	1377
applied for employment in any position after October 2, 1989, or	1378
any individual wishing to apply for employment with a board of	1379
education may request, with regard to the individual, whether the	1380
bureau has any information gathered under division (A) of this	1381
section that pertains to that individual. On receipt of the	1382
request, the superintendent shall determine whether that	1383
information exists and, upon request of the person, board, or	1384
entity requesting information, also shall request from the federal	1385
bureau of investigation any criminal records it has pertaining to	1386
that individual. Within thirty days of the date that the	1387
superintendent receives a request, the superintendent shall send	1388
to the board, entity, or person a report of any information that	1389
the superintendent determines exists, including information	1390
contained in records that have been sealed under section 2953.32	1391
of the Revised Code, and, within thirty days of its receipt, shall	1392
send the board, entity, or person a report of any information	1393
received from the federal bureau of investigation, other than	1394
information the dissemination of which is prohibited by federal	1395
law.	1396

(b) When a board of education is required to receive	1397
information under this section as a prerequisite to employment of	1398
an individual pursuant to section 3319.39 of the Revised Code, it	1399
may accept a certified copy of records that were issued by the	1400
bureau of criminal identification and investigation and that are	1401
presented by an individual applying for employment with the	1402
district in lieu of requesting that information itself. In such a	1403
case, the board shall accept the certified copy issued by the	1404
bureau in order to make a photocopy of it for that individual's	1405
employment application documents and shall return the certified	1406
copy to the individual. In a case of that nature, a district only	1407
shall accept a certified copy of records of that nature within one	1408
year after the date of their issuance by the bureau.	1409

(3) The state board of education may request, with respect to	1410
any individual who has applied for employment after October 2,	1411
1989, in any position with the state board or the department of	1412
education, any information that a school district board of	1413
education is authorized to request under division (F)(2) of this	1414
section, and the superintendent of the bureau shall proceed as if	1415
the request has been received from a school district board of	1416
education under division (F)(2) of this section.	1417

(4) When the superintendent of the bureau receives a request	1418
for information that is authorized under section 3319.291 of the	1419
Revised Code, the superintendent shall proceed as if the request	1420
has been received from a school district board of education under	1421
division (F)(2) of this section.	1422

(5) When a recipient of an OhioReads classroom or community	1423
reading grant paid under section 3301.86 or 3301.87 of the Revised	1424
Code or an entity approved by the OhioReads council requests, with	1425
respect to any individual who applies to participate in providing	1426
any program or service through an entity approved by the OhioReads	1427
council or funded in whole or in part by the grant, the	1428
information that a school district board of education is	1429
authorized to request under division (F)(2)(a) of this section,	1430
the superintendent of the bureau shall proceed as if the request	1431
has been received from a school district board of education under	1432
division (F)(2)(a) of this section.	1433

(G) In addition to or in conjunction with any request that is	1434
required to be made under section 173.41, 3701.881, 3712.09,	1435
3721.121, or 3722.151 of the Revised Code with respect to an	1436
individual who has applied for employment in a position that	1437
involves providing direct care to an older adult, the chief	1438
administrator of a PASSPORT agency that provides services through	1439
the PASSPORT program created under section 173.40 of the Revised	1440
Code, home health agency, hospice care program, home licensed	1441
under Chapter 3721. of the Revised Code, adult day-care program	1442
operated pursuant to rules adopted under section 3721.04 of the	1443
Revised Code, or adult care facility may request that the	1444
superintendent of the bureau investigate and determine, with	1445
respect to any individual who has applied after January 27, 1997,	1446
for employment in a position that does not involve providing	1447
direct care to an older adult, whether the bureau has any	1448
information gathered under division (A) of this section that	1449
pertains to that individual. On receipt of the request, the	1450
superintendent shall determine whether that information exists	1451
and, on request of the administrator requesting information, shall	1452
also request from the federal bureau of investigation any criminal	1453
records it has pertaining to that individual. Within thirty days	1454
of the date a request is received, the superintendent shall send	1455
to the administrator a report of any information determined to	1456
exist, including information contained in records that have been	1457
sealed under section 2953.32 of the Revised Code, and, within	1458
thirty days of its receipt, shall send the administrator a report	1459
of any information received from the federal bureau of	1460
investigation, other than information the dissemination of which	1461
is prohibited by federal law.	1462

(H) Information obtained by a board, administrator, or other	1463
person under this section is confidential and shall not be	1464
released or disseminated.	1465

(I) The superintendent may charge a reasonable fee for	1466
providing information or criminal records under division (F)(2) or	1467
(G) of this section.	1468

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	1469
section 2151.86, 3301.32, 3301.541, 3319.39, 5104.012, 5104.013,	1470
or 5153.111 of the Revised Code, a completed form prescribed	1471
pursuant to division (C)(1) of this section, and a set of	1472
fingerprint impressions obtained in the manner described in	1473
division (C)(2) of this section, the superintendent of the bureau	1474
of criminal identification and investigation shall conduct a	1475
criminal records check in the manner described in division (B) of	1476
this section to determine whether any information exists that	1477
indicates that the person who is the subject of the request	1478
previously has been convicted of or pleaded guilty to any of the	1479
following:	1480

(a) A violation of section 2903.01, 2903.02, 2903.03,	1481
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1482
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	1483
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	1484
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	1485
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	1486
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	1487
2925.06, or 3716.11 of the Revised Code, felonious sexual	1488
penetration in violation of former section 2907.12 of the Revised	1489
Code, a violation of section 2905.04 of the Revised Code as it	1490
existed prior to July 1, 1996, a violation of section 2919.23 of	1491
the Revised Code that would have been a violation of section	1492
2905.04 of the Revised Code as it existed prior to July 1, 1996,	1493
had the violation been committed prior to that date, or a	1494
violation of section 2925.11 of the Revised Code that is not a	1495
minor drug possession offense;	1496

(b) A violation of an existing or former law of this state,	1497
any other state, or the United States that is substantially	1498
equivalent to any of the offenses listed in division (A)(1)(a) of	1499
this section.	1500

(2) On receipt of a request pursuant to section 5123.081 of	1501
the Revised Code with respect to an applicant for employment in	1502
any position with the department of mental retardation and	1503
developmental disabilities, pursuant to section 5126.28 of the	1504
Revised Code with respect to an applicant for employment in any	1505
position with a county board of mental retardation and	1506
developmental disabilities, or pursuant to section 5126.281 of the	1507
Revised Code with respect to an applicant for employment in a	1508
direct services position with an entity contracting with a county	1509
board for employment, a completed form prescribed pursuant to	1510
division (C)(1) of this section, and a set of fingerprint	1511
impressions obtained in the manner described in division (C)(2) of	1512
this section, the superintendent of the bureau of criminal	1513
identification and investigation shall conduct a criminal records	1514
check. The superintendent shall conduct the criminal records check	1515
in the manner described in division (B) of this section to	1516
determine whether any information exists that indicates that the	1517
person who is the subject of the request has been convicted of or	1518
pleaded guilty to any of the following:	1519

(a) A violation of section 2903.01, 2903.02, 2903.03,	1520
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1521
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	1522
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	1523
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	1524
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1525
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, or	1526
3716.11 of the Revised Code;	1527

(b) An existing or former municipal ordinance or law of this	1528
state, any other state, or the United States that is substantially	1529
equivalent to any of the offenses listed in division (A)(2)(a) of	1530
this section.	1531

(3) On receipt of a request pursuant to section 173.41,	1532
3712.09, 3721.121, or 3722.151 of the Revised Code, a completed	1533
form prescribed pursuant to division (C)(1) of this section, and a	1534
set of fingerprint impressions obtained in the manner described in	1535
division (C)(2) of this section, the superintendent of the bureau	1536
of criminal identification and investigation shall conduct a	1537
criminal records check with respect to any person who has applied	1538
for employment in a position that involves providing direct care	1539
to an older adult. The superintendent shall conduct the criminal	1540
records check in the manner described in division (B) of this	1541
section to determine whether any information exists that indicates	1542
that the person who is the subject of the request previously has	1543
been convicted of or pleaded guilty to any of the following:	1544

(a) A violation of section 2903.01, 2903.02, 2903.03,	1545
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1546
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1547
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1548
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1549
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1550
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1551
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1552
2925.22, 2925.23, or 3716.11 of the Revised Code;	1553

(b) An existing or former law of this state, any other state,	1554
or the United States that is substantially equivalent to any of	1555
the offenses listed in division (A)(3)(a) of this section.	1556

(4) On receipt of a request pursuant to section 3701.881 of	1557
the Revised Code with respect to an applicant for employment with	1558
a home health agency as a person responsible for the care,	1559
custody, or control of a child, a completed form prescribed	1560
pursuant to division (C)(1) of this section, and a set of	1561
fingerprint impressions obtained in the manner described in	1562
division (C)(2) of this section, the superintendent of the bureau	1563
of criminal identification and investigation shall conduct a	1564
criminal records check. The superintendent shall conduct the	1565
criminal records check in the manner described in division (B) of	1566
this section to determine whether any information exists that	1567
indicates that the person who is the subject of the request	1568
previously has been convicted of or pleaded guilty to any of the	1569
following:	1570

(a) A violation of section 2903.01, 2903.02, 2903.03,	1571
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1572
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	1573
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	1574
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	1575
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	1576
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	1577
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	1578
violation of section 2925.11 of the Revised Code that is not a	1579
minor drug possession offense;	1580

(b) An existing or former law of this state, any other state,	1581
or the United States that is substantially equivalent to any of	1582
the offenses listed in division (A)(4)(a) of this section.	1583

(5) On receipt of a request pursuant to section 5111.95 or	1584
5111.96 of the Revised Code with respect to an applicant for	1585
employment with agencies participating in department of job and	1586
family services administered waivers or independent providers in	1587
department administered home and community-based service programs	1588
in a position that involves providing home and community-based	1589
waiver services to consumers with disabilities, a completed form	1590
prescribed pursuant to division (C)(1) of this section, and a set	1591
of fingerprint impressions obtained in the manner described in	1592
division (C)(2) of this section, the superintendent of the bureau	1593
of criminal identification and investigation shall conduct a	1594
criminal records check. The superintendent shall conduct the	1595
criminal records check in the manner described in division (B) of	1596
this section to determine whether any information exists that	1597
indicates that the person who is the subject of the request	1598
previously has been convicted of or pleaded guilty to any of the	1599
following:	1600

(a) A violation of section 2903.01, 2903.02, 2903.03,	1601
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	1602
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	1603
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	1604
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	1605
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	1606
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	1607
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	1608
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	1609
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	1610
Revised Code, felonious sexual penetration in violation of former	1611
section 2907.12 of the Revised Code, a violation of section	1612
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	1613
violation of section 2919.23 of the Revised Code that would have	1614
been a violation of section 2905.04 of the Revised Code as it	1615
existed prior to July 1, 1996, had the violation been committed	1616
prior to that date;	1617

(b) An existing or former law of this state, any other state,	1618
or the United States that is substantially equivalent to any of	1619
the offenses listed in division (A)(5)(a) of this section.	1620

(6) On receipt of a request pursuant to section 3701.881 of	1621
the Revised Code with respect to an applicant for employment with	1622
a home health agency in a position that involves providing direct	1623
care to an older adult, a completed form prescribed pursuant to	1624
division (C)(1) of this section, and a set of fingerprint	1625
impressions obtained in the manner described in division (C)(2) of	1626
this section, the superintendent of the bureau of criminal	1627
identification and investigation shall conduct a criminal records	1628
check. The superintendent shall conduct the criminal records check	1629
in the manner described in division (B) of this section to	1630
determine whether any information exists that indicates that the	1631
person who is the subject of the request previously has been	1632
convicted of or pleaded guilty to any of the following:	1633

(a) A violation of section 2903.01, 2903.02, 2903.03,	1634
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	1635
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	1636
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	1637
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	1638
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	1639
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	1640
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	1641
2925.22, 2925.23, or 3716.11 of the Revised Code;	1642

(b) An existing or former law of this state, any other state,	1643
or the United States that is substantially equivalent to any of	1644
the offenses listed in division (A)~~(5)~~(6)(a) of this section.	1645

~~(6)~~(7) When conducting a criminal records check upon a	1646
request pursuant to section 3319.39 of the Revised Code for an	1647
applicant who is a teacher, in addition to the determination made	1648
under division (A)(1) of this section, the superintendent shall	1649
determine whether any information exists that indicates that the	1650
person who is the subject of the request previously has been	1651
convicted of or pleaded guilty to any offense specified in section	1652
3319.31 of the Revised Code.	1653

~~(7)~~(8) When conducting a criminal records check on a request	1654
pursuant to section 2151.86 of the Revised Code for a person who	1655
is a prospective foster caregiver or who is eighteen years old or	1656
older and resides in the home of a prospective foster caregiver,	1657
the superintendent, in addition to the determination made under	1658
division (A)(1) of this section, shall determine whether any	1659
information exists that indicates that the person has been	1660
convicted of or pleaded guilty to a violation of:	1661

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

1662

(b) An existing or former law of this state, any other state,	1663
or the United States that is substantially equivalent to section	1664
2909.02 or 2909.03 of the Revised Code.	1665

~~(8)~~(9) Not later than thirty days after the date the	1666
superintendent receives the request, completed form, and	1667
fingerprint impressions, the superintendent shall send the person,	1668
board, or entity that made the request any information, other than	1669
information the dissemination of which is prohibited by federal	1670
law, the superintendent determines exists with respect to the	1671
person who is the subject of the request that indicates that the	1672
person previously has been convicted of or pleaded guilty to any	1673
offense listed or described in division (A)(1), (2), (3), (4),	1674
(5), (6), or (7), or (8) of this section, as appropriate. The	1675
superintendent shall send the person, board, or entity that made	1676
the request a copy of the list of offenses specified in division	1677
(A)(1), (2), (3), (4), (5), (6), or (7), or (8) of this section,	1678
as appropriate. If the request was made under section 3701.881 of	1679
the Revised Code with regard to an applicant who may be both	1680
responsible for the care, custody, or control of a child and	1681
involved in providing direct care to an older adult, the	1682
superintendent shall provide a list of the offenses specified in	1683
divisions (A)(4) and ~~(5)~~(6) of this section.	1684

(B) The superintendent shall conduct any criminal records	1685
check requested under section 173.41, 2151.86, 3301.32, 3301.541,	1686
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 5104.012,	1687
5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281, or	1688
5153.111 of the Revised Code as follows:	1689

(1) The superintendent shall review or cause to be reviewed	1690
any relevant information gathered and compiled by the bureau under	1691
division (A) of section 109.57 of the Revised Code that relates to	1692
the person who is the subject of the request, including any	1693
relevant information contained in records that have been sealed	1694
under section 2953.32 of the Revised Code;	1695

(2) If the request received by the superintendent asks for	1696
information from the federal bureau of investigation, the	1697
superintendent shall request from the federal bureau of	1698
investigation any information it has with respect to the person	1699
who is the subject of the request and shall review or cause to be	1700
reviewed any information the superintendent receives from that	1701
bureau.	1702

(C)(1) The superintendent shall prescribe a form to obtain	1703
the information necessary to conduct a criminal records check from	1704
any person for whom a criminal records check is required by	1705
section 173.41, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	1706
3712.09, 3721.121, 3722.151, 5104.012, 5104.013, 5111.95, 5111.96,	1707
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code. The	1708
form that the superintendent prescribes pursuant to this division	1709
may be in a tangible format, in an electronic format, or in both	1710
tangible and electronic formats.	1711

(2) The superintendent shall prescribe standard impression	1712
sheets to obtain the fingerprint impressions of any person for	1713
whom a criminal records check is required by section 173.41,	1714
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	1715
3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	1716
5126.281, or 5153.111 of the Revised Code. Any person for whom a	1717
records check is required by any of those sections shall obtain	1718
the fingerprint impressions at a county sheriff's office,	1719
municipal police department, or any other entity with the ability	1720
to make fingerprint impressions on the standard impression sheets	1721
prescribed by the superintendent. The office, department, or	1722
entity may charge the person a reasonable fee for making the	1723
impressions. The standard impression sheets the superintendent	1724
prescribes pursuant to this division may be in a tangible format,	1725
in an electronic format, or in both tangible and electronic	1726
formats.	1727

(3) Subject to division (D) of this section, the	1728
superintendent shall prescribe and charge a reasonable fee for	1729
providing a criminal records check requested under section 173.41,	1730
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	1731
3722.151, 5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28,	1732
5126.281, or 5153.111 of the Revised Code. The person making a	1733
criminal records request under section 173.41, 2151.86, 3301.32,	1734
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	1735
5104.012, 5104.013, 5111.95, 5111.96, 5123.081, 5126.28, 5126.281,	1736
or 5153.111 of the Revised Code shall pay the fee prescribed	1737
pursuant to this division. A person making a request under section	1738
3701.881 of the Revised Code for a criminal records check for an	1739
applicant who may be both responsible for the care, custody, or	1740
control of a child and involved in providing direct care to an	1741
older adult shall pay one fee for the request.	1742

(4) The superintendent of the bureau of criminal	1743
identification and investigation may prescribe methods of	1744
forwarding fingerprint impressions and information necessary to	1745
conduct a criminal records check, which methods shall include, but	1746
not be limited to, an electronic method.	1747

(D) A determination whether any information exists that	1748
indicates that a person previously has been convicted of or	1749
pleaded guilty to any offense listed or described in division	1750
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	1751
(b), (A)(5)(a) or (b), (A)(6), or (A)(7)(a) or (b), or (A)(8)(a)	1752
or (b) of this section that is made by the superintendent with	1753
respect to information considered in a criminal records check in	1754
accordance with this section is valid for the person who is the	1755
subject of the criminal records check for a period of one year	1756
from the date upon which the superintendent makes the	1757
determination. During the period in which the determination in	1758
regard to a person is valid, if another request under this section	1759
is made for a criminal records check for that person, the	1760
superintendent shall provide the information that is the basis for	1761
the superintendent's initial determination at a lower fee than the	1762
fee prescribed for the initial criminal records check.	1763

(E) As used in this section:

1764

(1) "Criminal records check" means any criminal records check	1765
conducted by the superintendent of the bureau of criminal	1766
identification and investigation in accordance with division (B)	1767
of this section.	1768

(2) "Home and community-based waiver services" has the same	1769
meaning as in section 5111.95 of the Revised Code.	1770

(3) "Minor drug possession offense" has the same meaning as	1771
in section 2925.01 of the Revised Code.	1772

~~(3)~~(4) "Older adult" means a person age sixty or older.

1773

Sec. 109.91. (A) There is hereby established within the	1774
office of the attorney general the crime victims assistance	1775
office.	1776

(B) There is hereby established the state victims assistance	1777
advisory committee. The committee shall consist of a chairperson,	1778
to be appointed by the attorney general, four ex officio members,	1779
and fifteen members to be appointed by the attorney general as	1780
follows: one member who represents the Ohio victim-witness	1781
association; three members who represent local victim assistance	1782
programs, including one from a municipally operated program and	1783
one from a county-operated program; one member who represents the	1784
interests of elderly victims; one member who is a board member of	1785
any statewide or local organization that exists primarily to aid	1786
victims of domestic violence, or who is an employee of, or	1787
counselor for, such an organization; one member who is an employee	1788
or officer of a county probation department or a probation	1789
department operated by the department of rehabilitation and	1790
correction; one member who is a county prosecuting attorney; one	1791
member who is a city law director; one member who is a county	1792
sheriff; one member who is a member or officer of a township or	1793
municipal police department; one member who is a court of common	1794
pleas judge; one member who is a municipal court judge or county	1795
court judge; and two members who are private citizens and are not	1796
government employees.	1797

The committee shall include the following ex officio,	1798
nonvoting members: the chief justice of the supreme court, the	1799
attorney general, one member of the senate to be designated by the	1800
president of the senate, and one member of the house of	1801
representatives to be designated by the speaker of the house.	1802

Members of the committee shall serve without compensation,	1803
but shall be reimbursed for travel and other necessary expenses	1804
that are incurred in the conduct of their official duties as	1805
members of the committee. The chairperson and members of the	1806
committee appointed by the attorney general shall serve at the	1807
pleasure of the attorney general. The chief justice of the supreme	1808
court and the attorney general shall serve on the committee until	1809
the end of the term of office that qualified them for membership	1810
on the committee. The member of the senate and the member of the	1811
house of representatives shall serve at the pleasure of the	1812
president of the senate and the speaker of the house of	1813
representatives, respectively.	1814

(C) The victims assistance advisory committee shall perform	1815
both of the following duties:	1816

(1) Advise the crime victims assistance office in determining	1817
crime and delinquency victim service needs, determining crime and	1818
delinquency victim policies for the state, and improving and	1819
exercising leadership in the quality of crime and delinquency	1820
victim programs in the state;	1821

(2) Review and recommend to the crime victims assistance	1822
office the victim assistance programs that should be considered	1823
for the receipt of state financial assistance pursuant to section	1824
109.92 of the Revised Code. The financial assistance allocation	1825
recommendations of the committee shall be based on the following	1826
priorities:	1827

(a) Programs in existence on July 1, 1985, shall be given	1828
first priority;	1829

(b) Programs offering or proposing to offer the broadest	1830
range of services and referrals to the community served, including	1831
medical, psychological, financial, educational, vocational, and	1832
legal services that were not in existence on July 1, 1985, shall	1833
be given second priority;	1834

1835

(D) As used in this section and section 109.92 of the Revised	1836
Code, "victim assistance program" includes, but is not limited to	1837
a program that provides at least one of the following:	1838

(1) Services to victims of any offense of violence or	1839
delinquent act that would be an offense of violence if committed	1840
by an adult;	1841

(2) Financial assistance or property repair services to	1842
victims of crime or delinquent acts;	1843

(3) Assistance to victims of crime or delinquent acts in	1844
judicial proceedings;	1845

(4) Assistance to victims of crime or delinquent acts under	1846
the operation of any political subdivision of the state or a	1847
branch of the criminal justice system set forth in division	1848
(B)(1), (2), or (3) of section ~~181.51~~109.98 of the Revised Code;	1849

(5) Technical assistance to persons or organizations that	1850
provide services to victims of crime or delinquent acts under the	1851
operation of a branch of the criminal justice system set forth in	1852
divisions (B)(1), (2), and (3) of section ~~181.51~~109.98 of the	1853
Revised Code.	1854

A victim assistance program does not include the program for	1855
the reparation of crime victims established pursuant to Chapter	1856
2743. of the Revised Code.	1857

~~Sec. 181.51.~~ Sec. 109.98. As used in sections ~~181.51~~109.98 to	1858
~~181.56~~109.985 of the Revised Code:	1859

(A) "Federal criminal justice acts" means any federal law	1860
that authorizes financial assistance and other forms of assistance	1861
to be given by the federal government to the states to be used for	1862
the improvement of the criminal and juvenile justice systems of	1863
the states.	1864

(B)(1) "Criminal justice system" includes all of the	1865
functions of the following:	1866

(a) The state highway patrol, county sheriff offices,	1867
municipal and township police departments, and all other law	1868
enforcement agencies;	1869

(b) The courts of appeals, courts of common pleas, municipal	1870
courts, county courts, and mayor's courts, when dealing with	1871
criminal cases;	1872

(c) The prosecuting attorneys, city directors of law, village	1873
solicitors, and other prosecuting authorities when prosecuting or	1874
otherwise handling criminal cases and the county and joint county	1875
public defenders and other public defender agencies or offices;	1876

(d) The department of rehabilitation and correction,	1877
probation departments, county and municipal jails and workhouses,	1878
and any other department, agency, or facility that is concerned	1879
with the rehabilitation or correction of criminal offenders;	1880

(e) Any public or private agency whose purposes include the	1881
prevention of crime or the diversion, adjudication, detention, or	1882
rehabilitation of criminal offenders;	1883

(f) Any public or private agency, the purposes of which	1884
include assistance to crime victims or witnesses.	1885

(2) The inclusion of any public or private agency, the	1886
purposes of which include assistance to crime victims or	1887
witnesses, as part of the criminal justice system pursuant to	1888
division (B)(1) of this section does not limit, and shall not be	1889
construed as limiting, the discretion or authority of the attorney	1890
general with respect to crime victim assistance and criminal	1891
justice programs.	1892

(C) "Juvenile justice system" includes all of the functions	1893
of the juvenile courts, the department of youth services, any	1894
public or private agency whose purposes include the prevention of	1895
delinquency or the diversion, adjudication, detention, or	1896
rehabilitation of delinquent children, and any of the functions of	1897
the criminal justice system that are applicable to children.	1898

(D) "Comprehensive plan" means a document that coordinates,	1899
evaluates, and otherwise assists, on an annual or multi-year	1900
basis, any of the functions of the criminal and juvenile justice	1901
systems of the state or a specified area of the state, that	1902
conforms to the priorities of the state with respect to criminal	1903
and juvenile justice systems, and that conforms with the	1904
requirements of all federal criminal justice acts. These functions	1905
may include, but are not limited to, any of the following:	1906

(1) Crime and delinquency prevention;

1907

(2) Identification, detection, apprehension, and detention of	1908
persons charged with criminal offenses or delinquent acts;	1909

(3) Assistance to crime victims or witnesses, except that the	1910
comprehensive plan does not include the functions of the attorney	1911
general pursuant to sections 109.91 and 109.92 of the Revised	1912
Code;	1913

(4) Adjudication or diversion of persons charged with	1914
criminal offenses or delinquent acts;	1915

(5) Custodial treatment of criminal offenders , delinquent	1916
children, or both;	1917

(6) Institutional and noninstitutional rehabilitation of	1918
criminal offenders, delinquent children, or both.	1919

(E) "Metropolitan county criminal justice services agency"	1920
means an agency that is established pursuant to division (A) of	1921
section ~~181.54~~109.983 of the Revised Code.	1922

(F) "Administrative planning district" means a district that	1923
is established pursuant to division (A) or (B) of section ~~181.56~~	1924
109.985 of the Revised Code.	1925

(G) "Criminal justice coordinating council" means a criminal	1926
justice services agency that is established pursuant to division	1927
(D) of section ~~181.56~~109.985 of the Revised Code.	1928

(H) "Local elected official" means any person who is a member	1929
of a board of county commissioners or township trustees or of a	1930
city or village council, judge of the court of common pleas, a	1931
municipal court, or a county court, sheriff, county coroner,	1932
prosecuting attorney, city director of law, village solicitor, or	1933
mayor.	1934

(I) "Juvenile justice coordinating council" means a juvenile	1935
justice services agency that is established pursuant to division	1936
(D) of section ~~181.56~~109.985 of the Revised Code.	1937

~~Sec. 181.52.~~ Sec. 109.981. (A) There is hereby created anin the	1938
office of the attorney general a bureau of criminal justice	1939
services. The ~~governor~~attorney general shall appoint a ~~director~~	1940
superintendent of the ~~office~~bureau, and the ~~director~~	1941
superintendent may appoint, within the ~~office~~bureau, any	1942
professional and technical personnel and other employees that are	1943
necessary to enable the ~~office~~bureau to comply with sections	1944
~~181.51~~109.98 to ~~181.56~~109.985 of the Revised Code. The ~~director~~	1945
superintendent and the assistant ~~director~~superintendent of the	1946
~~office~~bureau, and all professional and technical personnel	1947
employed within the ~~office~~bureau who are not public employees as	1948
defined in section 4117.01 of the Revised Code, shall be in the	1949
unclassified civil service, and all other persons employed within	1950
the ~~office~~bureau shall be in the classified civil service. The	1951
~~director~~superintendent may enter into any contracts, except	1952
contracts governed by Chapter 4117. of the Revised Code, that are	1953
necessary for the operation of the ~~office~~bureau.	1954

(B) Subject to division (E) of this section and subject to	1955
divisions (D) to (F) of section 5120.09 of the Revised Code	1956
insofar as those divisions relate to federal criminal justice acts	1957
that the governor requires the department of rehabilitation and	1958
correction to administer, the ~~office~~bureau of criminal justice	1959
services shall do all of the following:	1960

(1) Serve as the state criminal justice services agency and	1961
perform criminal justice system planning in the state, including	1962
any planning that is required by any federal law;	1963

(2) Collect, analyze, and correlate information and data	1964
concerning the criminal justice system in the state;	1965

(3) Cooperate with and provide technical assistance to state	1966
departments, administrative planning districts, metropolitan	1967
county criminal justice services agencies, criminal justice	1968
coordinating councils, agencies, offices, and departments of the	1969
criminal justice system in the state, and other appropriate	1970
organizations and persons;	1971

(4) Encourage and assist agencies, offices, and departments	1972
of the criminal justice system in the state and other appropriate	1973
organizations and persons to solve problems that relate to the	1974
duties of the ~~office~~bureau;	1975

(5) Administer within the state any federal criminal justice	1976
acts that the ~~governor~~attorney general requires it to administer;	1977

(6) Administer funds received under the "Family Violence	1978
Prevention and Services Act," 98 Stat. 1757 (1984), 42 U.S.C.A.	1979
10401, as amended, with all powers necessary for the adequate	1980
administration of those funds, including the authority to	1981
establish a family violence prevention and services program.	1982

(7) Implement the state comprehensive plans;

1983

(8) Audit grant activities of agencies, offices,	1984
organizations, and persons that are financed in whole or in part	1985
by funds granted through the ~~office~~bureau;	1986

(9) Monitor or evaluate the performance of criminal justice	1987
system projects and programs in the state that are financed in	1988
whole or in part by funds granted through the ~~office~~bureau;	1989

(10) Apply for, allocate, disburse, and account for grants	1990
that are made available pursuant to federal criminal justice acts,	1991
or made available from other federal, state, or private sources,	1992
to improve the criminal justice system in the state. All money	1993
from such federal grants shall, if the terms under which the money	1994
is received require that the money be deposited into an	1995
interest-bearing fund or account, be deposited in the state	1996
treasury to the credit of the federal program purposes fund, which	1997
is hereby created. All investment earnings of the fund shall be	1998
credited to the fund.	1999

(11) Contract with federal, state, and local agencies,	2000
foundations, corporations, businesses, and persons when necessary	2001
to carry out the duties of the ~~office~~bureau;	2002

(12) Oversee the activities of metropolitan county criminal	2003
justice services agencies, administrative planning districts, and	2004
criminal justice coordinating councils in the state;	2005

(13) Advise the general assembly and ~~governor~~attorney	2006
general on legislation and other significant matters that pertain	2007
to the improvement and reform of criminal and juvenile justice	2008
systems in the state;	2009

(14) Prepare and recommend legislation to the general	2010
assembly and ~~governor~~attorney general for the improvement of the	2011
criminal and juvenile justice systems in the state;	2012

(15) Assist, advise, and make any reports that are requested	2013
or required by the governor, attorney general, or general	2014
assembly;	2015

(16) Adopt rules pursuant to Chapter 119. of the Revised	2016
Code.	2017

(C) Upon the request of the ~~governor~~attorney general, the	2018
~~office~~bureau of criminal justice services may do any of the	2019
following:	2020

(1) Collect, analyze, or correlate information and data	2021
concerning the juvenile justice system in the state;	2022

(2) Cooperate with and provide technical assistance to state	2023
departments, administrative planning districts, metropolitan	2024
county criminal justice service agencies, criminal justice	2025
coordinating councils, agency offices, and the departments of the	2026
juvenile justice system in the state and other appropriate	2027
organizations and persons;	2028

(3) Encourage and assist agencies, offices, and departments	2029
of the juvenile justice system in the state and other appropriate	2030
organizations and persons to solve problems that relate to the	2031
duties of the ~~office~~bureau.	2032

(D) Divisions (B) and (C) of this section do not limit the	2033
discretion or authority of the attorney general with respect to	2034
crime victim assistance and criminal justice programs.	2035

(E) Nothing in this section is intended to diminish or alter	2036
the status of the office of the attorney general as a criminal	2037
justice services agency.	2038

~~Sec. 181.53.~~ Sec. 109.982. The ~~governor~~attorney general may	2039
appoint any advisory committees to assist the ~~office~~bureau of	2040
criminal justice services that hethe attorney general considers	2041
appropriate or that are required under any state or federal law.	2042

~~Sec. 181.54.~~ Sec. 109.983. (A) A county may enter into an	2043
agreement with the largest city within the county to establish a	2044
metropolitan county criminal justice services agency, if the	2045
population of the county exceeds five hundred thousand or the	2046
population of the city exceeds two hundred fifty thousand.	2047

(B) A metropolitan county criminal justice services agency	2048
shall do all of the following:	2049

(1) Accomplish criminal and juvenile justice systems planning	2050
within its services area;	2051

(2) Collect, analyze, and correlate information and data	2052
concerning the criminal and juvenile justice systems within its	2053
services area;	2054

(3) Cooperate with and provide technical assistance to all	2055
criminal and juvenile justice agencies and systems and other	2056
appropriate organizations and persons within its services area;	2057

(4) Encourage and assist agencies of the criminal and	2058
juvenile justice systems and other appropriate organizations and	2059
persons to solve problems that relate to its duties;	2060

(5) Administer within its services area any federal criminal	2061
justice acts or juvenile justice acts that the ~~office~~bureau of	2062
criminal justice services pursuant to section 5139.11 of the	2063
Revised Code or the department of youth services administers	2064
within the state;	2065

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

2066

(7) Monitor or evaluate, within its services area, the	2067
performance of the criminal and juvenile justice systems projects	2068
and programs that are financed in whole or in part by funds	2069
granted through it;	2070

(8) Apply for, allocate, and disburse grants that are made	2071
available pursuant to any federal criminal justice acts, or	2072
pursuant to any other federal, state, or private sources for the	2073
purpose of improving the criminal and juvenile justice systems;	2074

(9) Contract with federal, state, and local agencies,	2075
foundations, corporations, and other businesses or persons to	2076
carry out the duties of the agency.	2077

~~Sec. 181.55.~~ Sec. 109.984. (A)(1) When funds are available for	2078
criminal justice purposes pursuant to section ~~181.54~~109.983 of	2079
the Revised Code, the ~~office~~bureau of criminal justice services	2080
shall provide funds to metropolitan county criminal justice	2081
services agencies for the purpose of developing, coordinating,	2082
evaluating, and implementing comprehensive plans within their	2083
respective counties. The ~~office~~bureau of criminal justice	2084
services shall provide funds to an agency only if it complies with	2085
the conditions of division (B) of this section.	2086

(2) When funds are available for juvenile justice purposes	2087
pursuant to section ~~181.54~~109.983 of the Revised Code, the	2088
department of youth services shall provide funds to metropolitan	2089
county criminal justice services agencies for the purpose of	2090
developing, coordinating, evaluating, and implementing	2091
comprehensive plans within their respective counties. The	2092
department shall provide funds to an agency only if it complies	2093
with the conditions of division (B) of this section.	2094

(B) A metropolitan county criminal justice services agency	2095
shall do all of the following:	2096

(1) Submit, in a form that is acceptable to the ~~office~~bureau	2097
of criminal justice services or the department of youth services	2098
pursuant to section 5139.01 of the Revised Code, a comprehensive	2099
plan for the county;	2100

(2) Establish a metropolitan county criminal justice services	2101
supervisory board whose members shall include a majority of the	2102
local elected officials in the county and representatives from law	2103
enforcement agencies, courts, prosecuting authorities, public	2104
defender agencies, rehabilitation and correction agencies,	2105
community organizations, juvenile justice services agencies,	2106
professionals, and private citizens in the county, and that shall	2107
have the authority set forth in division (C) of this section;	2108

(3) Organize in the manner provided in sections 167.01 to	2109
167.03, 302.21 to 302.24, or 713.21 to 713.27 of the Revised Code,	2110
unless the board created pursuant to division (B)(2) of this	2111
section organizes pursuant to these sections.	2112

(C) A metropolitan county criminal justice services	2113
supervisory board shall do all of the following:	2114

(1) Exercise leadership in improving the quality of the	2115
criminal and juvenile justice systems in the county;	2116

(2) Review, approve, and maintain general oversight of the	2117
comprehensive plans for the county and the implementation of the	2118
plans;	2119

(3) Review and comment on the overall needs and	2120
accomplishments of the criminal and juvenile justice systems in	2121
the county;	2122

(4) Establish, as required to comply with this division, task	2123
forces, ad hoc committees, and other committees, whose members	2124
shall be appointed by the chairperson of the board;	2125

(5) Establish any rules that the board considers necessary	2126
and that are consistent with the federal criminal justice acts and	2127
section ~~181.52~~109.981 of the Revised Code.	2128

~~Sec. 181.56.~~ Sec. 109.985. (A) In counties in which a metropolitan	2129
county criminal justice services agency does not exist, the ~~office~~	2130
bureau of criminal justice services shall discharge the ~~office's~~	2131
bureau's duties that the ~~governor~~attorney general requires it to	2132
administer by establishing administrative planning districts for	2133
criminal justice programs. An administrative planning district	2134
shall contain a group of contiguous counties in which no county	2135
has a metropolitan county criminal justice services agency.	2136

(B) In counties in which a metropolitan county criminal	2137
justice services agency does not exist, the department of youth	2138
services shall discharge pursuant to section 5139.11 of the	2139
Revised Code the department's duty by establishing administrative	2140
planning districts for juvenile justice programs.	2141

(C) All administrative planning districts shall contain a	2142
group of contiguous counties in which no county has a metropolitan	2143
county criminal justice services agency.	2144

(D) Any county or any combination of contiguous counties	2145
within an administrative planning district may form a criminal	2146
justice coordinating council or a juvenile justice coordinating	2147
council for its respective programs, if the county or the group of	2148
counties has a total population in excess of two hundred fifty	2149
thousand. The council shall comply with the conditions set forth	2150
in divisions (B) and (C) of section ~~181.55~~109.984 of the Revised	2151
Code, and exercise within its jurisdiction the powers and duties	2152
set forth in division (B) of section ~~181.54~~109.983 of the Revised	2153
Code.	2154

Sec. 117.45. (A) The auditor of state shall draw warrants	2155
against the treasurer of state pursuant to all requests for	2156
payment that the director of budget and management has approved	2157
under section 126.07 of the Revised Code.	2158

(B) Unless the director of job and family services has	2159
provided for the making of payments by electronic benefit	2160
transfer, if a financial institution and account have been	2161
designated by the participant or recipient, payment by the auditor	2162
of state to a participant in the Ohio works first program pursuant	2163
to Chapter 5107. of the Revised Code or a recipient of disability	2164
financial assistance pursuant to Chapter 5115. of the Revised Code	2165
shall be made by direct deposit to the account of the participant	2166
or recipient in the financial institution. Payment by the auditor	2167
of state to a recipient of benefits distributed through the medium	2168
of electronic benefit transfer pursuant to section 5101.33 of the	2169
Revised Code shall be by electronic benefit transfer. Payment by	2170
the auditor of state as compensation to an employee of the state	2171
who has, pursuant to section 124.151 of the Revised Code,	2172
designated a financial institution and account for the direct	2173
deposit of such payments shall be made by direct deposit to the	2174
account of the employee. Payment to any other payee who has	2175
designated a financial institution and account for the direct	2176
deposit of such payment may be made by direct deposit to the	2177
account of the payee in the financial institution as provided in	2178
section 9.37 of the Revised Code. The auditor of state shall	2179
contract with an authorized financial institution for the services	2180
necessary to make direct deposits or electronic benefit transfers	2181
under this division and draw lump sum warrants payable to that	2182
institution in the amount to be transferred. Accounts maintained	2183
by the auditor of state or the auditor of state's agent in a	2184
financial institution for the purpose of effectuating payment by	2185
direct deposit or electronic benefit transfer shall be maintained	2186
in accordance with section 135.18 of the Revised Code.	2187

(C) All other payments from the state treasury shall be made	2188
by paper warrants or by direct deposit payable to the respective	2189
payees. The auditor of state may mail the paper warrants to the	2190
respective payees or distribute them through other state agencies,	2191
whichever the auditor of state determines to be the better	2192
procedure.	2193

(D) If the average per transaction cost the auditor of state	2194
incurs in making direct deposits for a state agency exceeds the	2195
average per transaction cost the auditor of state incurs in	2196
drawing paper warrants for all public offices during the same	2197
period of time, the auditor of state may certify the difference in	2198
cost and the number of direct deposits for the agency to the	2199
director of administrative services. The director shall reimburse	2200
the auditor of state for such additional costs and add the amount	2201
to the processing charge assessed upon the state agency.	2202

Sec. 121.04. Offices are created within the several	2203
departments as follows:	2204

In the department of commerce:

2205

		Commissioner of securities;		2206
		Superintendent of real estate and professional licensing;		2207
		Superintendent of financial institutions;		2208
		Fire marshal;		2209
		Superintendent of labor and worker safety;		2210
		Beginning on July 1, 1997,		2211
		Superintendent of liquor control;		2212
		Superintendent of industrial compliance.		2213

In the department of administrative services:

2214

		State architect and engineer;		2215
		Equal employment opportunity coordinator.		2216

In the department of agriculture:

2217

Chiefs of divisions as follows:

2218

		Administration;		2219
		Animal industry;		2220
		Dairy;		2221
		Food safety;		2222
		Plant industry;		2223
		Markets;		2224
		Meat inspection;		2225
		Consumer analytical laboratory;		2226
		Amusement ride safety;		2227
		Enforcement;		2228
		Weights and measures.		2229

In the department of natural resources:

2230

Chiefs of divisions as follows:

2231

		Water;		2232
		Mineral resources management;		2233
		Forestry;		2234
		Natural areas and preserves;		2235
		Wildlife;		2236
		Geological survey;		2237
		Parks and recreation;		2238
		Watercraft;		2239
		Recycling and litter prevention;		2240
		~~Civilian conservation;~~		2241
		Soil and water conservation;		2242
		Real estate and land management;		2243
		Engineering.		2244

In the department of insurance:

2245

		Deputy superintendent of insurance;		2246
		Assistant superintendent of insurance, technical;		2247
		Assistant superintendent of insurance, administrative;		2248
		Assistant superintendent of insurance, research.		2249

Sec. 121.084. (A) All moneys collected under sections	2250
~~1333.96,~~ 3783.05, 3791.07, 4104.07, 4104.18, ~~4104.42,~~ 4104.44,	2251
~~4104.45,~~ 4105.17, 4105.20, 4169.03, 4171.04, and 5104.051 of the	2252
Revised Code, and any other moneys collected by the division of	2253
industrial compliance shall be paid into the state treasury to the	2254
credit of the industrial compliance operating fund, which is	2255
hereby created. The department of commerce shall use the moneys in	2256
the fund for paying the operating expenses of the division and the	2257
administrative assessment described in division (B) of this	2258
section.	2259

(B) The director of commerce, with the approval of the	2260
director of budget and management, shall prescribe procedures for	2261
assessing the industrial compliance operating fund a proportionate	2262
share of the administrative costs of the department of commerce.	2263
The assessment shall be made in accordance with those procedures	2264
and be paid from the industrial compliance operating fund to the	2265
division of administration fund created in section 121.08 of the	2266
Revised Code.	2267

Sec. 121.62. (A) Each executive agency lobbyist and each	2268
employer shall file with the joint legislative ethics committee,	2269
within ten days following the engagement of an executive agency	2270
lobbyist, an initial registration statement showing all of the	2271
following:	2272

(1) The name, business address, and occupation of the	2273
executive agency lobbyist;	2274

(2) The name and business address of the employer or of the	2275
real party in interest on whose behalf the executive agency	2276
lobbyist is acting, if it is different from the employer. For the	2277
purposes of division (A) of this section, where a trade	2278
association or other charitable or fraternal organization that is	2279
exempt from federal income taxation under subsection 501(c) of the	2280
federal Internal Revenue Code is the employer, the statement need	2281
not list the names and addresses of every member of the	2282
association or organization, so long as the association or	2283
organization itself is listed.	2284

(3) A brief description of the executive agency decision to	2285
which the engagement relates;	2286

(4) The name of the executive agency or agencies to which the	2287
engagement relates.	2288

(B) In addition to the initial registration statement	2289
required by division (A) of this section, each executive agency	2290
lobbyist and employer shall file with the joint committee, not	2291
later than the last day of January, May, and September of each	2292
year, an updated registration statement that confirms the	2293
continuing existence of each engagement described in an initial	2294
registration statement and that lists the specific executive	2295
agency decisions that the lobbyist sought to influence under the	2296
engagement during the period covered by the updated statement, and	2297
with it any statement of expenditures required to be filed by	2298
section 121.63 of the Revised Code and any details of financial	2299
transactions required to be filed by section 121.64 of the Revised	2300
Code.	2301

(C) If an executive agency lobbyist is engaged by more than	2302
one employer, the lobbyist shall file a separate initial and	2303
updated registration statement for each engagement. If an employer	2304
engages more than one executive agency lobbyist, the employer need	2305
file only one updated registration statement under division (B) of	2306
this section, which shall contain the information required by	2307
division (B) of this section regarding all of the executive agency	2308
lobbyists engaged by the employer.	2309

(D)(1) A change in any information required by division	2310
(A)(1), (2), or (B) of this section shall be reflected in the next	2311
updated registration statement filed under division (B) of this	2312
section.	2313

(2) Within thirty days following the termination of an	2314
engagement, the executive agency lobbyist who was employed under	2315
the engagement shall send written notification of the termination	2316
to the joint committee.	2317

(E) A registration fee of ~~ten~~twenty-five dollars shall be	2318
charged for filing an initial registration statement. All money	2319
collected from this fee shall be deposited into the ~~state treasury~~	2320
~~to the credit of the joint legislative ethics committee fund~~	2321
~~created under section 101.34 of the Revised Code~~general revenue	2322
fund of the state.	2323

(F) Upon registration pursuant to this section, an executive	2324
agency lobbyist shall be issued a card by the joint committee	2325
showing that the lobbyist is registered. The registration card and	2326
the executive agency lobbyist's registration shall be valid from	2327
the date of their issuance until the thirty-first day of January	2328
of the year following the year in which the initial registration	2329
was filed.	2330

(G) The executive director of the joint committee shall be	2331
responsible for reviewing each registration statement filed with	2332
the joint committee under this section and for determining whether	2333
the statement contains all of the required information. If the	2334
joint committee determines that the registration statement does	2335
not contain all of the required information or that an executive	2336
agency lobbyist or employer has failed to file a registration	2337
statement, the joint committee shall send written notification by	2338
certified mail to the person who filed the registration statement	2339
regarding the deficiency in the statement or to the person who	2340
failed to file the registration statement regarding the failure.	2341
Any person so notified by the joint committee shall, not later	2342
than fifteen days after receiving the notice, file a registration	2343
statement or an amended registration statement that contains all	2344
of the required information. If any person who receives a notice	2345
under this division fails to file a registration statement or such	2346
an amended registration statement within this fifteen-day period,	2347
the joint committee shall notify the attorney general, who may	2348
take appropriate action as authorized by section 121.69 of the	2349
Revised Code.	2350

If the joint committee notifies the attorney general pursuant	2351
to this division, the joint committee shall also notify each	2352
elected executive official and the director of each department	2353
created under section 121.02 of the Revised Code of the pending	2354
investigation.	2355

(H) On or before the fifteenth day of March of each year, the	2356
joint committee shall, in the manner and form that it determines,	2357
publish a report containing statistical information on the	2358
registration statements filed with it under this section during	2359
the preceding year.	2360

(I) If an employer who engages an executive agency lobbyist	2361
is the recipient of a contract, grant, lease, or other financial	2362
arrangement pursuant to which funds of the state or of an	2363
executive agency are distributed or allocated, the executive	2364
agency or any aggrieved party may consider the failure of the	2365
employer or the executive agency lobbyist to comply with this	2366
section as a breach of a material condition of the contract,	2367
grant, lease, or other financial arrangement.	2368

(J) Executive agency officials may require certification from	2369
any person seeking the award of a contract, grant, lease, or	2370
financial arrangement that the person and ~~his~~the person's	2371
employer are in compliance with this section.	2372

Sec. 122.011. (A) The department of development shall	2373
develop and promote plans and programs designed to assure that	2374
state resources are efficiently used, economic growth is properly	2375
balanced, community growth is developed in an orderly manner, and	2376
local governments are coordinated with each other and the state,	2377
and for such purposes may do all of the following:	2378

(1) Serve as a clearinghouse for information, data, and other	2379
materials that may be helpful or necessary to persons or local	2380
governments, as provided in section 122.07 of the Revised Code;	2381

(2) Prepare and activate plans for the retention,	2382
development, expansion, and use of the resources and commerce of	2383
the state, as provided in section 122.04 of the Revised Code;	2384

(3) Assist and cooperate with federal, state, and local	2385
governments and agencies of federal, state, and local governments	2386
in the coordination of programs to carry out the functions and	2387
duties of the department;	2388

(4) Encourage and foster research and development activities,	2389
conduct studies related to the solution of community problems, and	2390
develop recommendations for administrative or legislative actions,	2391
as provided in section 122.03 of the Revised Code;	2392

(5) Serve as the economic and community development planning	2393
agency, which shall prepare and recommend plans and programs for	2394
the orderly growth and development of this state and which shall	2395
provide planning assistance, as provided in section 122.06 of the	2396
Revised Code;	2397

(6) Cooperate with and provide technical assistance to state	2398
departments, political subdivisions, regional and local planning	2399
commissions, tourist associations, councils of government,	2400
community development groups, community action agencies, and other	2401
appropriate organizations for carrying out the functions and	2402
duties of the department or for the solution of community	2403
problems;	2404

(7) Coordinate the activities of state agencies that have an	2405
impact on carrying out the functions and duties of the department;	2406

(8) Encourage and assist the efforts of and cooperate with	2407
local governments to develop mutual and cooperative solutions to	2408
their common problems that relate to carrying out the purposes of	2409
this section;	2410

(9) Study existing structure, operations, and financing of	2411
regional or local government and those state activities that	2412
involve significant relations with regional or local governmental	2413
units, recommend to the governor and to the general assembly such	2414
changes in these provisions and activities as will improve the	2415
operations of regional or local government, and conduct other	2416
studies of legal provisions that affect problems related to	2417
carrying out the purposes of this section;	2418

(10) Appoint, with the approval of the governor, technical	2419
and other advisory councils as it considers appropriate, as	2420
provided in section 122.09 of the Revised Code;	2421

(11) Create and operate a division of community development	2422
to develop and administer programs and activities that are	2423
authorized by federal statute or the Revised Code;	2424

(12) Until ~~July 1, 2003~~October 15, 2005, establish fees and	2425
charges, in consultation with the director of agriculture, for	2426
purchasing loans from financial institutions and providing loan	2427
guarantees under the family farm loan program created under	2428
sections 901.80 to 901.83 of the Revised Code;	2429

(13) Provide loan servicing for the loans purchased and loan	2430
guarantees provided under section 901.80 of the Revised Code as	2431
that section existed prior to ~~July 1, 2003~~October 15, 2005;	2432

(14) Until ~~July 1, 2003~~October 15, 2005, and upon approval	2433
by the controlling board under division (A)(3) of section 901.82	2434
of the Revised Code of the release of money to be used for	2435
purchasing a loan or providing a loan guarantee, request the	2436
release of that money in accordance with division (B) of section	2437
166.03 of the Revised Code for use for the purposes of the fund	2438
created by section 166.031 of the Revised Code.	2439

(B) The director of development may request the attorney	2440
general to, and the attorney general, in accordance with section	2441
109.02 of the Revised Code, shall bring a civil action in any	2442
court of competent jurisdiction. The director may be sued in the	2443
director's official capacity, in connection with this chapter, in	2444
accordance with Chapter 2743. of the Revised Code.	2445

Sec. 122.04. The department of development shall do the	2446
following:	2447

(A) Maintain a continuing evaluation of the sources available	2448
for the retention, development, or expansion of industrial and	2449
commercial facilities in this state through both public and	2450
private agencies;	2451

(B) Assist public and private agencies in obtaining	2452
information necessary to evaluate the desirability of the	2453
retention, construction, or expansion of industrial and commercial	2454
facilities in the state;	2455

(C) Facilitate contracts between community improvement	2456
corporations organized under Chapter 1724. of the Revised Code or	2457
Ohio development corporations organized under Chapter 1726. of the	2458
Revised Code and industrial and commercial concerns seeking to	2459
locate or expand in ~~Ohio~~the state;	2460

(D) Upon request, consult with public agencies or authorities	2461
in the preparation of studies of human and economic needs or	2462
advantages relating to economic and community development;	2463

(E) Encourage, promote, and assist trade and commerce between	2464
this state and foreign nations;	2465

(F) Promote and encourage persons to visit and travel within	2466
this state;	2467

(G) Maintain membership in the national association of state	2468
development agencies;	2469

(H) Assist in the development of facilities and technologies	2470
that will lead to increased, environmentally sound use of Ohio	2471
coal;	2472

(I) Promote economic growth in the state.

2473

Sec. 122.08. (A) There is hereby created within the	2474
department of development an office to be known as the office of	2475
small business. The office shall be under the supervision of a	2476
manager appointed by the director of development.	2477

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

2478

(1) Act as liaison between the small business community and	2479
state governmental agencies;	2480

(2) Furnish information and technical assistance to persons	2481
and small businesses concerning the establishment and maintenance	2482
of a small business, and concerning state laws and rules relevant	2483
to the operation of a small business. In conjunction with these	2484
duties, the office shall keep a record of all state agency rules	2485
affecting individuals, small businesses, or small organizations,	2486
as defined in section 121.24 of the Revised Code, and may testify	2487
before the joint committee on agency rule review concerning any	2488
proposed rule affecting individuals, small businesses, or small	2489
organizations.	2490

(3) Prepare and publish the small business register under	2491
section 122.081 of the Revised Code;	2492

(4) Receive complaints from small businesses concerning	2493
governmental activity, compile and analyze those complaints, and	2494
periodically make recommendations to the governor and the general	2495
assembly on changes in state laws or agency rules needed to	2496
eliminate burdensome and unproductive governmental regulation to	2497
improve the economic climate within which small businesses	2498
operate;	2499

(5) Receive complaints or questions from small businesses and	2500
direct ~~such~~those businesses to the appropriate governmental	2501
agency. If, within a reasonable period of time, a complaint is not	2502
satisfactorily resolved or a question is not satisfactorily	2503
answered, the office shall, on behalf of the small business, make	2504
every effort to secure a satisfactory result. For this purpose,	2505
the office may consult with any state governmental agency and may	2506
make any suggestion or request that seems appropriate.	2507

(6) Utilize, to the maximum extent possible, the printed and	2508
electronic media to disseminate information of current concern and	2509
interest to the small business community and to make known to	2510
small businesses the services available through the office. The	2511
office shall publish such books, pamphlets, and other printed	2512
materials, and shall participate in such trade association	2513
meetings, conventions, fairs, and other meetings involving the	2514
small business community, as the manager considers appropriate.	2515

(7) Prepare for inclusion in the department of development's	2516
annual report to the governor and general assembly, a description	2517
of the activities of the office and a report of the number of	2518
rules affecting individuals, small businesses, and small	2519
organizations that were filed with the office under division	2520
(B)(2) of section 121.24 of the Revised Code, during the preceding	2521
calendar year;	2522

(8) Operate the Ohio ~~one-stop business permit center~~	2523
first-stop business connection to assist individuals in	2524
identifying and preparing applications for business licenses,	2525
permits, and certificates and to serve as the central public	2526
distributor for all forms, applications, and other information	2527
related to business licensing. Each state agency, board, and	2528
commission shall cooperate in providing assistance, information,	2529
and materials to enable the ~~center~~connection to perform its	2530
duties under this division ~~(B)(8) of this section~~.	2531

(C) The office ~~of small business~~ may, upon the request of a	2532
state agency, assist the agency with the preparation of any rule	2533
that will affect individuals, small businesses, or small	2534
organizations.	2535

(D) The director of development shall assign ~~such~~ employees	2536
and furnish ~~such~~ equipment and supplies to the office as the	2537
director considers necessary for the proper performance of the	2538
duties assigned to the office.	2539

Sec. 122.25. (A) In administering the program established	2540
under section 122.24 of the Revised Code, the director of	2541
development shall do all of the following:	2542

(1) Annually designate, by the first day of January of each	2543
year, the entities that constitute the eligible areas in this	2544
state as defined in section 122.23 of the Revised Code;	2545

(2) Inform local governments and others in the state of the	2546
availability of the program and financial assistance established	2547
under sections 122.23 to 122.27 of the Revised Code;	2548

(3) Report to the governor, president of the senate, speaker	2549
of the house of representatives, and minority leaders of the	2550
senate and the house of representatives by the thirtieth day of	2551
June of each year on the activities carried out under the program	2552
during the preceding calendar year. The report shall include the	2553
number of loans made that year and the amount and recipient of	2554
each loan.	2555

(4) Work in conjunction with conventional lending	2556
institutions, local revolving loan funds, private investors, and	2557
other private and public financing sources to provide loans or	2558
loan guarantees to eligible applicants;	2559

(5) Establish fees, charges, interest rates, payment	2560
schedules, local match requirements, and other terms and	2561
conditions for loans and loan guarantees provided under the loan	2562
program created by section 122.24 of the Revised Code;	2563

(6) Require each applicant to demonstrate the suitability of	2564
any site for the assistance sought; that the site has been	2565
surveyed, has adequate or available utilities, and that there are	2566
no zoning restrictions, environmental regulations, or other	2567
matters impairing the use of the site for the purpose intended;	2568

(7) Require each applicant to provide a marketing plan and	2569
management strategy for the project;	2570

(8) Adopt rules in accordance with Chapter 119. of the	2571
Revised Code establishing all of the following:	2572

(a) Forms and procedures by which eligible applicants may	2573
apply for assistance;	2574

(b) Criteria for reviewing, evaluating, and ranking	2575
applications, and for approving applications that best serve the	2576
goals of the program;	2577

2578

(d) Guidelines regarding situations in which industrial parks	2579
would be considered to compete against one another for the	2580
purposes of division (B)(2) of section 122.27 of the Revised Code;	2581

(e) Any other rules necessary to implement and administer the	2582
program created by section 122.24 of the Revised Code.	2583

(B) The director may adopt rules in accordance with Chapter	2584
119. of the Revised Code establishing requirements governing the	2585
use of any industrial park site receiving assistance under section	2586
122.24 of the Revised Code, such that a certain portion of the	2587
site must be used for manufacturing, distribution, high	2588
technology, research and development, or other businesses wherein	2589
a majority of the product or service produced is exported out of	2590
the state.	2591

(C) As a condition to receiving assistance under section	2592
122.24 of the Revised Code, and except as provided in division (D)	2593
of this section, an applicant must agree, for a period of five	2594
years, not to permit the use of a site that is developed or	2595
improved with such assistance to cause the relocation of jobs to	2596
that site from elsewhere in Ohio.	2597

(D) A site developed or improved with assistance under	2598
section 122.24 of the Revised Code may be the site of jobs	2599
relocated from elsewhere in Ohio if the director of development	2600
does all of the following:	2601

(1) Makes a written determination that the site from which	2602
the jobs would be relocated is inadequate to meet market or	2603
industry conditions, expansion plans, consolidation plans, or	2604
other business considerations affecting the relocating employer;	2605

(2) Provides a copy of the determination required by division	2606
(D)(1) of this section to the members of the general assembly	2607
whose legislative districts include the site from which the jobs	2608
would be relocated~~, and to the joint legislative committee on tax~~	2609
~~incentives~~;	2610

(3) Determines that the governing body of the area from which	2611
the jobs would be relocated has been notified in writing by the	2612
relocating company of the possible relocation.	2613

(E) The director of development must obtain the approval of	2614
the controlling board for any loan or loan guarantee provided	2615
under sections 122.23 to 122.27 of the Revised Code.	2616

Sec. 122.651. (A) There is hereby created the clean Ohio	2617
council consisting of the director of development or the	2618
director's designee, the director of environmental protection or	2619
the director's designee, the lieutenant governor or the lieutenant	2620
governor's designee, the director of the Ohio public works	2621
commission as a nonvoting, ex officio member, one member of the	2622
majority party of the senate and one member of the minority party	2623
of the senate to be appointed by the president of the senate, one	2624
member of the majority party of the house of representatives and	2625
one member of the minority party of the house of representatives	2626
to be appointed by the speaker of the house of representatives,	2627
and seven members to be appointed by the governor with the advice	2628
and consent of the senate. Of the members appointed by the	2629
governor, one shall represent the interests of counties, one shall	2630
represent the interests of townships, one shall represent the	2631
interests of municipal corporations, two shall represent the	2632
interests of business and development, and two shall represent	2633
statewide environmental advocacy organizations. The members	2634
appointed by the governor shall reflect the demographic and	2635
economic diversity of the population of the state. Additionally,	2636
the governor's appointments shall represent all areas of the	2637
state. All appointments to the council shall be made not later	2638
than one hundred twenty days after July 26, 2001.	2639

(B) The members appointed by the president of the senate and	2640
speaker of the house of representatives shall serve at the	2641
pleasure of their appointing authorities. Of the initial members	2642
appointed by the governor to the clean Ohio council, four shall be	2643
appointed for two years and three shall be appointed for one year.	2644
Thereafter, terms of office for members appointed by the governor	2645
shall be for two years, with each term ending on the same day of	2646
the same month as did the term that it succeeds. Each of those	2647
members shall hold office from the date of appointment until the	2648
end of the term for which the member is appointed.	2649

Members may be reappointed. Vacancies shall be filled in the	2650
same manner as provided for original appointments. Any member	2651
appointed to fill a vacancy occurring prior to the expiration date	2652
of the term for which the member was appointed shall hold office	2653
for the remainder of that term. A member shall continue in office	2654
after the expiration date of the member's term until the member's	2655
successor takes office or until a period of sixty days has	2656
elapsed, whichever occurs first. The governor may remove a member	2657
appointed by the governor for misfeasance, nonfeasance, or	2658
malfeasance in office.	2659

(C) The ~~director of development~~governor shall appoint a	2660
member of the clean Ohio council to serve as the chairperson of	2661
the ~~clean Ohio~~ council. The director of development shall serve as	2662
the vice-chairperson of the council unless appointed chairperson.	2663
If the director is appointed chairperson, the council annually	2664
shall select from among its members a vice-chairperson to serve	2665
while the director is chairperson. The council annually shall	2666
select from among its members ~~a vice-chairperson and~~ a secretary	2667
to keep a record of its proceedings. A majority vote of a quorum	2668
of the members of the council is necessary to take action on any	2669
matter. The council may adopt bylaws governing its operation,	2670
including bylaws that establish the frequency of meetings,	2671
procedures for reviewing eligible projects under sections 122.65	2672
to 122.658 of the Revised Code and policies and requirements	2673
established under section 122.657 of the Revised Code, and other	2674
necessary procedures.	2675

(D) Members of the clean Ohio council shall be deemed to be	2676
public officials or officers only for the purposes of section 9.86	2677
and Chapters 102. and 2921. of the Revised Code. Serving as a	2678
member of the clean Ohio council does not constitute holding a	2679
public office or position of employment so as to constitute	2680
grounds for removal of public officers or employees serving as	2681
members of the council from their offices or positions of	2682
employment. Members of the council shall file with the Ohio ethics	2683
commission the disclosure statement described in division (A) of	2684
section 102.02 of the Revised Code on the form prescribed by the	2685
commission and be subject to divisions (C) and (D) of that	2686
section. Members of the council shall serve without compensation	2687
for attending council meetings, but shall receive their actual and	2688
necessary traveling and other expenses incurred in the performance	2689
of their official duties in accordance with the rules of the	2690
office of budget and management.	2691

(E) Members appointed by the governor to represent the	2692
interests of counties, townships, and municipal corporations do	2693
not have a conflict of interest by virtue of their service in the	2694
position. For the purposes of this division, "conflict of	2695
interest" means the taking of any action as a member of the	2696
council that affects a public agency the person serves as an	2697
officer or employee.	2698

(F) The department of development shall provide office space	2699
for the council. The council shall be assisted in its duties by	2700
the staff of the department of development and the environmental	2701
protection agency.	2702

(G) Sections 101.82 to 101.87 of the Revised Code do not	2703
apply to the clean Ohio council.	2704

Sec. 122.658. (A) The clean Ohio revitalization fund is	2705
hereby created in the state treasury. The fund shall consist of	2706
moneys credited to it pursuant to section 151.40 of the Revised	2707
Code. Moneys in the fund shall be used to make grants or loans for	2708
projects that have been approved by the clean Ohio council in	2709
accordance with section 122.653 of the Revised Code, except that	2710
the council annually shall devote twenty per cent of the net	2711
proceeds of obligations deposited in the clean Ohio revitalization	2712
fund for the purposes of section 122.656 of the Revised Code.	2713

Moneys in the clean Ohio revitalization fund may be used to	2714
pay reasonable costs incurred by the department of development and	2715
the environmental protection agency in administering sections	2716
122.65 to 122.658 of the Revised Code. All investment earnings of	2717
the fund shall be credited to the fund. ~~For two years after July~~	2718
~~26, 2001, investment~~Investment earnings credited to the clean	2719
Ohio revitalization fund may be used to pay costs incurred by the	2720
department of development and the environmental protection agency	2721
pursuant to sections 122.65 to 122.658 of the Revised Code.	2722

The department of development shall administer the clean Ohio	2723
revitalization fund in accordance with this section, policies and	2724
requirements established under section 122.657 of the Revised	2725
Code, and the terms of agreements entered into by the council	2726
under section 122.653 of the Revised Code.	2727

(B) Grants awarded and loans made under section 122.653 of	2728
the Revised Code shall provide not more than seventy-five per cent	2729
of the estimated total cost of a project. A grant or loan to any	2730
one project shall not exceed three million dollars. An applicant	2731
shall provide at least twenty-five per cent of the estimated total	2732
cost of a project. The applicant's share may consist of one or a	2733
combination of any of the following:	2734

(1) Payment of the cost of acquiring the property for the	2735
purposes of sections 122.65 to 122.658 of the Revised Code;	2736

(2) Payment of the reasonable cost of an assessment at the	2737
property;	2738

(3) The reasonable value, as determined by the council, of	2739
labor and materials that will be contributed by the applicant in	2740
performing the cleanup or remediation;	2741

(4) Moneys received by the applicant in any form for use in	2742
performing the cleanup or remediation;	2743

(5) Loans secured by the applicant for the purpose of the	2744
cleanup or remediation of the brownfield.	2745

Costs that were incurred more than two years prior to the	2746
submission of an application to the clean Ohio council for the	2747
acquisition of property, assessments, and labor and materials	2748
shall not be used as part of the applicant's matching share.	2749

(C) The department of development shall not make any payment	2750
to an applicant from the clean Ohio revitalization fund to pay	2751
costs of the applicant that were not included in an application	2752
for a grant or loan under section 122.653 of the Revised Code or	2753
that exceed the amount of the estimated total cost of the project	2754
included in the application. If, upon completion of a project, the	2755
costs of the project are less than the amounts included in the	2756
application, the amounts included in the application less the	2757
amounts of the actual costs of the project shall be credited to	2758
the clean Ohio revitalization fund. However, the amounts credited	2759
shall be equivalent in percentage to the percentage of the costs	2760
of the project that were to be funded by the grant or loan from	2761
the fund.	2762

(D) Grants awarded or loans made under section 122.653 of the	2763
Revised Code from the clean Ohio revitalization fund shall be used	2764
by an applicant only to pay the costs of the actual cleanup or	2765
remediation of a brownfield and shall not be used by an applicant	2766
to pay any administrative costs incurred by the applicant. Costs	2767
related to the use of a certified professional for purposes of	2768
section 122.654 of the Revised Code are not administrative costs	2769
and may be paid with moneys from grants awarded or loans made	2770
under section 122.653 of the Revised Code.	2771

(E) The portion of net proceeds of obligations devoted under	2772
division (A) of this section for the purposes of section 122.656	2773
of the Revised Code shall be used to make grants for assessments,	2774
cleanup or remediation of brownfields, and public health projects	2775
that have been approved by the director of development under that	2776
section. The department of development shall administer section	2777
122.656 of the Revised Code in accordance with this section,	2778
policies and requirements established under section 122.657 of the	2779
Revised Code, and the terms of agreements entered into by the	2780
director under section 122.656 of the Revised Code. The director	2781
shall not grant more than twenty-five million dollars for public	2782
health projects under section 122.656 of the Revised Code.	2783

(F) Grants awarded under section 122.656 of the Revised Code	2784
shall be used by an applicant only to pay the costs of actually	2785
conducting an assessment, a cleanup or remediation of a	2786
brownfield, or a public health project and shall not be used by an	2787
applicant to pay any administrative costs incurred by the	2788
applicant. Costs related to the use of a certified professional	2789
for purposes of section 122.654 of the Revised Code are not	2790
administrative costs and may be paid with moneys from grants	2791
awarded under section 122.656 of the Revised Code.	2792

(G)(1) The clean Ohio revitalization revolving loan fund is	2793
hereby created in the state treasury. Payments of principal and	2794
interest on loans made from the clean Ohio revitalization fund	2795
shall be credited to this revolving loan fund, as shall payments	2796
of principal and interest on loans made from the revolving loan	2797
fund itself. The revolving loan fund's investment earnings shall	2798
be credited to it.	2799

(2) The clean Ohio revitalization revolving loan fund shall	2800
be used to make loans for the same purposes and subject to the	2801
same policies, requirements, criteria, and application procedures	2802
as loans made from the clean Ohio revitalization fund.	2803

Sec. 122.87. As used in sections 122.87 to ~~122.89~~122.90 of	2804
the Revised Code:	2805

(A) "Surety company" means a company that is authorized by	2806
the department of insurance to issue bonds as surety.	2807

(B) "Minority business" means any of the following	2808
occupations:	2809

(1) Minority construction contractor;

2810

(2) Minority seller;

2811

(3) Minority service vendor.

2812

(C) "Minority construction contractor" means a person who is	2813
both a construction contractor and an owner of a minority business	2814
enterprise certified under division (B) of section 123.151 of the	2815
Revised Code.	2816

(D) "Minority seller" means a person who is both a seller of	2817
goods and an owner of a minority business enterprise listed on the	2818
special minority business enterprise bid notification list under	2819
division (B) of section 125.08 of the Revised Code.	2820

(E) "Minority service vendor" means a person who is both a	2821
vendor of services and an owner of a minority business enterprise	2822
listed on the special minority business enterprise bid	2823
notification list under division (B) of section 125.08 of the	2824
Revised Code.	2825

(F) "Minority business enterprise" has the meaning given in	2826
section 122.71 of the Revised Code.	2827

(G) "EDGE business enterprise" means a sole proprietorship,	2828
association, partnership, corporation, limited liability	2829
corporation, or joint venture certified as a participant in the	2830
encouraging diversity, growth, and equity program by the director	2831
of administrative services under section 123.152 of the Revised	2832
Code.	2833

Sec. 122.88. (A) There is hereby created in the state	2834
treasury the minority business bonding fund, consisting of moneys	2835
deposited or credited to it pursuant to section 169.05 of the	2836
Revised Code; all grants, gifts, and contributions received	2837
pursuant to division (B)(9) of section 122.74 of the Revised Code;	2838
all moneys recovered following defaults; and any other moneys	2839
obtained by the director of development for the purposes of	2840
sections 122.87 to ~~122.89~~122.90 of the Revised Code. The fund	2841
shall be administered by the director. Moneys in the fund shall be	2842
held in trust for the purposes of sections 122.87 to ~~122.89~~122.90	2843
of the Revised Code.	2844

(B) Any claims against the state arising from defaults shall	2845
be payable from the minority business bonding program	2846
administrative and loss reserve fund as provided in division (C)	2847
of this section or from the minority business bonding fund.	2848
Nothing in sections 122.87 to ~~122.89~~122.90 of the Revised Code	2849
grants or pledges to any obligee or other person any state moneys	2850
other than the moneys in the minority business bonding program	2851
administrative and loss reserve fund or the minority business	2852
bonding fund, or moneys available to the minority business bonding	2853
fund upon request of the director in accordance with division (B)	2854
of section 169.05 of the Revised Code.	2855

(C) There is hereby created in the state treasury the	2856
minority business bonding program administrative and loss reserve	2857
fund, consisting of all premiums charged and collected in	2858
accordance with section 122.89 of the Revised Code and any	2859
interest income earned from the moneys in the minority business	2860
bonding fund. All expenses of the director and the minority	2861
development financing advisory board in carrying out the purposes	2862
of sections 122.87 to ~~122.89~~122.90 of the Revised Code shall be	2863
paid from the minority business bonding program administrative and	2864
loss reserve fund.	2865

Any moneys to the credit of the minority business bonding	2866
program administrative and loss reserve fund in excess of the	2867
amount necessary to fund the appropriation authority for the	2868
minority business bonding program administrative and loss reserve	2869
fund shall be held as a loss reserve to pay claims arising from	2870
defaults on surety bonds underwritten in accordance with section	2871
122.89 of the Revised Code or guaranteed in accordance with	2872
section 122.90 of the Revised Code. If the balance of funds in the	2873
minority business bonding program administrative and loss reserve	2874
fund is insufficient to pay a claim against the state arising from	2875
default, then such claim shall be payable from the minority	2876
business bonding fund.	2877

Sec. 122.90. (A) The director of development may guarantee	2878
bonds executed by sureties for minority businesses and EDGE	2879
business enterprises certified under section 123.152 of the	2880
Revised Code as principals on contracts with the state, any	2881
political subdivision or instrumentality, or any person as the	2882
obligee. The director, as guarantor, may exercise all the rights	2883
and powers of a company authorized by the department of insurance	2884
to guarantee bonds under Chapter 3929. of the Revised Code but	2885
otherwise is not subject to any laws related to a guaranty company	2886
under Title XXXIX of the Revised Code nor to any rules of the	2887
department of insurance.	2888

(B) The director shall adopt rules under Chapter 119. of the	2889
Revised Code to establish procedures for the application for bond	2890
guarantees and the review and approval of applications for bond	2891
guarantees submitted by sureties that execute bonds eligible for	2892
guarantees under division (A) of this section.	2893

(C) In accordance with rules adopted pursuant to this	2894
section, the director may guarantee up to ninety per cent of the	2895
loss incurred and paid by sureties on bonds guaranteed under	2896
division (A) of this section.	2897

(D) The penal sum amounts of all outstanding guarantees made	2898
by the director under this section shall not exceed three times	2899
the difference between the amount of moneys in the minority	2900
business bonding fund and available to the fund under division (B)	2901
of section 169.05 of the Revised Code and the amount of all	2902
outstanding bonds issued by the director in accordance with	2903
division (A) of section 122.89 of the Revised Code.	2904

Sec. 123.01. (A) The department of administrative services,	2905
in addition to those powers enumerated in Chapters 124. and 125.	2906
of the Revised Code, and as provided elsewhere by law, shall	2907
exercise the following powers:	2908

(1) To prepare, or contract to be prepared, by licensed	2909
engineers or architects, surveys, general and detailed plans,	2910
specifications, bills of materials, and estimates of cost for any	2911
projects, improvements, or public buildings to be constructed by	2912
state agencies that may be authorized by legislative	2913
appropriations or any other funds made available therefor,	2914
provided that the construction of the projects, improvements, or	2915
public buildings is a statutory duty of the department. This	2916
section does not require the independent employment of an	2917
architect or engineer as provided by section 153.01 of the Revised	2918
Code in the cases to which that section applies nor affect or	2919
alter the existing powers of the director of transportation.	2920

(2) To have general supervision over the construction of any	2921
projects, improvements, or public buildings constructed for a	2922
state agency and over the inspection of materials previous to	2923
their incorporation into those projects, improvements, or	2924
buildings;	2925

(3) To make contracts for and supervise the construction of	2926
any projects and improvements or the construction and repair of	2927
buildings under the control of a state agency, except contracts	2928
for the repair of buildings under the management and control of	2929
the departments of public safety, job and family services, mental	2930
health, mental retardation and developmental disabilities,	2931
rehabilitation and correction, and youth services, the bureau of	2932
workers' compensation, the rehabilitation services commission, and	2933
boards of trustees of educational and benevolent institutions.	2934
These contracts shall be made and entered into by the directors of	2935
public safety, job and family services, mental health, mental	2936
retardation and developmental disabilities, rehabilitation and	2937
correction, and youth services, the administrator of workers'	2938
compensation, the rehabilitation services commission, and the	2939
boards of trustees of such institutions, respectively. All such	2940
contracts may be in whole or in part on unit price basis of	2941
maximum estimated cost, with payment computed and made upon actual	2942
quantities or units.	2943

(4) To prepare and suggest comprehensive plans for the	2944
development of grounds and buildings under the control of a state	2945
agency;	2946

(5) To acquire, by purchase, gift, devise, lease, or grant,	2947
all real estate required by a state agency, in the exercise of	2948
which power the department may exercise the power of eminent	2949
domain, in the manner provided by sections 163.01 to 163.22 of the	2950
Revised Code;	2951

(6) To make and provide all plans, specifications, and models	2952
for the construction and perfection of all systems of sewerage,	2953
drainage, and plumbing for the state in connection with buildings	2954
and grounds under the control of a state agency;	2955

(7) To erect, supervise, and maintain all public monuments	2956
and memorials erected by the state, except where the supervision	2957
and maintenance is otherwise provided by law;	2958

(8) To procure, by lease, storage accommodations for a state	2959
agency;	2960

(9) To lease or grant easements or licenses for unproductive	2961
and unused lands or other property under the control of a state	2962
agency. Such leases, easements, or licenses shall be granted for a	2963
period not to exceed fifteen years and shall be executed for the	2964
state by the director of administrative services and the governor	2965
and shall be approved as to form by the attorney general, provided	2966
that leases, easements, or licenses may be granted to any county,	2967
township, municipal corporation, port authority, water or sewer	2968
district, school district, library district, health district, park	2969
district, soil and water conservation district, conservancy	2970
district, or other political subdivision or taxing district, or	2971
any agency of the United States government, for the exclusive use	2972
of that agency, political subdivision, or taxing district, without	2973
any right of sublease or assignment, for a period not to exceed	2974
fifteen years, and provided that the director shall grant leases,	2975
easements, or licenses of university land for periods not to	2976
exceed twenty-five years for purposes approved by the respective	2977
university's board of trustees wherein the uses are compatible	2978
with the uses and needs of the university and may grant leases of	2979
university land for periods not to exceed forty years for purposes	2980
approved by the respective university's board of trustees pursuant	2981
to section 123.77 of the Revised Code.	2982

(10) To lease office space in buildings for the use of a	2983
state agency;	2984

(11) To have general supervision and care of the storerooms,	2985
offices, and buildings leased for the use of a state agency;	2986

(12) To exercise general custodial care of all real property	2987
of the state;	2988

(13) To assign and group together state offices in any city	2989
in the state and to establish, in cooperation with the state	2990
agencies involved, rules governing space requirements for office	2991
or storage use;	2992

(14) To lease for a period not to exceed forty years,	2993
pursuant to a contract providing for the construction thereof	2994
under a lease-purchase plan, buildings, structures, and other	2995
improvements for any public purpose, and, in conjunction	2996
therewith, to grant leases, easements, or licenses for lands under	2997
the control of a state agency for a period not to exceed forty	2998
years. The lease-purchase plan shall provide that at the end of	2999
the lease period, the buildings, structures, and related	3000
improvements, together with the land on which they are situated,	3001
shall become the property of the state without cost.	3002

(a) Whenever any building, structure, or other improvement is	3003
to be so leased by a state agency, the department shall retain	3004
either basic plans, specifications, bills of materials, and	3005
estimates of cost with sufficient detail to afford bidders all	3006
needed information or, alternatively, all of the following plans,	3007
details, bills of materials, and specifications:	3008

(i) Full and accurate plans suitable for the use of mechanics	3009
and other builders in the improvement;	3010

(ii) Details to scale and full sized, so drawn and	3011
represented as to be easily understood;	3012

(iii) Accurate bills showing the exact quantity of different	3013
kinds of material necessary to the construction;	3014

(iv) Definite and complete specifications of the work to be	3015
performed, together with such directions as will enable a	3016
competent mechanic or other builder to carry them out and afford	3017
bidders all needed information;	3018

(v) A full and accurate estimate of each item of expense and	3019
of the aggregate cost thereof.	3020

(b) The department shall give public notice, in such	3021
newspaper, in such form, and with such phraseology as the director	3022
of administrative services prescribes, published once each week	3023
for four consecutive weeks, of the time when and place where bids	3024
will be received for entering into an agreement to lease to a	3025
state agency a building, structure, or other improvement. The last	3026
publication shall be at least eight days preceding the day for	3027
opening the bids. The bids shall contain the terms upon which the	3028
builder would propose to lease the building, structure, or other	3029
improvement to the state agency. The form of the bid approved by	3030
the department shall be used, and a bid is invalid and shall not	3031
be considered unless that form is used without change, alteration,	3032
or addition. Before submitting bids pursuant to this section, any	3033
builder shall comply with Chapter 153. of the Revised Code.	3034

(c) On the day and at the place named for receiving bids for	3035
entering into lease agreements with a state agency, the director	3036
of administrative services shall open the bids and shall publicly	3037
proceed immediately to tabulate the bids upon duplicate sheets. No	3038
lease agreement shall be entered into until the bureau of workers'	3039
compensation has certified that the person to be awarded the lease	3040
agreement has complied with Chapter 4123. of the Revised Code,	3041
until, if the builder submitting the lowest and best bid is a	3042
foreign corporation, the secretary of state has certified that the	3043
corporation is authorized to do business in this state, until, if	3044
the builder submitting the lowest and best bid is a person	3045
nonresident of this state, the person has filed with the secretary	3046
of state a power of attorney designating the secretary of state as	3047
its agent for the purpose of accepting service of summons in any	3048
action brought under Chapter 4123. of the Revised Code, and until	3049
the agreement is submitted to the attorney general and the	3050
attorney general's approval is certified thereon. Within thirty	3051
days after the day on which the bids are received, the department	3052
shall investigate the bids received and shall determine that the	3053
bureau and the secretary of state have made the certifications	3054
required by this section of the builder who has submitted the	3055
lowest and best bid. Within ten days of the completion of the	3056
investigation of the bids, the department shall award the lease	3057
agreement to the builder who has submitted the lowest and best bid	3058
and who has been certified by the bureau and secretary of state as	3059
required by this section. If bidding for the lease agreement has	3060
been conducted upon the basis of basic plans, specifications,	3061
bills of materials, and estimates of costs, upon the award to the	3062
builder the department, or the builder with the approval of the	3063
department, shall appoint an architect or engineer licensed in	3064
this state to prepare such further detailed plans, specifications,	3065
and bills of materials as are required to construct the building,	3066
structure, or improvement. The department shall adopt such rules	3067
as are necessary to give effect to this section. The department	3068
may reject any bid. Where there is reason to believe there is	3069
collusion or combination among bidders, the bids of those	3070
concerned therein shall be rejected.	3071

(15) To acquire by purchase, gift, devise, or grant and to	3072
transfer, lease, or otherwise dispose of all real property	3073
required to assist in the development of a conversion facility as	3074
defined in section 5709.30 of the Revised Code;	3075

(16) To lease for a period not to exceed forty years,	3076
notwithstanding any other division of this section, the	3077
state-owned property located at 408-450 East Town Street,	3078
Columbus, Ohio, formerly the state school for the deaf, to a	3079
developer in accordance with this section. "Developer," as used in	3080
this section, has the same meaning as in section 123.77 of the	3081
Revised Code.	3082

Such a lease shall be for the purpose of development of the	3083
land for use by senior citizens by constructing, altering,	3084
renovating, repairing, expanding, and improving the site as it	3085
existed on June 25, 1982. A developer desiring to lease the land	3086
shall prepare for submission to the department a plan for	3087
development. Plans shall include provisions for roads, sewers,	3088
water lines, waste disposal, water supply, and similar matters to	3089
meet the requirements of state and local laws. The plans shall	3090
also include provision for protection of the property by insurance	3091
or otherwise, and plans for financing the development, and shall	3092
set forth details of the developer's financial responsibility.	3093

The department may employ, as employees or consultants,	3094
persons needed to assist in reviewing the development plans. Those	3095
persons may include attorneys, financial experts, engineers, and	3096
other necessary experts. The department shall review the	3097
development plans and may enter into a lease if it finds all of	3098
the following:	3099

(a) The best interests of the state will be promoted by	3100
entering into a lease with the developer;	3101

(b) The development plans are satisfactory;

3102

(c) The developer has established the developer's financial	3103
responsibility and satisfactory plans for financing the	3104
development.	3105

The lease shall contain a provision that construction or	3106
renovation of the buildings, roads, structures, and other	3107
necessary facilities shall begin within one year after the date of	3108
the lease and shall proceed according to a schedule agreed to	3109
between the department and the developer or the lease will be	3110
terminated. The lease shall contain such conditions and	3111
stipulations as the director considers necessary to preserve the	3112
best interest of the state. Moneys received by the state pursuant	3113
to this lease shall be paid into the general revenue fund. The	3114
lease shall provide that at the end of the lease period the	3115
buildings, structures, and related improvements shall become the	3116
property of the state without cost.	3117

(17) To lease to any person any tract of land owned by the	3118
state and under the control of the department, or any part of such	3119
a tract, for the purpose of drilling for or the pooling of oil or	3120
gas. Such a lease shall be granted for a period not exceeding	3121
forty years, with the full power to contract for, determine the	3122
conditions governing, and specify the amount the state shall	3123
receive for the purposes specified in the lease, and shall be	3124
prepared as in other cases.	3125

(18) Biennially implement, by state agency location, a census	3126
of agency employees assigned space;	3127

(19) Require each state agency to categorize periodically the	3128
use of space allotted to the agency between office space, common	3129
areas, storage space, and other uses and report its findings to	3130
the department;	3131

(20) Create and update periodically a master space	3132
utilization plan for all space allotted to state agencies. The	3133
plan shall incorporate space utilization metrics.	3134

(21) Conduct periodically a cost-benefit analysis to	3135
determine the effectiveness of state-owned buildings;	3136

(22) Assess periodically the alternatives associated with	3137
consolidating the commercial leases for buildings located in	3138
Columbus;	3139

(23) Commission a comprehensive space utilization and	3140
capacity study in order to determine the feasibility of	3141
consolidating existing commercially leased space used by state	3142
agencies into a new state-owned facility.	3143

(B) This section and section 125.02 of the Revised Code shall	3144
not interfere with any of the following:	3145

(1) The power of the adjutant general to purchase military	3146
supplies, or with the custody of the adjutant general of property	3147
leased, purchased, or constructed by the state and used for	3148
military purposes, or with the functions of the adjutant general	3149
as director of state armories;	3150

(2) The power of the director of transportation in acquiring	3151
rights-of-way for the state highway system, or the leasing of	3152
lands for division or resident district offices, or the leasing of	3153
lands or buildings required in the maintenance operations of the	3154
department of transportation, or the purchase of real property for	3155
garage sites or division or resident district offices, or in	3156
preparing plans and specifications for and constructing such	3157
buildings as the director may require in the administration of the	3158
department;	3159

(3) The power of the director of public safety and the	3160
registrar of motor vehicles to purchase or lease real property and	3161
buildings to be used solely as locations to which a deputy	3162
registrar is assigned pursuant to division (B) of section 4507.011	3163
of the Revised Code and from which the deputy registrar is to	3164
conduct the deputy registrar's business, the power of the director	3165
of public safety to purchase or lease real property and buildings	3166
to be used as locations for division or district offices as	3167
required in the maintenance of operations of the department of	3168
public safety, and the power of the superintendent of the state	3169
highway patrol in the purchase or leasing of real property and	3170
buildings needed by the patrol, to negotiate the sale of real	3171
property owned by the patrol, to rent or lease real property owned	3172
or leased by the patrol, and to make or cause to be made repairs	3173
to all property owned or under the control of the patrol;	3174

(4) The power of the division of liquor control in the	3175
leasing or purchasing of retail outlets and warehouse facilities	3176
for the use of the division;	3177

(5) The power of the director of development to enter into	3178
leases of real property, buildings, and office space to be used	3179
solely as locations for the state's foreign offices to carry out	3180
the purposes of section 122.05 of the Revised Code.	3181

(C) Purchases for, and the custody and repair of, buildings	3182
under the management and control of the capitol square review and	3183
advisory board, the rehabilitation services commission, the bureau	3184
of workers' compensation, or the departments of public safety, job	3185
and family services, mental health, mental retardation and	3186
developmental disabilities, and rehabilitation and correction, and	3187
buildings of educational and benevolent institutions under the	3188
management and control of boards of trustees, are not subject to	3189
the control and jurisdiction of the department of administrative	3190
services.	3191

(D) Any instrument by which real property is acquired	3192
pursuant to this section shall identify the agency of the state	3193
that has the use and benefit of the real property as specified in	3194
section 5301.012 of the Revised Code.	3195

Sec. 123.152. (A) As used in this section, "EDGE business	3196
enterprise" means a sole proprietorship, association, partnership,	3197
corporation, limited liability corporation, or joint venture	3198
certified as a participant in the encouraging diversity, growth,	3199
and equity program by the director of administrative services	3200
under this section of the Revised Code.	3201

(B) The director of administrative services shall establish a	3202
business assistance program known as the encouraging diversity,	3203
growth, and equity program and shall adopt rules in accordance	3204
with Chapter 119. of the Revised Code to administer the program	3205
and that do all of the following:	3206

(1) Establish procedures by which a sole proprietorship,	3207
association, partnership, corporation, limited liability	3208
corporation, or joint venture may apply for certification as an	3209
EDGE business enterprise;	3210

(2) Establish agency procurement goals for contracting with	3211
EDGE business enterprises in the award of contracts under Chapters	3212
123., 125., and 153. of the Revised Code based on the availability	3213
of eligible program participants by region or geographic area, as	3214
determined by the director, and by standard industrial code.	3215

(a) Goals established under division (B)(2) of this section	3216
shall be based on a percentage level of participation and a	3217
percentage of contractor availability.	3218

(b) Goals established under division (B)(2) of this section	3219
shall be applied at the contract level, relative to an overall	3220
dollar goal for each state agency, in accordance with the	3221
following certification categories: construction, architecture,	3222
and engineering; professional services; goods and services; and	3223
information technology services.	3224

(3) Establish a system of certifying EDGE business	3225
enterprises based on a requirement that the business owner or	3226
owners show both social and economic disadvantage based on the	3227
following, as determined to be sufficient by the director:	3228

(a) Relative wealth of the business seeking certification as	3229
well as the personal wealth of the owner or owners of the	3230
business;	3231

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

3232

(i) A rebuttable presumption when the business owner or	3233
owners demonstrate membership in a racial minority group or show	3234
personal disadvantage due to color, ethnic origin, gender,	3235
physical disability, long-term residence in an environment	3236
isolated from the mainstream of American society, location in an	3237
area of high unemployment;	3238

(ii) Some other demonstration of personal disadvantage not	3239
common to other small businesses;	3240

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

3241

(c) Economic disadvantage based on economic and business size	3242
thresholds and eligibility criteria designed to stimulate economic	3243
development through contract awards to businesses located in	3244
qualified census tracts.	3245

(4) Establish standards to determine when an EDGE business	3246
enterprise no longer qualifies for EDGE business enterprise	3247
certification;	3248

(5) Develop a process for evaluating and adjusting goals	3249
established by this section to determine what adjustments are	3250
necessary to achieve participation goals established by the	3251
director;	3252

(6) Establish a point system to evaluate bid proposals to	3253
encourage EDGE business enterprises to participate in the	3254
procurement of professional design and information technology	3255
services;	3256

(7) Establish a system to track data and analyze each	3257
certification category established under division (B)(2)(b) of	3258
this section;	3259

(8) Establish a process to mediate complaints and to review	3260
EDGE business enterprise certification appeals;	3261

(9) Implement an outreach program to educate potential	3262
participants about the encouraging diversity, growth, and equity	3263
program;	3264

(10) Establish a system to assist state agencies in	3265
identifying and utilizing EDGE business enterprises in their	3266
contracting processes;	3267

(11) Implement a system of self-reporting by EDGE business	3268
enterprises as well as an on-site inspection process to validate	3269
the qualifications of an EDGE business enterprise;	3270

(12) Establish a waiver mechanism to waive program goals or	3271
participation requirements for those companies that, despite their	3272
best-documented efforts, are unable to contract with certified	3273
EDGE business enterprises;	3274

(13) Establish a process for monitoring overall program	3275
compliance in which equal employment opportunity officers	3276
primarily are responsible for monitoring their respective	3277
agencies.	3278

(C) Not later than December 31, 2003, the director of	3279
administrative services shall prepare a detailed report to the	3280
governor outlining and evaluating the progress made in	3281
implementing the encouraging diversity, growth, and equity	3282
program.	3283

Sec. 123.153. The director of development shall do all of	3284
the following with regard to the encouraging diversity, growth,	3285
and equity program created under section 123.152 of the Revised	3286
Code:	3287

(A) Conduct outreach, marketing, and recruitment of EDGE	3288
business enterprises;	3289

(B) Provide assistance to the department of administrative	3290
services, as needed, to certify new EDGE business enterprises and	3291
to train appropriate state agency staff;	3292

(C) Provide business development services to EDGE business	3293
enterprises in the developmental and transitional stages of the	3294
program, including financial and bonding and management and	3295
technical assistance;	3296

(D) Develop a mentor program to bring businesses into a	3297
working relationship with EDGE business enterprises in a way that	3298
commercially benefits both entities and serves the purpose of the	3299
EDGE program;	3300

(E) Not later than December 31, 2003, prepare a detailed	3301
report to the governor outlining and evaluating the progress made	3302
in implementing the encouraging diversity, growth, and equity	3303
program;	3304

(F) Establish processes by which an EDGE business enterprise	3305
may apply for contract assistance, financial and bonding	3306
assistance, management and technical assistance, and mentoring	3307
opportunities.	3308

Sec. 124.03. The state personnel board of review shall	3309
exercise the following powers and perform the following duties:	3310

(A) Hear appeals, as provided by law, of employees in the	3311
classified state service from final decisions of appointing	3312
authorities or the director of administrative services relative to	3313
reduction in pay or position, job abolishments, layoff,	3314
suspension, discharge, assignment or reassignment to a new or	3315
different position classification, or refusal of the director, or	3316
anybody authorized to perform the director's functions, to	3317
reassign an employee to another classification or to reclassify	3318
the employee's position with or without a job audit under division	3319
(D) of section 124.14 of the Revised Code. As used in this	3320
division, "discharge" includes disability separations. ~~The~~	3321

The board may affirm, disaffirm, or modify the decisions of	3322
the appointing authorities or the director, as the case may be,	3323
and its decision is final. The board's decisions shall be	3324
consistent with the applicable classification specifications. ~~The~~	3325

The board shall not be deprived of jurisdiction to hear any	3326
appeal due to the failure of an appointing authority to file its	3327
decision with the board. Any final decision of an appointing	3328
authority or of the director not filed in the manner provided in	3329
this chapter shall be disaffirmed. ~~The~~	3330

The board may place an exempt employee, as defined in section	3331
124.152 of the Revised Code, into a bargaining unit	3332
classification, if the board determines that the bargaining unit	3333
classification is the proper classification for that employee.	3334
Notwithstanding Chapter 4117. of the Revised Code or instruments	3335
and contracts negotiated under it, such placements are at the	3336
board's discretion.	3337

In any hearing before the board, including any hearing at	3338
which a record is taken that may be the basis of an appeal to a	3339
court, an employee may be represented by a person permitted to	3340
practice before the board who is not an attorney at law soas long	3341
as the person does not receive any compensation from the employee	3342
for ~~such~~the representation.	3343

(B) Hear appeals, as provided by law, of appointing	3344
authorities from final decisions of the director relative to the	3345
classification or reclassification of any position in the	3346
classified state service under the jurisdiction of ~~such~~that	3347
appointing authority. The board may affirm, disaffirm, or modify	3348
the decisions of the director, and its decision is final. The	3349
board's decisions shall be consistent with the applicable	3350
classification specifications.	3351

(C) Exercise the authority provided by section 124.40 of the	3352
Revised Code, for appointment, removal, and supervision of	3353
municipal and civil service township civil service commissions;	3354

(D) Appoint a secretary, referees, examiners, and whatever	3355
other employees are necessary in the exercise of its powers and	3356
performance of its duties and functions. The board shall determine	3357
appropriate education and experience requirements for its	3358
secretary, referees, examiners, and other employees and shall	3359
prescribe their duties. A referee or examiner does not need to	3360
have been admitted to the practice of law.	3361

(E) Maintain a journal ~~which~~that shall be open to public	3362
inspection, in which it shall keep a record of all of its	3363
proceedings and of the vote of each of its members upon every	3364
action taken by it;	3365

(F) Adopt rules in accordance with Chapter 119. of the	3366
Revised Code relating to the procedure of the board in	3367
administering the laws ~~which~~ it has the authority or duty to	3368
administer and for the purpose of invoking the jurisdiction of the	3369
board in hearing appeals of appointing authorities and employees	3370
in matters set forth in divisions (A) and (B) of this section;	3371

(G) Subpoena and require the attendance and testimony of	3372
witnesses and the production of books, papers, public records, and	3373
other documentary evidence pertinent to any matter ~~which~~ it has	3374
authority to investigate, inquire into, or hear in the same manner	3375
and to the same extent as provided by division (G) of section	3376
124.09 of the Revised Code. All witness fees shall be paid in the	3377
manner set forth in that division.	3378

(H) The board shall be funded by general revenue fund	3379
appropriations. All moneys received by the board for copies of	3380
documents, rule books, and transcriptions shall be paid into the	3381
state treasury to the credit of the transcript and other documents	3382
fund, which is hereby created to defray the cost of ~~furnishing or~~	3383
~~making available such copies, rule books, and transcriptions~~	3384
producing an administrative record.	3385

Sec. 125.05. Except as provided in division (E) of this	3386
section, no state agency shall purchase any supplies or services	3387
except as provided in divisions (A) to (C) of this section.	3388

(A) Subject to division (D) of this section, a state agency	3389
may, without competitive selection, make any purchase of services	3390
that cost fifty thousand dollars or less or any purchase of	3391
supplies that cost twenty-five thousand dollars or less. The	3392
agency may make the purchase directly or may make the purchase	3393
from or through the department of administrative services,	3394
whichever the agency determines. The department shall establish	3395
written procedures to assist state agencies when they make direct	3396
purchases. If the agency makes the purchase directly, it shall	3397
make the purchase by a term contract whenever possible.	3398

(B) ~~Subject~~(1) Except as provided in division (B)(2) of this	3399
section and subject to division (D) of this section, a state	3400
agency wanting to purchase services that cost more than fifty	3401
thousand dollars or supplies that cost more than twenty-five	3402
thousand dollars shall, unless otherwise authorized by law, make	3403
the purchase from or through the department. The department shall	3404
make the purchase by competitive selection under section 125.07 of	3405
the Revised Code. If the director of administrative services	3406
determines that it is not possible or not advantageous to the	3407
state for the department to make the purchase, the department	3408
shall grant the agency a release and permit under section 125.06	3409
of the Revised Code to make the purchase. Section 127.16 of the	3410
Revised Code does not apply to purchases the department makes	3411
under this section.	3412

(2) Subject to division (D) of this section, a state agency	3413
desiring to purchase services that cost more than fifty thousand	3414
dollars or supplies that cost more than twenty-five thousand	3415
dollars shall solicit, pursuant to the competitive selection	3416
requirements specified in section 125.07 of the Revised Code, at	3417
least three bids for the services or supplies and make the	3418
purchase directly from the lowest bidder instead of from or	3419
through the department, but only if the state agency determines	3420
that it is possible to purchase the services or supplies directly	3421
from that bidder at a lower price than making the purchase from or	3422
through the department. If the agency makes a purchase pursuant to	3423
division (B)(2) of this section, it shall provide the department	3424
with written notification of the subject and amount of the	3425
purchase.	3426

(C) An agency that has been granted a release and permit to	3427
make a purchase may make the purchase without competitive	3428
selection if after making the purchase the cumulative purchase	3429
threshold as computed under division (F) of section 127.16 of the	3430
Revised Code would:	3431

(1) Be exceeded and the controlling board approves the	3432
purchase;	3433

(2) Not be exceeded and the department of administrative	3434
services approves the purchase.	3435

(D) Not later than January 31, 1997, the amounts specified in	3436
divisions (A) and (B) of this section and, not later than the	3437
thirty-first day of January of each second year thereafter, any	3438
amounts computed by adjustments made under this division, shall be	3439
increased or decreased by the average percentage increase or	3440
decrease in the consumer price index prepared by the United States	3441
bureau of labor statistics (U.S. City Average for Urban Wage	3442
Earners and Clerical Workers: "All Items 1982-1984=100") for the	3443
twenty-four calendar month period prior to the immediately	3444
preceding first day of January over the immediately preceding	3445
twenty-four calendar month period, as reported by the bureau. The	3446
director of administrative services shall make this determination	3447
and adjust the appropriate amounts accordingly.	3448

(E) If ~~the Ohio SchoolNet commission,~~ the department of	3449
education, or the Ohio education computer network determines that	3450
it can purchase software services or supplies for specified school	3451
districts at a price less than the price for which the districts	3452
could purchase the same software services or supplies for	3453
themselves, the ~~office,~~ department, or network shall certify that	3454
fact to the department of administrative services and, acting as	3455
an agent for the specified school districts, shall make that	3456
purchase without following the provisions in divisions (A) to (D)	3457
of this section.	3458

Sec. 125.06. The department of administrative services may,	3459
pursuant to division (B)(1) of section 125.05 of the Revised Code	3460
and subject to such rules as the director of administrative	3461
services may adopt, issue a release and permit to the agency to	3462
secure supplies or services. A release and permit shall specify	3463
the supplies or services to which it applies, the time during	3464
which it is operative, and the reason for its issuance. A release	3465
and permit for computer services shall also specify the type of	3466
services to be rendered, the number and type of machines to be	3467
employed, and may specify the amount of such services to be	3468
performed. One copy of every release and permit shall be filed	3469
with the agency to which it is issued, and one copy shall be	3470
retained by the department.	3471

Sec. 125.07. The department of administrative services, in	3472
making a purchase by competitive selection pursuant to division	3473
(B)(1) of section 125.05 of the Revised Code, or a state agency,	3474
in making a purchase by competitive selection pursuant to division	3475
(B)(2) of section 125.02 of the Revised Code, shall give notice in	3476
the following manner:	3477

(A) The department or state agency shall advertise the	3478
intended purchases by notice that is posted by mail or electronic	3479
means and that is for the benefit of competing persons producing	3480
or dealing in the supplies or services to be purchased, including,	3481
but not limited to, the persons whose names appear on the	3482
appropriate list provided for in section 125.08 of the Revised	3483
Code. The notice may be in the form of the bid or proposal	3484
document or of a listing in a periodic bulletin, or in any other	3485
form the director of administrative services or state agency head	3486
considers appropriate to sufficiently notify qualified competing	3487
persons of the intended purchases.	3488

(B) The notice required under division (A) of this section	3489
shall include the time and place where bids or proposals will be	3490
accepted and opened, or, when bids are made in a reverse auction,	3491
the time when bids will be accepted; the conditions under which	3492
bids or proposals will be received; the terms of the proposed	3493
purchases; and an itemized list of the supplies or services to be	3494
purchased and the estimated quantities or amounts of them.	3495

(C) The posting of the notice required under division (A) of	3496
this section shall be completed by the number of days the director	3497
or state agency head determines preceding the day when the bids or	3498
proposals will be opened or accepted.	3499

(D) The department or state agency also shall maintain, in a	3500
public place in its office, a bulletin board upon which it shall	3501
post and maintain a copy of the notice required under division (A)	3502
of this section for at least the number of days the director or	3503
state agency head determines under division (C) of this section	3504
preceding the day of the opening or acceptance of the bids or	3505
proposals. The failure to so additionally post the notice shall	3506
invalidate all proceedings had and any contract entered into	3507
pursuant to the proceedings.	3508

Sec. 125.073. (A) The department of administrative services	3509
shall actively promote and accelerate the use of electronic	3510
procurement, including reverse auctions as defined by section	3511
125.072 of the Revised Code, by implementing the relevant	3512
recommendations concerning electronic procurement from the "2000	3513
Management Improvement Commission Report to the Governor" when	3514
exercising its statutory powers.	3515

(B) Beginning July 1, 2004, the department shall annually on	3516
or before the first day of July report to the committees in each	3517
house of the general assembly dealing with finance indicating the	3518
effectiveness of electronic procurement.	3519

Sec. 125.15. All state agencies required to secure any	3520
equipment, materials, supplies, or services~~, or contracts of~~	3521
~~insurance~~ from the department of administrative services shall	3522
make acquisition in the manner and upon forms prescribed by the	3523
director of administrative services and shall reimburse the	3524
department for the equipment, materials, supplies, or services, or	3525
~~contracts of insurance,~~ including a reasonable sum to cover the	3526
department's administrative costs, whenever reimbursement is	3527
required by the department. The money so paid shall be deposited	3528
in the state treasury to the credit of the general services fund	3529
or the information technology fund, as appropriate. ~~Such~~Those	3530
funds are hereby created.	3531

Sec. 125.831. As used in sections 125.831 to 125.834 of the	3532
Revised Code:	3533

(A) "Law enforcement officer" means an officer, agent, or	3534
employee of a state agency upon whom, by statute, a duty to	3535
conserve the peace or to enforce all or certain laws is imposed	3536
and the authority to arrest violators is conferred, within the	3537
limits of that statutory duty and authority.	3538

(B) "Motor vehicle" means any automobile, automobile truck,	3539
tractor, or self-propelled vehicle not operated or driven on fixed	3540
rails or track, but does not include a motor vehicle used by a law	3541
enforcement officer or that has a one-ton or higher hauling	3542
capacity.	3543

(C) "State agency" means every organized body, office, or	3544
agency established by the laws of the state for the exercise of	3545
any function of state government, but does not include the general	3546
assembly, any legislative agency, the supreme court, other courts	3547
of record in the state, or any judicial agency.	3548

Sec. 125.832. The department of administrative services is	3549
hereby granted exclusive authority over the acquisition and	3550
management of all motor vehicles used by state agencies. In	3551
carrying out this authority, the department shall do all of the	3552
following:	3553

(A) Approve the purchase or lease of each motor vehicle. The	3554
department shall decide if a motor vehicle shall be leased or	3555
purchased.	3556

(B) Direct and approve all funds that are expended for the	3557
purchase, lease, repair, maintenance, registration, insuring, and	3558
all other costs related to the possession and operation of the	3559
motor vehicles;	3560

(C) Adopt rules pursuant to section 111.15 of the Revised	3561
Code establishing policies and procedures for the assignment of	3562
the motor vehicles to state agencies and to the employees and	3563
heads of state agencies. Where applicable, these policies and	3564
procedures shall include approval of the location of each state	3565
agency's motor vehicle pool. The pool may be at the central office	3566
of the state agency or at one or more of the state agency's	3567
regional offices. Assignment of motor vehicles to state agencies	3568
and to the employees and heads of state agencies shall be at the	3569
sole discretion of the department.	3570

(D) Determine how the motor vehicles will be maintained,	3571
insured, operated, financed, and licensed;	3572

(E) Negotiate with vendors to create fuel plans for the	3573
provision of fuel for the motor vehicles;	3574

(F)(1) Pursuant to the formula in division (F)(2) of this	3575
section, annually establish the minimum number of business miles	3576
per year an employee or the head of a state agency must drive in	3577
order to qualify for approval by the department to receive a	3578
personal motor vehicle for business use. The department shall not	3579
establish a minimum number that is less than fourteen thousand	3580
miles. The minimum number shall not include business miles	3581
traveled to and from the employee's home and work.	3582

(2) The department shall establish the minimum number of	3583
business miles per year under division (F)(1) of this section at	3584
an amount that results when the annual motor vehicle cost is	3585
divided by the amount that is the reimbursement rate per mile	3586
minus the amount that is the sum of the fuel cost, the operating	3587
cost, and the insurance cost.	3588

As used in division (F)(2) of this section:

3589

(a) "Annual motor vehicle cost" means the price of an average	3590
motor vehicle divided by the number of years an average motor	3591
vehicle is used.	3592

(b) "Fuel cost" means the average price per gallon of motor	3593
fuel divided by the miles per gallon fuel efficiency of an average	3594
motor vehicle.	3595

(c) "Insurance cost" means the cost of insuring an average	3596
motor vehicle per year divided by the number of miles an average	3597
motor vehicle is driven per year.	3598

(d) "Operating cost" means the maintenance cost of an average	3599
motor vehicle per year divided by the product resulting when the	3600
number of miles an average motor vehicle is driven per year is	3601
multiplied by the number of years an average motor vehicle is	3602
used.	3603

(e) "Reimbursement rate per mile" means the reimbursement per	3604
mile rate for travel expenses as provided by rule of the director	3605
of budget and management adopted pursuant to division (B) of	3606
section 126.31 of the Revised Code.	3607

(G) Implement the recommendations from the 2002 report	3608
entitled "Administrative Analysis of the Ohio Fleet Management	3609
Program" related to the authority granted to the department by	3610
this section.	3611

Sec. 125.833. (A) There is hereby established within the	3612
department of administrative services the vehicle management	3613
commission.	3614

(B) The commission shall consist of the director of	3615
administrative services and six other members consisting of two	3616
members of the house of representatives appointed by the speaker	3617
of the house of representatives, two members of the senate	3618
appointed by the president of the senate, and two persons with	3619
experience in the vehicle leasing, purchasing, and maintenance	3620
industry in the state who are selected by the other five members	3621
of the commission. Initial appointments of legislative members to	3622
the committee shall be made by September 1, 2003, and in the	3623
manner prescribed in this section. Thereafter, appointments to the	3624
committee shall be made within fifteen days after the commencement	3625
of the first regular session of the general assembly and in the	3626
manner prescribed in this section. The terms of legislative	3627
members shall be for the duration of the session of the general	3628
assembly in which they are appointed. Legislative members of the	3629
committee shall continue to serve on the committee until the	3630
appointments are made in the following session of the general	3631
assembly, unless they cease to be members of the general assembly.	3632
A vacancy on the committee shall be filled for the unexpired term	3633
in the same manner as the original appointment.	3634

(C) The commission shall periodically review the	3635
implementation of this section by the department of administrative	3636
services and may recommend to the department and the general	3637
assembly modifications to the department's procedures and	3638
functions and other statutory changes.	3639

Sec. 125.834. (A) Motor vehicles shall be made available to	3640
state agencies and the employees and heads of state agencies only	3641
in the following ways:	3642

(1) Through provision by the department on an intermittent or	3643
temporary basis under section 125.83 of the Revised Code;	3644

(2) Through a motor vehicle pool at the central office of the	3645
state agency or at one or more of the state agency's regional	3646
offices, as the department determines under division (C) of	3647
section 125.832 of the Revised Code;	3648

(3) Through the provision of a personal motor vehicle at the	3649
request of a state agency to an employee or the head of the state	3650
agency who drives the minimum number of business miles per year	3651
that the department determines under division (F)(1) of section	3652
125.832 of the Revised Code and who receives approval for the	3653
motor vehicle from the department. If that individual drives less	3654
than the minimum number of miles per year or is otherwise not	3655
granted approval by the department for a personal motor vehicle,	3656
the individual must use an agency pool motor vehicle or the	3657
individual's own motor vehicle. If an individual uses the	3658
individual's own motor vehicle, the individual shall be reimbursed	3659
at the same mileage rate allowed for the reimbursement of travel	3660
expenses as provided by rule of the director of budget and	3661
management adopted pursuant to division (B) of section 126.31 of	3662
the Revised Code. If a state agency requests and receives approval	3663
for a personal motor vehicle for an individual and the individual	3664
drives the motor vehicle less than the minimum number of business	3665
miles per year, the state agency shall return that motor vehicle	3666
to the department for reassignment pursuant to this section. The	3667
state agency shall reimburse the department for all administrative	3668
costs incurred in the return and reassignment of the motor	3669
vehicle.	3670

(B) Each state agency shall reimburse the department for all	3671
costs incurred in the assignment of motor vehicles to the state	3672
agency.	3673

(C) Employees of the department shall be the only state	3674
employees responsible for the purchase, lease, repair,	3675
maintenance, registration, and insuring, and all other	3676
responsibilities related to the possession and operation of motor	3677
vehicles used by state agencies.	3678

(D) Except in the case of an emergency, all fuel for state	3679
vehicles must be purchased pursuant to fuel plans that the	3680
department negotiates under division (E) of section 125.832 of the	3681
Revised Code. In the case of an emergency, a state agency or its	3682
employee or head may purchase fuel other than pursuant to such a	3683
fuel plan and be reimbursed for expenses incurred upon the	3684
approval of the department.	3685

Sec. 125.22. (A) The department of administrative services	3686
shall establish the central service agency to perform routine	3687
support for the following boards and commissions:	3688

(1) State board of examiners of architects;

3689

(2) Barber board;

3690

(3) State chiropractic board;

3691

(4) State board of cosmetology;

3692

(5) Accountancy board;

3693

(6) State dental board;

3694

(7) State vision board ~~of optometry~~;

3695

(8) Ohio occupational therapy, physical therapy, and athletic	3696
trainers board;	3697

(9) State board of registration for professional engineers	3698
and surveyors;	3699

(10) State board of sanitarian registration;

3700

(11) Board of embalmers and funeral directors;

3701

(12) State board of psychology;

3702

(13) ~~Ohio optical dispensers board;~~

3703

~~(14)~~ Board of speech pathology and audiology;

3704

~~(15)~~(14) Counselor, social worker, and marriage and family	3705
therapist board;	3706

~~(16)~~(15) State veterinary medical licensing board;

3707

~~(17)~~(16) Ohio board of dietetics;

3708

~~(18)~~(17) Commission on Hispanic-Latino affairs;

3709

~~(19)~~(18) Ohio respiratory care board;

3710

~~(20) Ohio commission on African-American males;~~

3711

~~(21)~~(19) Chemical dependency professionals board.

3712

(B)(1) Notwithstanding any other section of the Revised Code,	3713
the agency shall perform the following routine support services	3714
for the boards and commissions named in division (A) of this	3715
section unless the controlling board exempts a board or commission	3716
from this requirement on the recommendation of the director of	3717
administrative services:	3718

(a) Preparing and processing payroll and other personnel	3719
documents;	3720

(b) Preparing and processing vouchers, purchase orders,	3721
encumbrances, and other accounting documents;	3722

3723

(d) Preparing and monitoring budgets and allotment plans in	3724
consultation with the boards and commissions;	3725

(e) Other routine support services that the director of	3726
administrative services considers appropriate to achieve	3727
efficiency.	3728

(2) The agency may perform other services which a board or	3729
commission named in division (A) of this section delegates to the	3730
agency and the agency accepts.	3731

(3) The agency may perform any service for any professional	3732
or occupational licensing board not named in division (A) of this	3733
section or any commission if the board or commission requests such	3734
service and the agency accepts.	3735

(C) The director of administrative services shall be the	3736
appointing authority for the agency.	3737

(D) The agency shall determine the fees to be charged to the	3738
boards and commissions, which shall be in proportion to the	3739
services performed for each board or commission.	3740

(E) Each board or commission named in division (A) of this	3741
section and any other board or commission requesting services from	3742
the agency shall pay these fees to the agency from the general	3743
revenue fund maintenance account of the board or commission or	3744
from such other fund as the operating expenses of the board or	3745
commission are paid. Any amounts set aside for a fiscal year by a	3746
board or commission to allow for the payment of fees shall be used	3747
only for the services performed by the agency in that fiscal year.	3748
All receipts collected by the agency shall be deposited in the	3749
state treasury to the credit of the central service agency fund,	3750
which is hereby created. All expenses incurred by the agency in	3751
performing services for the boards or commissions shall be paid	3752
from the fund.	3753

(F) Nothing in this section shall be construed as a grant of	3754
authority for the central service agency to initiate or deny	3755
personnel or fiscal actions for the boards and commissions.	3756

Sec. 125.91. As used in sections 125.92 to 125.98 of the	3757
Revised Code:	3758

(A) "State agency" includes every department, bureau, board,	3759
commission, office, or other organized body established by the	3760
constitution and laws of the state for the exercise of any	3761
function of state government, but does not include any	3762
state-supported institution of higher education, the general	3763
assembly or any legislative agency, the attorney general, the	3764
auditor of state, the secretary of state, the treasurer of state,	3765
the bureau of workers' compensation, any court or judicial agency,	3766
or any political subdivision or agency ~~thereof~~of a political	3767
subdivision.	3768

(B) "Form" means any document, device, or item used to convey	3769
information, regardless of medium, that has blank spaces for the	3770
insertion of information and that may have a predetermined format	3771
and data elements to guide the entry, ~~interpretration~~	3772
interpretation, and use of the information. "Form" does not	3773
include letterheads, envelopes, labels, tags, tickets, or note	3774
pads, or forms mandated by the federal government, but does	3775
include all computer-generated forms except those mandated by the	3776
federal government. ~~As used in sections 125.931 to 125.935 of the~~	3777
~~Revised Code, "form" applies only to a form that is used by a~~	3778
~~state agency and that is completed in whole or in part by private~~	3779
~~business, political subdivisions, or the public.~~	3780

Sec. 125.92. There is hereby established in the department	3781
of administrative services a state forms management ~~control center~~	3782
program, which shall be under the control and supervision of the	3783
director of administrative services~~, who shall appoint an~~	3784
~~administrator of the center~~or the director's designee.	3785

The ~~center~~state forms management program shall ~~develop,~~	3786
~~implement, and maintain a statewide forms management program that~~	3787
~~involves~~be developed, implemented, and maintained for all state	3788
agencies and isbe designed to simplify, consolidate, or	3789
eliminate, when expedient, forms, surveys, and other documents	3790
used by state agencies. In developing the program, particular	3791
emphasis shall be placed upon determining the actual need for any	3792
information, records, and reports sought from private business,	3793
agriculture, and local governments through the use of ~~such~~ forms,	3794
surveys, and other documents.	3795

Sec. 125.93. The state forms management ~~control center~~	3796
program shall do each of the following:	3797

(A) Assist state agencies in establishing internal forms	3798
management capabilities;	3799

(B) Study, develop, coordinate, and initiate forms of	3800
interagency and common administrative usage, and establish basic	3801
design and specification criteria to standardize state forms;	3802

(C) Assist state agencies to design economical forms ~~and~~	3803
~~compose art work for forms~~;	3804

(D) ~~Establish and supervise control procedures to prevent the~~	3805
~~undue creation and reproduction of state forms;~~	3806

~~(E)~~ Assist, train, and instruct state agencies and their	3807
forms management representatives in forms management techniques,	3808
and provide direct forms management assistance to new state	3809
agencies as they are created;	3810

~~(F)~~(E) Maintain a central ~~cross index~~forms repository of all	3811
state forms to facilitate standardization of the forms, eliminate	3812
redundant forms, and provide a central source of information on	3813
forms usage and availability;	3814

~~(G) Utilize existing functions within the department of~~	3815
~~administrative services to design economical forms and compose art~~	3816
~~work, as well as use appropriate procurement techniques to take~~	3817
~~advantage of competitive selection, consolidated orders, and~~	3818
~~contract procurement of forms;~~	3819

~~(H) Conduct an annual evaluation of the effectiveness of the~~	3820
~~forms management program and the forms management practices of~~	3821
~~individual state agencies, and maintain records that indicate~~	3822
~~dollar savings resulting from, and the number of forms eliminated,~~	3823
~~simplified, or standardized through, centralized forms management.~~	3824
~~The results of the evaluation shall be reported to the speaker of~~	3825
~~the house of representatives and president of the senate not later~~	3826
~~than the fifteenth day of January each year. The center shall~~	3827
~~report on the first day of each month to the state records~~	3828
~~administrator on its activities during the preceding month~~.	3829

Sec. 125.95. (A) The ~~administrator of the~~ state forms	3830
management ~~control center~~program may permit any state agency to	3831
manage fully any forms used or proposed to be used by it, whenever	3832
the ~~administrator~~program determines that the delegation will	3833
result in the most timely and economical method of accomplishing	3834
the objectives of the ~~forms management~~ program as set forth in	3835
section 125.93 of the Revised Code. A determination to delegate to	3836
a state agency authority to manage forms may, among other matters,	3837
take into consideration the benefits of central management of any	3838
form in relation to the costs associated with ~~such~~that	3839
management.	3840

(B) To expedite the collection and disposition of general	3841
state and local revenue, the ~~administrator~~state forms management	3842
program shall permit, without prior authorization, the tax	3843
commissioner to design, print or have printed, distribute, and	3844
require the use of those forms ~~which~~that the tax commissioner	3845
determines are necessary for the proper administration of those	3846
taxes and programs hethe tax commissioner administers except as	3847
provided in division (A) of section 4307.05 of the Revised Code.	3848
The tax commissioner shall report to the ~~administrator~~program not	3849
later than fifteen days after the close of each calendar quarter	3850
with respect to the forms activities occurring within ~~his~~the tax	3851
commissioner's agency during the preceding calendar quarter.	3852

Sec. 125.96. The director of administrative services may	3853
adopt, amend, or rescind rules necessary to carry out the powers	3854
and duties imposed upon the state forms management ~~control center~~	3855
~~and its administrator~~program and state agencies by sections	3856
125.92 to 125.98 of the Revised Code. The director shall adopt,	3857
and may amend or rescind, rules providing ~~that~~each of the	3858
following:	3859

(A) After a date to be determined by the ~~administrator~~state	3860
forms management program, no state agency shall utilize any form,	3861
other than a form subject to division (B) of section 125.95 of the	3862
Revised Code, the management of which has not been delegated to	3863
the agency by the ~~administrator~~program under division (A) of that	3864
section ~~125.95 of the Revised Code~~ or ~~that has not~~ been approved	3865
by the ~~center~~program.	3866

(B) The notice required by section 125.97 of the Revised Code	3867
shall appear in a standard place and a standard manner on each	3868
form to which the notice applies, and shall include specified	3869
indicia of approval by the ~~administrator~~state forms management	3870
program.	3871

(C) Any form required by a state agency on an emergency basis	3872
may be given interim approval by the ~~administrator~~state forms	3873
management program if the form is accompanied by a letter from the	3874
director or other head of the agency setting forth the nature of	3875
the emergency and requesting interim approval.	3876

Sec. 125.98. (A) Each state agency shall appoint a forms	3877
management representative, who may be from existing personnel. The	3878
appointee shall cooperate with, and provide other necessary	3879
assistance to, the director of administrative services and the	3880
~~administrator of the~~ state forms management ~~control center~~program	3881
in implementing the ~~state forms management~~ program. A forms	3882
management representative shall do all of the following:	3883

(1) Manage the agency's forms management program and	3884
cooperate with and provide other necessary assistance to the	3885
director of administrative services in implementing the state	3886
forms management program;	3887

(2) Monitor the use and reproduction of all forms to ensure	3888
that all policies, procedures, guidelines, and standards	3889
established by the agency and the director of administrative	3890
services are followed;	3891

(3) Ensure that every form used by the agency is presented to	3892
the state forms management ~~control center~~program for registration	3893
prior to its reproduction;	3894

(4) Maintain a master forms file history file, in numeric	3895
order, of all agency forms;	3896

(5) Verify and update the information on all forms ~~computer~~	3897
~~file reports returned to the agency by the state forms management~~	3898
~~control center~~in the central forms repository database.	3899

(B) Any state agency, as ~~such term is~~ defined in section 1.60	3900
of the Revised Code, not included within the definition of a state	3901
agency in section 125.91 of the Revised Code may elect to	3902
participate in the state forms management program. The ~~center~~	3903
program may provide to any such agency any service required or	3904
authorized by sections 125.92 to 125.98 of the Revised Code to be	3905
performed for a state agency.	3906

Sec. 126.03. (A) The director of budget and management	3907
shall:	3908

(1) Prepare biennially a capital plan and, with the	3909
concurrence of the governor, submit it to the general assembly.	3910
The capital plan shall contain recommendations as to the	3911
acquisition of real estate and the construction of public	3912
improvements. The capital plan shall extend through a period of at	3913
least six years in the future and shall identify the projects	3914
which should be undertaken in each biennium of the period through	3915
which the plan extends, together with estimated costs of all such	3916
recommended projects.	3917

(2) Require biennially, from the chief administrative	3918
authorities of affected state agencies, their recommendations as	3919
to the acquisition of real estate and construction of public	3920
improvements which will be needed through a period of at least six	3921
years in the future, together with a description of each proposed	3922
public improvement and the estimated capacity of the improvement	3923
in terms of its proposed use,; a demonstration of the need for the	3924
real estate or public improvement, including the effects and	3925
efficacy of any such improvement relative to meeting the projected	3926
needs of affected clients and customers based on a survey and	3927
analysis by the agency of those needs; the benefits in	3928
governmental operations expected to result from the acquisition or	3929
construction,; the state agencies ~~which~~that will occupy or	3930
control the real estate or improvement,; and the location of the	3931
real estate or public improvement. The director shall evaluate	3932
such recommended projects as to their validity ~~and as to~~, the	3933
comparative degree of need among them, and their efficacy in	3934
meeting client and customer needs based on the information	3935
submitted; notify the chief administrative authorities of the	3936
recommending agencies of the action taken on each such	3937
recommendation; and consult with and seek the recommendations of	3938
the chief administrative authorities of the affected agencies on	3939
all projects being considered for inclusion in the capital plan,	3940
whether originally proposed by the director of budget and	3941
management or by a state agency.	3942

(3) At the request and with the concurrence of the governor,	3943
prepare and recommend to the general assembly a biennial capital	3944
budget that includes the recommendations of the director as to	3945
projects to be undertaken or revised during the fiscal biennium	3946
following the latest biennium for which a capital appropriations	3947
act was enacted. The capital budget shall include all projects	3948
~~which~~that the director considers to be necessary and feasible,	3949
whether originally proposed by the director or by a state agency.	3950
Submitted with that budget shall be a summary of the client and	3951
customer needs information submitted under division (A)(2) of this	3952
section for the included projects.	3953

(B) In the capital plan and capital budget prepared under	3954
this section, the director of budget and management shall not	3955
provide for the acquisition of rights-of-way for, construction of,	3956
or reconstruction of transportation facilities by the director of	3957
transportation, other than transportation facilities financed by	3958
the Ohio building authority. Division (A)(2) of this section does	3959
not require the director of transportation to provide to the	3960
director of budget and management recommendations for the	3961
acquisition of rights-of-way for, construction of, or	3962
reconstruction of transportation facilities, other than	3963
transportation facilities financed by the Ohio building authority.	3964

Sec. 126.11. (A)(1) The director of budget and management	3965
shall, upon consultation with the treasurer of state, coordinate	3966
and approve the scheduling of initial sales of publicly offered	3967
securities of the state and of publicly offered fractionalized	3968
interests in or securitized issues of public obligations of the	3969
state. The director shall from time to time develop and distribute	3970
to state issuers an approved sale schedule for each of the	3971
obligations covered by division (A) or (B) of this section.	3972
Division (A) of this section applies only to those obligations on	3973
which the state or a state agency is the direct obligor or obligor	3974
on any backup security or related credit enhancement facility or	3975
source of money subject to state appropriations that is intended	3976
for payment of those obligations.	3977

(2) The issuers of obligations pursuant to section 151.03,	3978
151.04, 151.05, 151.07, or 151.09 or Chapter 152. of the Revised	3979
Code shall submit to the director:	3980

(a) For review and approval: the projected sale date, amount,	3981
and type of obligations proposed to be sold; their purpose,	3982
security, and source of payment; and the proposed structure and	3983
maturity schedule;	3984

(b) For review and comment: the authorizing order or	3985
resolution; preliminary and final offering documents; method of	3986
sale; preliminary and final pricing information; and any written	3987
reports or recommendations of financial advisors or consultants	3988
relating to those obligations;	3989

(c) Promptly after each sale of those obligations: final	3990
terms, including sale price, maturity schedule and yields, and	3991
sources and uses; names of the original purchasers or	3992
underwriters; a copy of the final offering document and of the	3993
transcript of proceedings; and any other pertinent information	3994
requested by the director.	3995

(3) The issuer of obligations pursuant to section 151.06 ,	3996
151.08, or 151.40 or Chapter 154. of the Revised Code shall submit	3997
to the director:	3998

(a) For review and mutual agreement: the projected sale date,	3999
amount, and type of obligations proposed to be sold; their	4000
purpose, security, and source of payment; and the proposed	4001
structure and maturity schedule;	4002

(b) For review and comment: the authorizing order or	4003
resolution; preliminary and final offering documents; method of	4004
sale; preliminary and final pricing information; and any written	4005
reports or recommendations of financial advisors or consultants	4006
relating to those obligations;	4007

(c) Promptly after each sale of those obligations: final	4008
terms, including sale price, maturity schedule and yields, and	4009
sources and uses; names of the original purchasers or	4010
underwriters; a copy of the final offering document and of the	4011
transcript of proceedings; and any other pertinent information	4012
requested by the director.	4013

(4) The issuers of obligations pursuant to Chapter 166.,	4014
~~4981.,~~5507., 5540., or 6121., or section 5531.10, of the Revised	4015
Code shall submit to the director:	4016

(a) For review and comment: the projected sale date, amount,	4017
and type of obligations proposed to be sold; the purpose,	4018
security, and source of payment; and preliminary and final	4019
offering documents;	4020

(b) Promptly after each sale of those obligations: final	4021
terms, including a maturity schedule; names of the original	4022
purchasers or underwriters; a copy of the complete continuing	4023
disclosure agreement pursuant to S.E.C. rule 15c2-12 or equivalent	4024
rule as from time to time in effect; and any other pertinent	4025
information requested by the director.	4026

(5) Not later than thirty days after the end of a fiscal	4027
year, each issuer of obligations subject to divisions (A) and (B)	4028
of this section shall submit to the director and to the treasurer	4029
of state a sale plan for the then current fiscal year for each	4030
type of obligation, projecting the amount and term of each	4031
issuance, the method of sale, and the month of sale.	4032

(B) Issuers of obligations pursuant to section 3318.085 or	4033
Chapter 175., 3366., 3706., 3737., 5537., 6121., or 6123. of the	4034
Revised Code shall submit to the director copies of the	4035
preliminary and final offering documents upon their availability	4036
if not previously submitted pursuant to division (A) of this	4037
section.	4038

(C) Not later than the first day of January of each year,	4039
every state agency obligated to make payments on outstanding	4040
public obligations with respect to which fractionalized interests	4041
have been publicly issued, such as certificates of participation,	4042
shall submit a report to the director of the amounts payable from	4043
state appropriations under those public obligations during the	4044
then current and next two fiscal years, identifying the	4045
appropriation or intended appropriation from which payment is	4046
expected to be made.	4047

(D)(1) Information relating generally to the historic,	4048
current, or future demographics or economy or financial condition	4049
or funds or general operations of the state, and descriptions of	4050
any state contractual obligations relating to public obligations,	4051
to be contained in any offering document, continuing disclosure	4052
document, or written presentation prepared, approved, or provided,	4053
or committed to be provided, by an issuer in connection with the	4054
original issuance and sale of, or rating, remarketing, or credit	4055
enhancement facilities relating to, public obligations referred to	4056
in division (A) of this section shall be approved as to format and	4057
accuracy by the director before being presented, published, or	4058
disseminated in preliminary, draft, or final form, or publicly	4059
filed in paper, electronic, or other format.	4060

(2) Except for information described in division (D)(1) of	4061
this section that is to be contained in an offering document,	4062
continuing disclosure document, or written presentation, division	4063
(D)(1) of this section does not inhibit direct communication	4064
between an issuer and a rating agency, remarketing agent, or	4065
credit enhancement provider concerning an issuance of public	4066
obligations referred to in division (A) of this section or matters	4067
associated with that issuance.	4068

(3) The materials approved and provided pursuant to division	4069
(D) of this section are the information relating to the particular	4070
subjects provided by the state or state agencies that are required	4071
or contemplated by any applicable state or federal securities laws	4072
and any commitments by the state or state agencies made under	4073
those laws. Reliance for the purpose should not be placed on any	4074
other information publicly provided, in any format including	4075
electronic, by any state agency for other purposes, including	4076
general information provided to the public or to portions of the	4077
public. A statement to that effect shall be included in those	4078
materials so approved or provided.	4079

(E) Issuers of obligations referred to in division (A) of	4080
this section may take steps, by formal agreement, covenants in the	4081
proceedings, or otherwise, as may be necessary or appropriate to	4082
comply or permit compliance with applicable lawful disclosure	4083
requirements relating to those obligations, and may, subject to	4084
division (D) of this section, provide, make available, or file	4085
copies of any required disclosure materials as necessary or	4086
appropriate. Any such formal agreement or covenant relating to	4087
subjects referred to in division (D) of this section, and any	4088
description of that agreement or covenant to be contained in any	4089
offering document, shall be approved by the director before being	4090
entered into or published or publicly disseminated in preliminary,	4091
draft, or final form or publicly filed in paper, electronic, or	4092
other format. The director shall be responsible for making all	4093
filings in compliance with those requirements relating to direct	4094
obligations of the state, including fractionalized interests in	4095
those obligations.	4096

(F) No state agency or official shall, without the approval	4097
of the director of budget and management, do either of the	4098
following:	4099

(1) Enter into or commit to enter into a public obligation	4100
under which fractionalized interests in the payments are to be	4101
publicly offered, which payments are anticipated to be made from	4102
money from any source appropriated or to be appropriated by the	4103
general assembly or in which the provision stated in section 9.94	4104
of the Revised Code is not included;	4105

(2) Except as otherwise expressly authorized for the purpose	4106
by law, agree or commit to provide, from money from any source to	4107
be appropriated in the future by the general assembly, financial	4108
assistance to or participation in the costs of capital facilities,	4109
or the payment of debt charges, directly or by way of a credit	4110
enhancement facility, a reserve, rental payments, or otherwise, on	4111
obligations issued to pay costs of capital facilities.	4112

(G) As used in this section, "credit enhancement facilities,"	4113
"debt charges," "fractionalized interests in public obligations,"	4114
"obligor," "public issuer," and "securities" have the same	4115
meanings as in section 133.01 of the Revised Code; "public	4116
obligation" has the same meaning as in division (GG)(2) of section	4117
133.01 of the Revised Code; "obligations" means securities or	4118
public obligations or fractionalized interests in them; "issuers"	4119
means issuers of securities or state obligors on public	4120
obligations; "offering document" means an official statement,	4121
offering circular, private placement memorandum, or prospectus, or	4122
similar document; and "director" means the director of budget and	4123
management or the employee of the office of budget and management	4124
designated by the director for the purpose.	4125

Sec. 127.16. (A) Upon the request of either a state agency	4126
or the director of budget and management and after the controlling	4127
board determines that an emergency or a sufficient economic reason	4128
exists, the controlling board may approve the making of a purchase	4129
without competitive selection as provided in division (B) of this	4130
section.	4131

(B) Except as otherwise provided in this section, no state	4132
agency, using money that has been appropriated to it directly,	4133
shall:	4134

(1) Make any purchase from a particular supplier, that would	4135
amount to fifty thousand dollars or more when combined with both	4136
the amount of all disbursements to the supplier during the fiscal	4137
year for purchases made by the agency and the amount of all	4138
outstanding encumbrances for purchases made by the agency from the	4139
supplier, unless the purchase is made by competitive selection or	4140
with the approval of the controlling board;	4141

(2) Lease real estate from a particular supplier, if the	4142
lease would amount to seventy-five thousand dollars or more when	4143
combined with both the amount of all disbursements to the supplier	4144
during the fiscal year for real estate leases made by the agency	4145
and the amount of all outstanding encumbrances for real estate	4146
leases made by the agency from the supplier, unless the lease is	4147
made by competitive selection or with the approval of the	4148
controlling board.	4149

(C) Any person who authorizes a purchase in violation of	4150
division (B) of this section shall be liable to the state for any	4151
state funds spent on the purchase, and the attorney general shall	4152
collect the amount from the person.	4153

(D) Nothing in division (B) of this section shall be	4154
construed as:	4155

(1) A limitation upon the authority of the director of	4156
transportation as granted in sections 5501.17, 5517.02, and	4157
5525.14 of the Revised Code;	4158

(2) Applying to medicaid provider agreements under Chapter	4159
5111. of the Revised Code or payments or provider agreements under	4160
the disability ~~assistance~~ medical assistance program established	4161
under Chapter 5115. of the Revised Code;	4162

(3) Applying to the purchase of examinations from a sole	4163
supplier by a state licensing board under Title XLVII of the	4164
Revised Code;	4165

(4) Applying to entertainment contracts for the Ohio state	4166
fair entered into by the Ohio expositions commission, provided	4167
that the controlling board has given its approval to the	4168
commission to enter into such contracts and has approved a total	4169
budget amount for such contracts as agreed upon by commission	4170
action, and that the commission causes to be kept itemized records	4171
of the amounts of money spent under each contract and annually	4172
files those records with the clerk of the house of representatives	4173
and the clerk of the senate following the close of the fair;	4174

(5) Limiting the authority of the chief of the division of	4175
mineral resources management to contract for reclamation work with	4176
an operator mining adjacent land as provided in section 1513.27 of	4177
the Revised Code;	4178

(6) Applying to investment transactions and procedures of any	4179
state agency, except that the agency shall file with the board the	4180
name of any person with whom the agency contracts to make, broker,	4181
service, or otherwise manage its investments, as well as the	4182
commission, rate, or schedule of charges of such person with	4183
respect to any investment transactions to be undertaken on behalf	4184
of the agency. The filing shall be in a form and at such times as	4185
the board considers appropriate.	4186

(7) Applying to purchases made with money for the per cent	4187
for arts program established by section 3379.10 of the Revised	4188
Code;	4189

(8) Applying to purchases made by the rehabilitation services	4190
commission of services, or supplies, that are provided to persons	4191
with disabilities, or to purchases made by the commission in	4192
connection with the eligibility determinations it makes for	4193
applicants of programs administered by the social security	4194
administration;	4195

(9) Applying to payments by the department of job and family	4196
services under section 5111.13 of the Revised Code for group	4197
health plan premiums, deductibles, coinsurance, and other	4198
cost-sharing expenses;	4199

(10) Applying to any agency of the legislative branch of the	4200
state government;	4201

(11) Applying to agreements or contracts entered into under	4202
section 5101.11, 5101.21, or 5101.211 of the Revised Code;	4203

(12) Applying to purchases of services by the adult parole	4204
authority under section 2967.14 of the Revised Code or by the	4205
department of youth services under section 5139.08 of the Revised	4206
Code;	4207

(13) Applying to dues or fees paid for membership in an	4208
organization or association;	4209

(14) Applying to purchases of utility services pursuant to	4210
section 9.30 of the Revised Code;	4211

(15) Applying to purchases made in accordance with rules	4212
adopted by the department of administrative services of motor	4213
vehicle, aviation, or watercraft fuel, or emergency repairs of	4214
such vehicles;	4215

(16) Applying to purchases of tickets for passenger air	4216
transportation;	4217

(17) Applying to purchases necessary to provide public	4218
notifications required by law or to provide notifications of job	4219
openings;	4220

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

4221

(19) Applying to purchases of liquor for resale by the	4222
division of liquor control;	4223

(20) Applying to purchases of motor courier and freight	4224
services made in accordance with department of administrative	4225
services rules;	4226

(21) Applying to purchases from the United States postal	4227
service and purchases of stamps and postal meter replenishment	4228
from vendors at rates established by the United States postal	4229
service;	4230

(22) Applying to purchases of books, periodicals, pamphlets,	4231
newspapers, maintenance subscriptions, and other published	4232
materials;	4233

(23) Applying to purchases from other state agencies,	4234
including state-assisted institutions of higher education;	4235

(24) Limiting the authority of the director of environmental	4236
protection to enter into contracts under division (D) of section	4237
3745.14 of the Revised Code to conduct compliance reviews, as	4238
defined in division (A) of that section;	4239

(25) Applying to purchases from a qualified nonprofit agency	4240
pursuant to sections 4115.31 to 4115.35 of the Revised Code;	4241

(26) Applying to payments by the department of job and family	4242
services to the United States department of health and human	4243
services for printing and mailing notices pertaining to the tax	4244
refund offset program of the internal revenue service of the	4245
United States department of the treasury;	4246

(27) Applying to contracts entered into by the department of	4247
mental retardation and developmental disabilities under sections	4248
5123.18, 5123.182, and ~~5111.252~~5123.199 of the Revised Code;	4249

(28) Applying to payments made by the department of mental	4250
health under a physician recruitment program authorized by section	4251
5119.101 of the Revised Code;	4252

(29) Applying to contracts entered into with persons by the	4253
director of commerce for unclaimed funds collection and remittance	4254
efforts as provided in division (F) of section 169.03 of the	4255
Revised Code. The director shall keep an itemized accounting of	4256
unclaimed funds collected by those persons and amounts paid to	4257
them for their services.	4258

(30) Applying to purchases made by a state institution of	4259
higher education in accordance with the terms of a contract	4260
between the vendor and an inter-university purchasing group	4261
comprised of purchasing officers of state institutions of higher	4262
education;	4263

(31) Applying to the department of job and family services'	4264
purchases of health assistance services under the children's	4265
health insurance program part I provided for under section 5101.50	4266
of the Revised Code or the children's health insurance program	4267
part II provided for under section 5101.51 of the Revised Code;	4268

(32) Applying to payments by the attorney general from the	4269
reparations fund to hospitals and other emergency medical	4270
facilities for performing medical examinations to collect physical	4271
evidence pursuant to section 2907.28 of the Revised Code;	4272

(33) Applying to contracts with a contracting authority or	4273
administrative receiver under division (G)(2) of section 5126.055	4274
of the Revised Code.	4275

(E) Notwithstanding division (B)(1) of this section, the	4276
cumulative purchase threshold shall be seventy-five thousand	4277
dollars for the departments of mental retardation and	4278
developmental disabilities, mental health, rehabilitation and	4279
correction, and youth services.	4280

(F) When determining whether a state agency has reached the	4281
cumulative purchase thresholds established in divisions (B)(1),	4282
(B)(2), and (E) of this section, all of the following purchases by	4283
such agency shall not be considered:	4284

(1) Purchases made through competitive selection or with	4285
controlling board approval;	4286

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

4287

(3) For the purposes of the thresholds of divisions (B)(1)	4288
and (E) of this section only, leases of real estate.	4289

(G) As used in this section, "competitive selection,"	4290
"purchase," "supplies," and "services" have the same meanings as	4291
in section 125.01 of the Revised Code.	4292

Sec. 131.02. (A) Whenever any amount is payable to the state,	4293
the officer, employee, or agent responsible for administering the	4294
law under which the amount is payable shall immediately proceed to	4295
collect the amount or cause the amount to be collected and shall	4296
pay the amount into the state treasury or into the appropriate	4297
custodial fund in the manner set forth pursuant to section 113.08	4298
of the Revised Code. If the amount is not paid within forty-five	4299
days after payment is due, the officer, employee, or agent shall	4300
certify the amount due to the attorney general, in the form and	4301
manner prescribed by the attorney general, and notify the director	4302
of budget and management thereof.	4303

(B)(1) The attorney general shall give immediate notice by	4304
mail or otherwise to the party indebted of the nature and amount	4305
of the indebtedness.	4306

(2) If the amount payable to this state arises from a tax	4307
levied under Chapter 5733., 5739., 5741., or 5747. of the Revised	4308
Code, the notice also shall specify all of the following:	4309

(a) The assessment or case number;

4310

(b) The tax pursuant to which the assessment is made;

4311

(c) The reason for the liability, including, if applicable,	4312
that a penalty or interest is due;	4313

(d) An explanation of how and when interest will be added to	4314
the amount assessed;	4315

(e) That the attorney general and tax commissioner, acting	4316
together, have the authority, but are not required, to compromise	4317
the claim and accept payment over a reasonable time, if such	4318
actions are in the best interest of the state.	4319

(C) The attorney general shall collect the claim or secure a	4320
judgment and issue an execution for its collection.	4321

(D) Each claim shall bear interest, from the day on which the	4322
claim became due, at the ~~base~~ rate per annum ~~for advances and~~	4323
~~discounts to member banks in effect at the federal reserve bank in~~	4324
required by section 5703.47 of the ~~second federal reserve district~~	4325
Revised Code.	4326

(E) The attorney general and the chief officer of the agency	4327
reporting a claim, acting together, may do ~~either or both~~any of	4328
the following if such action is in the best interests of the	4329
state:	4330

(1) Compromise the claim;

4331

(2) Extend for a reasonable period the time for payment of	4332
the claim by agreeing to accept monthly or other periodic	4333
payments. The agreement may require security for payment of the	4334
claim.	4335

(3) Add fees to recover the cost of processing checks or	4336
other draft instruments returned for insufficient funds and the	4337
cost of providing electronic payment options.	4338

Sec. 131.23. The various political subdivisions of this	4339
state may issue bonds, and any indebtedness created by such	4340
issuance shall not be subject to the limitations or included in	4341
the calculation of indebtedness prescribed by sections 133.05,	4342
133.06, 133.07, and 133.09 of the Revised Code, but such bonds may	4343
be issued only under the following conditions:	4344

(A) The subdivision desiring to issue such bonds shall obtain	4345
from the county auditor a certificate showing the total amount of	4346
delinquent taxes due and unpayable to such subdivision at the last	4347
semiannual tax settlement.	4348

(B) The fiscal officer of that subdivision shall prepare a	4349
statement, from the books of the subdivision, verified by ~~him~~the	4350
fiscal officer under oath, which shall contain the following facts	4351
of such subdivision:	4352

(1) The total bonded indebtedness;

4353

(2) The aggregate amount of notes payable or outstanding	4354
accounts of the subdivision, incurred prior to the commencement of	4355
the current fiscal year, which shall include all evidences of	4356
indebtedness issued by the subdivision except notes issued in	4357
anticipation of bond issues and the indebtedness of any	4358
nontax-supported public utility;	4359

(3) Except in the case of school districts, the aggregate	4360
current year's requirement for disability financial assistance and	4361
disability medical assistance provided under Chapter 5115. of the	4362
Revised Code that the subdivision is unable to finance except by	4363
the issue of bonds;	4364

(4) The indebtedness outstanding through the issuance of any	4365
bonds or notes pledged or obligated to be paid by any delinquent	4366
taxes;	4367

(5) The total of any other indebtedness;

4368

(6) The net amount of delinquent taxes unpledged to pay any	4369
bonds, notes, or certificates, including delinquent assessments on	4370
improvements on which the bonds have been paid;	4371

(7) The budget requirements for the fiscal year for bond and	4372
note retirement;	4373

(8) The estimated revenue for the fiscal year.

4374

(C) The certificate and statement provided for in divisions	4375
(A) and (B) of this section shall be forwarded to the tax	4376
commissioner together with a request for authority to issue bonds	4377
of such subdivision in an amount not to exceed seventy per cent of	4378
the net unobligated delinquent taxes and assessments due and owing	4379
to such subdivision, as set forth in division (B)(6) of this	4380
section.	4381

(D) No subdivision may issue bonds under this section in	4382
excess of a sufficient amount to pay the indebtedness of the	4383
subdivision as shown by division (B)(2) of this section and,	4384
except in the case of school districts, to provide funds for	4385
disability financial assistance and disability medical assistance,	4386
as shown by division (B)(3) of this section.	4387

(E) The tax commissioner shall grant to such subdivision	4388
authority requested by such subdivision as restricted by divisions	4389
(C) and (D) of this section and shall make a record of the	4390
certificate, statement, and grant in a record book devoted solely	4391
to such recording and which shall be open to inspection by the	4392
public.	4393

(F) The commissioner shall immediately upon issuing the	4394
authority provided in division (E) of this section notify the	4395
proper authority having charge of the retirement of bonds of such	4396
subdivision by forwarding a copy of such grant of authority and of	4397
the statement provided for in division (B) of this section.	4398

(G) Upon receipt of authority, the subdivision shall proceed	4399
according to law to issue the amount of bonds authorized by the	4400
commissioner, and authorized by the taxing authority, provided the	4401
taxing authority of that subdivision may by resolution submit to	4402
the electors of that subdivision the question of issuing such	4403
bonds. Such resolution shall make the declarations and statements	4404
required by section 133.18 of the Revised Code. The county auditor	4405
and taxing authority shall thereupon proceed as set forth in	4406
divisions (C) and (D) of such section. The election on the	4407
question of issuing such bonds shall be held under divisions (E),	4408
(F), and (G) of such section, except that publication of the	4409
notice of such election shall be made on four separate days prior	4410
to such election in one or more newspapers of general circulation	4411
in the subdivisions. Such bonds may be exchanged at their face	4412
value with creditors of the subdivision in liquidating the	4413
indebtedness described and enumerated in division (B)(2) of this	4414
section or may be sold as provided in Chapter 133. of the Revised	4415
Code, and in either event shall be uncontestable.	4416

(H) The per cent of delinquent taxes and assessments	4417
collected for and to the credit of the subdivision after the	4418
exchange or sale of bonds as certified by the commissioner shall	4419
be paid to the authority having charge of the sinking fund of the	4420
subdivision, which money shall be placed in a separate fund for	4421
the purpose of retiring the bonds so issued. The proper authority	4422
of the subdivisions shall provide for the levying of a tax	4423
sufficient in amount to pay the debt charges on all such bonds	4424
issued under this section.	4425

(I) This section is for the sole purpose of assisting the	4426
various subdivisions in paying their unsecured indebtedness, and	4427
providing funds for disability financial assistance and disability	4428
medical assistance. The bonds issued under authority of this	4429
section shall not be used for any other purpose and any exchange	4430
for other purposes, or the use of the money derived from the sale	4431
of such bonds by the subdivision for any other purpose, is	4432
misapplication of funds.	4433

(J) The bonds authorized by this section shall be redeemable	4434
or payable in not to exceed ten years from date of issue and shall	4435
not be subject to or considered in calculating the net	4436
indebtedness of the subdivision. The budget commission of the	4437
county in which the subdivision is located shall annually allocate	4438
such portion of the then delinquent levy due such subdivision	4439
which is unpledged for other purposes to the payment of debt	4440
charges on the bonds issued under authority of this section.	4441

(K) The issue of bonds under this section shall be governed	4442
by Chapter 133. of the Revised Code, respecting the terms used,	4443
forms, manner of sale, and redemption except as otherwise provided	4444
in this section.	4445

The board of county commissioners of any county may issue	4446
bonds authorized by this section and distribute the proceeds of	4447
such bond issues to any or all of the cities and townships of such	4448
counties, according to their relative needs for disability	4449
financial assistance and disability medical assistance as	4450
determined by such county.	4451

All sections of the Revised Code inconsistent with or	4452
prohibiting the exercise of the authority conferred by this	4453
section are inoperative respecting bonds issued under this	4454
section.	4455

Sec. 131.35. (A) With respect to the federal funds received	4456
into any fund of the state from which transfers may be made under	4457
division (D) of section 127.14 of the Revised Code:	4458

(1) No state agency may make expenditures of any federal	4459
funds, whether such funds are advanced prior to expenditure or as	4460
reimbursement, unless such expenditures are made pursuant to	4461
specific appropriations of the general assembly ~~identifying the~~	4462
~~federal program that is the source of funds, are authorized~~	4463
~~pursuant to section 131.38 of the Revised Code~~, are authorized by	4464
the controlling board pursuant to division (A)(5) of this section,	4465
or are authorized by an executive order issued in accordance with	4466
section 107.17 of the Revised Code, and until an allotment has	4467
been approved by the director of budget and management. All	4468
federal funds received by a state agency shall be reported to the	4469
director within fifteen days of the receipt of such funds or the	4470
notification of award, whichever occurs first. The director shall	4471
prescribe the forms and procedures to be used when reporting the	4472
receipt of federal funds.	4473

(2) If the federal funds received are greater than the amount	4474
of such funds appropriated by the general assembly for a specific	4475
purpose, the total appropriation of federal and state funds for	4476
such purpose shall remain at the amount designated by the general	4477
assembly, except that the expenditure of federal funds received in	4478
excess of such specific appropriation may be authorized by the	4479
controlling board.	4480

(3) To the extent that the expenditure of excess federal	4481
funds is authorized, the controlling board may transfer a like	4482
amount of general revenue fund appropriation authority from the	4483
affected agency to the emergency purposes appropriation of the	4484
controlling board, if such action is permitted under federal	4485
regulations.	4486

(4) Additional funds may be created by the controlling board	4487
to receive revenues not anticipated in an appropriations act for	4488
the biennium in which such new revenues are received. Expenditures	4489
from such additional funds may be authorized by the controlling	4490
board, but such authorization shall not extend beyond the end of	4491
the biennium in which such funds are created.	4492

(5) Controlling board authorization for a state agency to	4493
make an expenditure of federal funds constitutes authority for the	4494
agency to participate in the federal program providing the funds,	4495
and the agency is not required to obtain an executive order under	4496
section 107.17 of the Revised Code to participate in the federal	4497
program.	4498

(B) With respect to nonfederal funds received into the	4499
waterways safety fund, the wildlife fund, and any fund of the	4500
state from which transfers may be made under division (D) of	4501
section 127.14 of the Revised Code:	4502

(1) No state agency may make expenditures of any such funds	4503
unless the expenditures are made pursuant to specific	4504
appropriations of the general assembly.	4505

(2) If the receipts received into any fund are greater than	4506
the amount appropriated, the appropriation for that fund shall	4507
remain at the amount designated by the general assembly or as	4508
increased and approved by the controlling board.	4509

(3) Additional funds may be created by the controlling board	4510
to receive revenues not anticipated in an appropriations act for	4511
the biennium in which such new revenues are received. Expenditures	4512
from such additional funds may be authorized by the controlling	4513
board, but such authorization shall not extend beyond the end of	4514
the biennium in which such funds are created.	4515

(C) The controlling board shall not authorize more than ten	4516
per cent of additional spending from the occupational licensing	4517
and regulatory fund, created in section 4743.05 of the Revised	4518
Code, in excess of any appropriation made by the general assembly	4519
to a licensing agency except an appropriation for costs related to	4520
the examination or reexamination of applicants for a license. As	4521
used in this division, "licensing agency" and "license" have the	4522
same meanings as in section 4745.01 of the Revised Code.	4523

Sec. 135.22. (A) For purposes of this section:

4524

(1) "Treasurer" has the same meaning as in section 135.01 of	4525
the Revised Code, but does not include the treasurer of state.	4526
"Treasurer" includes any person whose duties include making	4527
investment decisions with respect to the investment or deposit of	4528
interim moneys.	4529

(2) "Subdivision" has the same meaning as in section 135.01	4530
of the Revised Code.	4531

(B) To enhance the background and working knowledge of	4532
treasurers in investments, cash management, and ethics, the	4533
treasurer of state shall provide annual continuing education	4534
programs for treasurers. A treasurer ~~annually~~on a biennial basis	4535
shall complete the continuing education programs described in this	4536
section, unless the treasurer ~~annually~~ provides a notice of	4537
exemption described in division (E) of this section.	4538

(C) The treasurer of state shall determine the manner,	4539
content, and length of the continuing education programs after	4540
consultation with appropriate statewide organizations of local	4541
government officials.	4542

(D) Upon successful completion of a continuing education	4543
program required by this section, the treasurer of state shall	4544
issue a certificate indicating that the treasurer has successfully	4545
completed the continuing education program prescribed by the	4546
treasurer of state. The treasurer of state shall forward to the	4547
auditor of state any certificates issued pursuant to this division	4548
by the treasurer of state. The auditor of state shall maintain in	4549
the ~~auditor's~~auditor of state's records any certificates	4550
forwarded by the treasurer of state pursuant to this division. As	4551
part of the auditor of state's audit of the subdivision conducted	4552
in accordance with section 117.11 of the Revised Code, the auditor	4553
of state shall report whether the treasurer is in compliance with	4554
this section of the Revised Code.	4555

(E) Division (B) of this section does not apply to any	4556
treasurer who ~~annually~~ provides a notice of exemption to the	4557
auditor of state. The notice shall be certified by the treasurer	4558
of state and shall provide that the treasurer is not subject to	4559
the continuing education requirements set forth in division (B) of	4560
this section, because the treasurer invests or deposits public	4561
moneys in the following investments only:	4562

(1) Interim deposits pursuant to division (B)(3) of section	4563
135.14 of the Revised Code;	4564

(2) No-load money market mutual funds pursuant to division	4565
(B)(5) of section 135.14 of the Revised Code;	4566

(3) The Ohio subdivision's fund pursuant to division (B)(6)	4567
of section 135.14 of the Revised Code.	4568

(F) In carrying out the duties required by this section, the	4569
treasurer of state may charge the subdivision served by the	4570
treasurer a registration fee that will meet actual and necessary	4571
expenses in connection with the training of the treasurer,	4572
including instruction fees, site acquisition costs, and the cost	4573
of course materials. Any necessary personal expenses of a	4574
treasurer incurred as a result of attending the continuing	4575
education courses shall be borne by the subdivision represented by	4576
the treasurer.	4577

(G) The treasurer of state may allow any other interested	4578
person to attend any of the continuing education programs that are	4579
held pursuant to this section, provided that before attending any	4580
such continuing education program, the interested person has paid	4581
to the treasurer of state the full registration fee set for the	4582
continuing education program.	4583

(H) All funds collected pursuant to this section shall be	4584
paid into the county treasurer education fund created pursuant to	4585
section 321.46 of the Revised Code, and the actual and necessary	4586
expenses of the treasurer of state in conducting the continuing	4587
education programs required by this section shall be paid from	4588
this fund.	4589

(I) The treasurer of state may adopt reasonable rules not	4590
inconsistent with this section for the implementation of this	4591
section.	4592

Sec. 141.011. Beginning in calendar year 2001, the annual	4593
salaries of the elective officers of the state shall be as follows	4594
rather than as prescribed by divisions (A) to (F) of section	4595
141.01 of the Revised Code:	4596

(A)(1) In calendar year 2001 the annual salary of the	4597
governor shall be one hundred twenty-six thousand four hundred	4598
ninety-seven dollars.	4599

(2) In calendar years 2002 through 2006 the annual salary of	4600
the governor shall be one hundred thirty thousand two hundred	4601
ninety-two dollars.	4602

(3) In calendar year 2007 the annual salary of the governor	4603
shall be the annual salary in 2006 increased by each of the	4604
following percentages in succession:	4605

(a) The lesser of three per cent or the percentage increase,	4606
if any, in the consumer price index from October 1, 2001, to	4607
September 30, 2002, rounded to the nearest one-tenth of one per	4608
cent;	4609

(b) The lesser of three per cent or the percentage increase,	4610
if any, in the consumer price index from October 1, 2002, to	4611
September 30, 2003, rounded to the nearest one-tenth of one per	4612
cent;	4613

(c) The lesser of three per cent or the percentage increase,	4614
if any, in the consumer price index from October 1, 2003, to	4615
September 30, 2004, rounded to the nearest one-tenth of one per	4616
cent;	4617

(d) The lesser of three per cent or the percentage increase,	4618
if any, in the consumer price index from October 1, 2004, to	4619
September 30, 2005, rounded to the nearest one-tenth of one per	4620
cent;	4621

(e) The lesser of three per cent or the percentage increase,	4622
if any, in the consumer price index from October 1, 2005, to	4623
September 30, 2006, rounded to the nearest one-tenth of one per	4624
cent.	4625

(4) In calendar year 2008 and thereafter, the annual salary	4626
of the governor shall be the annual salary in 2007 increased by	4627
the lesser of the following:	4628

(a) Three per cent;

4629

(b) The percentage increase, if any, in the consumer price	4630
index from October 1, 2006, to September 30, 2007, rounded to the	4631
nearest one-tenth of one per cent.	4632

(B)(1) In calendar year 2001 the annual salary of the	4633
lieutenant governor shall be sixty-six thousand three hundred six	4634
dollars.	4635

(2) In calendar years 2002 through 2006 the annual salary of	4636
the lieutenant governor shall be sixty-eight thousand two hundred	4637
ninety-five dollars.	4638

(3) In calendar year 2007 the annual salary of the lieutenant	4639
governor shall be the annual salary in 2006 increased by each of	4640
the following percentages in succession:	4641

(a) The lesser of three per cent or the percentage increase,	4642
if any, in the consumer price index from October 1, 2001, to	4643
September 30, 2002, rounded to the nearest one-tenth of one per	4644
cent;	4645

(b) The lesser of three per cent or the percentage increase,	4646
if any, in the consumer price index from October 1, 2002, to	4647
September 30, 2003, rounded to the nearest one-tenth of one per	4648
cent;	4649

(c) The lesser of three per cent or the percentage increase,	4650
if any, in the consumer price index from October 1, 2003, to	4651
September 30, 2004, rounded to the nearest one-tenth of one per	4652
cent;	4653

(d) The lesser of three per cent or the percentage increase,	4654
if any, in the consumer price index from October 1, 2004, to	4655
September 30, 2005, rounded to the nearest one-tenth of one per	4656
cent;	4657

(e) The lesser of three per cent or the percentage increase,	4658
if any, in the consumer price index from October 1, 2005, to	4659
September 30, 2006, rounded to the nearest one-tenth of one per	4660
cent.	4661

(4) In calendar year 2008 and thereafter, the annual salary	4662
of the lieutenant governor shall be the annual salary in 2007	4663
increased by the lesser of the following:	4664

(a) Three per cent;

4665

(b) The percentage increase, if any, in the consumer price	4666
index from October 1, 2006 to September 30, 2007, rounded to the	4667
nearest one-tenth of one per cent.	4668

If the governor appoints the lieutenant governor as an	4669
administrative department head ~~or as the director of the office of~~	4670
~~criminal justice services under section 108.05 of the Revised~~	4671
~~Code~~, the lieutenant governor may accept the salary for that	4672
office while serving as its head in lieu of the salary for the	4673
office of lieutenant governor.	4674

(C)(1) In calendar year 2001 the annual salary of the	4675
secretary of state, auditor of state, treasurer of state, and	4676
attorney general shall be ninety-three thousand four hundred	4677
forty-seven dollars.	4678

(2) In calendar year 2002 the annual salary of the secretary	4679
of state, auditor of state, treasurer of state, and attorney	4680
general shall be ninety-six thousand two hundred fifty dollars.	4681

(3) In each calendar year from 2003 through 2008, the annual	4682
salary of the secretary of state, auditor of state, treasurer of	4683
state, and attorney general shall be increased by the lesser of	4684
the following:	4685

(a) Three per cent;

4686

(b) The percentage increase, if any, in the consumer price	4687
index over the twelve-month period that ends on the thirtieth day	4688
of September of the immediately preceding year, rounded to the	4689
nearest one-tenth of one per cent.	4690

(D) Upon the death of an elected executive officer of the	4691
state listed in divisions (A) to (F) of section 141.01 of the	4692
Revised Code during that person's term of office, an amount shall	4693
be paid in accordance with section 2113.04 of the Revised Code, or	4694
to that person's estate. The amount shall equal the amount of the	4695
salary that the officer would have received during the remainder	4696
of the officer's unexpired term or an amount equal to the salary	4697
of that person's office for two years, whichever is less.	4698

(E) As used in this section, "consumer price index" has the	4699
same meaning as in section 101.27 of the Revised Code.	4700

Sec. 147.01. (A) The secretary of state may appoint and	4701
commission as notaries public as many persons who meet the	4702
qualifications of division (B) of this section as the secretary of	4703
state considers necessary.	4704

(B) In order for a person to qualify to be appointed and	4705
commissioned as a notary public, the person must satisfy both of	4706
the following:	4707

(1) The person has attained the age of eighteen years.

4708

(2) One of the following applies:

4709

(a) The person is a ~~citizen~~legal resident of this state who	4710
is not an attorney admitted to the practice of law in this state	4711
by the Ohio supreme court.	4712

(b) The person is a ~~citizen~~legal resident of this state who	4713
is an attorney admitted to the practice of law in this state by	4714
the Ohio supreme court.	4715

(c) The person is not a ~~citizen~~legal resident of this state,	4716
is an attorney admitted to the practice of law in this state by	4717
the Ohio supreme court, and has the person's principal place of	4718
business or the person's primary practice in this state.	4719

(C) A notary public shall be appointed and commissioned as a	4720
notary public for the state. The secretary of state may revoke a	4721
commission issued to a notary public upon presentation of	4722
satisfactory evidence of official misconduct or incapacity.	4723

Sec. 147.37. Each person receiving a commission as notary	4724
public, ~~except~~including an attorney admitted to the practice of	4725
law in this state by the Ohio supreme court, shall pay a fee of	4726
~~five~~fifteen dollars to the secretary of state. ~~Each person~~	4727
~~receiving a commission as a notary public who is an attorney~~	4728
~~admitted to the practice of law in this state by the Ohio supreme~~	4729
~~court shall pay a fee of ten dollars to the secretary of state.~~	4730

Sec. 149.011. As used in this chapter:

4731

(A) "Public office" includes any state agency, public	4732
institution, political subdivision, or ~~any~~ other organized body,	4733
office, agency, institution, or entity established by the laws of	4734
this state for the exercise of any function of government.	4735

(B) "State agency" includes every department, bureau, board,	4736
commission, office, or other organized body established by the	4737
constitution and laws of this state for the exercise of any	4738
function of state government, including any state-supported	4739
institution of higher education, the general assembly, or any	4740
legislative agency, any court or judicial agency, or any political	4741
subdivision or agency ~~thereof~~of a political subdivision.	4742

(C) "Public money" includes all money received or collected	4743
by or due a public official, whether in accordance with or under	4744
authority of any law, ordinance, resolution, or order, under color	4745
of office, or otherwise. It also includes any money collected by	4746
any individual on behalf of a public office or as a purported	4747
representative or agent of the public office.	4748

(D) "Public official" includes all officers, employees, or	4749
duly authorized representatives or agents of a public office.	4750

(E) "Color of office" includes any act purported or alleged	4751
to be done under any law, ordinance, resolution, order, or other	4752
pretension to official right, power, or authority.	4753

(F) "Archive" includes any public record that is transferred	4754
to the state archives or other designated archival institutions	4755
because of the historical information contained on it.	4756

(G) "Records" includes any document, device, or item,	4757
regardless of physical form or characteristic, including an	4758
electronic record as defined in section 1306.01 of the Revised	4759
Code, created or received by or coming under the jurisdiction of	4760
any public office of the state or its political subdivisions,	4761
which serves to document the organization, functions, policies,	4762
decisions, procedures, operations, or other activities of the	4763
office.	4764

Sec. 149.30. The Ohio historical society, chartered by this	4765
state as a corporation not for profit to promote a knowledge of	4766
history and archaeology, especially of Ohio, and operated	4767
continuously in the public interest since 1885, may perform public	4768
functions as prescribed by law.	4769

The general assembly may appropriate money to the Ohio	4770
historical society each biennium to carry out the public functions	4771
of the society as enumerated in this section. An appropriation by	4772
the general assembly to the society constitutes an offer to	4773
contract with the society to carry out those public functions for	4774
which appropriations are made. An acceptance by the society of the	4775
appropriated funds constitutes an acceptance by the society of the	4776
offer and is considered an agreement by the society to perform	4777
those functions in accordance with the terms of the appropriation	4778
and the law and to expend the funds only for the purposes for	4779
which appropriated. The governor may request on behalf of the	4780
society, and the controlling board may release, additional funds	4781
to the society for survey, salvage, repair, or rehabilitation of	4782
an emergency nature for which funds have not been appropriated,	4783
and acceptance by the society of those funds constitutes an	4784
agreement on the part of the society to expend those funds only	4785
for the purpose for which released by the controlling board.	4786

The society shall faithfully expend and apply all moneys	4787
received from the state to the uses and purposes directed by law	4788
and for necessary administrative expenses. The society shall	4789
perform the public function of sending notice by certified mail to	4790
the owner of any property at the time it is listed on the national	4791
register of historic places. The society shall accurately record	4792
all expenditures of such funds in conformity with generally	4793
accepted accounting principles.	4794

The auditor of state shall audit all funds and fiscal records	4795
of the society.	4796

The public functions to be performed by the Ohio historical	4797
society shall include all of the following:	4798

(A) Creating, supervising, operating, protecting,	4799
maintaining, and promoting for public use a system of state	4800
memorials, titles to which may reside wholly or in part with this	4801
state or wholly or in part with the society as provided in and in	4802
conformity to appropriate acts and resolves of the general	4803
assembly, and leasing for renewable periods of two years or less,	4804
with the advice and consent of the attorney general and the	4805
director of administrative services, lands and buildings owned by	4806
the state which are in the care, custody, and control of the	4807
society, all of which shall be maintained and kept for public use	4808
at reasonable hours;	4809

(B) Making alterations and improvements, marking, and	4810
constructing, reconstructing, protecting, or restoring structures,	4811
earthworks, and monuments in its care, and equipping such	4812
facilities with appropriate educational maintenance facilities;	4813

(C) Serving as the archives administration for the state and	4814
its political subdivisions as provided in sections 149.31 to	4815
149.42 of the Revised Code;	4816

(D) Administering a state historical museum, to be the	4817
headquarters of the society and its principal museum and library,	4818
which shall be maintained and kept for public use at reasonable	4819
hours;	4820

(E) Establishing a marking system to identify all designated	4821
historic and archaeological sites within the state and marking or	4822
causing to be marked historic sites and communities considered by	4823
the society to be historically or archaeologically significant;	4824

(F) Publishing books, pamphlets, periodicals, and other	4825
publications about history, archaeology, and natural science and	4826
~~supplying~~offering one copy of each regular periodical issue to	4827
all public libraries in this state ~~without charge~~at a reasonable	4828
price, which shall not exceed ten per cent of the total cost of	4829
publication;	4830

(G) Engaging in research in history, archaeology, and natural	4831
science and providing historical information upon request to all	4832
state agencies;	4833

(H) Collecting, preserving, and making available by all	4834
appropriate means and under approved safeguards all manuscript,	4835
print, or near-print library collections and all historical	4836
objects, specimens, and artifacts which pertain to the history of	4837
Ohio and its people, including the following original documents:	4838
Ohio Constitution of 1802; Ohio Constitution of 1851; proposed	4839
Ohio Constitution of 1875; design and the letters of patent and	4840
assignment of patent for the state flag; S.J.R. 13 (1873); S.J.R.	4841
53 (1875); S.J.R. 72 (1875); S.J.R. 50 (1883); H.J.R. 73 (1883);	4842
S.J.R. 28 (1885); H.J.R. 67 (1885); S.J.R. 17 (1902); S.J.R. 28	4843
(1902); H.J.R. 39 (1902); S.J.R. 23 (1903); H.J.R. 19 (1904);	4844
S.J.R. 16 (1905); H.J.R. 41 (1913); H.J.R. 34 (1917); petition	4845
form (2) (1918); S.J.R. 6 (1921); H.J.R. 5 (1923); H.J.R. 40	4846
(1923); H.J.R. 8 (1929); H.J.R. 20 (1929); S.J.R. 4 (1933);	4847
petition form (2) (1933); S.J.R. 57 (1936); petition form (1936);	4848
H.J.R. 14 (1942); H.J.R. 15 (1944); H.J.R. 8 (1944); S.J.R. 6	4849
(1947); petition form (1947); H.J.R. 24 (1947); and H.J.R. 48	4850
(1947);	4851

(I) Encouraging and promoting the organization and	4852
development of county and local historical societies;	4853

(J) Providing to Ohio schools ~~with~~ such materials ~~at cost or~~	4854
~~near cost~~ as the society may prepare to facilitate the instruction	4855
of Ohio history at a reasonable price, which shall not exceed ten	4856
per cent of the total cost of preparation;	4857

(K) Providing advisory and technical assistance to local	4858
societies for the preservation and restoration of historic and	4859
archaeological sites;	4860

(L) Devising uniform criteria for the designation of historic	4861
and archaeological sites throughout the state and advising local	4862
historical societies of the criteria and their application;	4863

(M) Taking inventory, in cooperation with the Ohio arts	4864
council, the Ohio archaeological council, and the archaeological	4865
society of Ohio, of significant designated and undesignated state	4866
and local sites and keeping an active registry of all designated	4867
sites within the state;	4868

(N) Contracting with the owners or persons having an interest	4869
in designated historic or archaeological sites or property	4870
adjacent or contiguous to those sites, or acquiring, by purchase,	4871
gift, or devise, easements in those sites or in property adjacent	4872
or contiguous to those sites, in order to control or restrict the	4873
use of those historic or archaeological sites or adjacent or	4874
contiguous property for the purpose of restoring or preserving the	4875
historical or archaeological significance or educational value of	4876
those sites;	4877

(O) Constructing a monument honoring Governor James A.	4878
Rhodes, which shall stand on the northeast quadrant of the grounds	4879
surrounding the capitol building. The monument shall be	4880
constructed with private funds donated to the Ohio historical	4881
society and designated for this purpose. No public funds shall be	4882
expended to construct this monument. The department of	4883
administrative services shall cooperate with the Ohio historical	4884
society in carrying out this function and shall maintain the	4885
monument in a manner compatible with the grounds of the capitol	4886
building.	4887

(P) Commissioning a portrait of each departing governor,	4888
which shall be displayed in the capitol building. The Ohio	4889
historical society may accept private contributions designated for	4890
this purpose and, at the discretion of its board of trustees, also	4891
may apply for the same purpose funds appropriated by the general	4892
assembly to the society pursuant to this section.	4893

(Q) Planning and developing a center at the capitol building	4894
for the purpose of educating visitors about the history of Ohio,	4895
including its political, economic, and social development and the	4896
design and erection of the capitol building and its grounds. The	4897
Ohio historical society may accept contributions of private moneys	4898
and in-kind services designated for this purpose and may, at the	4899
discretion of its board of trustees, also apply, for the same	4900
purpose, personnel and other resources paid in whole or in part by	4901
its state subsidy.	4902

(R) Submitting an annual report of its activities, programs,	4903
and operations to the governor within two months after the close	4904
of each fiscal year of the state.	4905

The society shall not sell, mortgage, transfer, or dispose of	4906
historical or archaeological sites to which it has title and in	4907
which the state has monetary interest except by action of the	4908
general assembly.	4909

In consideration of the public functions performed by the	4910
Ohio historical society for the state, employees of the society	4911
shall be considered public employees within the meaning of section	4912
145.01 of the Revised Code.	4913

Sec. 149.33. (A) The department of administrative services	4914
shall have ~~full~~ responsibility for establishing and administering	4915
a state records program for all state agencies, except for	4916
state-supported institutions of higher education. The department	4917
shall apply efficient and economical management methods to the	4918
creation, utilization, maintenance, retention, preservation, and	4919
disposition of state records.	4920

There is hereby established within the department of	4921
administrative services ~~an office of~~a state records	4922
~~administration~~program, which shall be under the control and	4923
supervision of the director of administrative services or ~~his~~the	4924
director's appointed deputy. ~~The director shall designate an~~	4925
~~administrator of the office of state records administration.~~	4926

(B) The boards of trustees of state-supported institutions of	4927
higher education shall have full responsibility for establishing	4928
and administering a records program for their respective	4929
institutions. The boards shall apply efficient and economical	4930
management methods to the creation, utilization, maintenance,	4931
retention, preservation, and disposition of the records of their	4932
respective institutions.	4933

Sec. 149.331. The state ~~record administration~~records	4934
program of the department of administrative services shall do all	4935
of the following:	4936

(A) Establish and promulgate in consultation with the state	4937
archivist standards, procedures, and techniques for the effective	4938
management of state records;	4939

(B) ~~Make continuing surveys of record-keeping operations and~~	4940
~~recommend improvements in current records management practices~~	4941
~~including the use of space, equipment, and supplies employed in~~	4942
~~creating, maintaining, storing, and servicing records;~~	4943

~~(C) Establish and operate such state records centers and~~	4944
~~auxiliary facilities as may be authorized by appropriation and~~	4945
~~provide such related services as are deemed necessary for the~~	4946
~~preservation, screening, storage, and servicing of state records~~	4947
~~pending disposition;~~	4948

~~(D)~~ Review applications for one-time records disposal and	4949
schedules of records retention and destruction submitted by state	4950
agencies in accordance with section 149.333 of the Revised Code;	4951

~~(E)~~(C) Establish "general schedules" proposing the disposal,	4952
after the lapse of specified periods of time, of records of	4953
specified form or character common to several or all agencies that	4954
either have accumulated or may accumulate in such agencies and	4955
that apparently will not, after the lapse of the periods	4956
specified, have sufficient administrative, legal, fiscal, or other	4957
value to warrant their further preservation by the state;	4958

~~(F)~~(D) Establish and maintain a records management training	4959
program, and provide a basic consulting service, for personnel	4960
involved in record-making and record-keeping functions of	4961
departments, offices, and institutions;	4962

~~(G) Obtain reports from departments, offices, and~~	4963
~~institutions necessary for the effective administration of the~~	4964
~~program;~~	4965

~~(H)~~(E) Provide for the disposition of any remaining records	4966
of any state agency, board, or commission, whether in the	4967
executive, judicial, or legislative branch of government, that has	4968
terminated its operations. After the closing of the Ohio veterans'	4969
children's home, the resident records of the home and the resident	4970
records of the home when it was known as the soldiers' and	4971
sailors' orphans' home required to be maintained by approved	4972
records retention schedules shall be administered by the state	4973
department of education pursuant to this chapter, the	4974
administrative records of the home required to be maintained by	4975
approved records retention schedules shall be administered by the	4976
department of administrative services pursuant to this chapter,	4977
and historical records of the home shall be transferred to an	4978
appropriate archival institution in this state prescribed by the	4979
state ~~record administration~~records program.	4980

~~(I)~~(F) Establish a centralized program coordinating	4981
micrographics standards, training, and services for the benefit of	4982
all state agencies;	4983

~~(J)~~(G) Establish and publish in accordance with the	4984
applicable law necessary procedures and rules for the retention	4985
and disposal of state records.	4986

This section does not apply to the records of state-supported	4987
institutions of higher education, which shall keep their own	4988
records.	4989

Sec. 149.332. Upon request the ~~state records administrator~~	4990
director of administrative services and the state archivist shall	4991
assist and advise in the establishment of records management	4992
programs in the legislative and judicial branches of state	4993
government and shall, as required by them, provide program	4994
services similar to those available to the executive branch	4995
~~pursuant to~~under section 149.33 of the Revised Code. Prior to the	4996
disposal of any records, the state archivist shall be allowed	4997
sixty days to select for preservation in the state archives those	4998
records hethe state archivist determines to have continuing	4999
historical value.	5000

Sec. 149.333. No state agency shall retain, destroy, or	5001
otherwise transfer its state records in violation of this section.	5002
This section does not apply to state-supported institutions of	5003
higher education.	5004

Each state agency shall submit to the state records	5005
~~administrator~~program under the director of administrative	5006
services all applications for records disposal or transfer and all	5007
schedules of records retention and destruction. The state records	5008
~~administrator~~program shall review ~~such~~the applications and	5009
schedules and provide written approval, rejection, or modification	5010
of ~~the~~an application or schedule. The state records ~~administrator~~	5011
program shall then forward the application for records disposal or	5012
transfer or the schedule for retention or destruction, with the	5013
~~administrator's~~program's recommendation attached, to the auditor	5014
of state for review and approval. The decision of the auditor of	5015
state to approve, reject, or modify the ~~applications~~application	5016
or ~~schedules~~schedule shall be based upon the continuing	5017
administrative and fiscal value of the state records to the state	5018
or to its citizens. If the auditor of state disapproves the action	5019
by the state agency, hethe auditor of state shall so inform the	5020
state agency through the state records ~~administrator~~program	5021
within sixty days, and ~~these~~the records shall not be destroyed.	5022
At	5023

At the same time, the state records ~~administrator~~program	5024
shall forward the application for records disposal or transfer or	5025
the schedule for retention or destruction to the state archivist	5026
for review and approval. The state archivist shall have sixty days	5027
to select for custody ~~such~~the state records ~~as he~~ that the state	5028
archivist determines to be of continuing historical value. Records	5029
not so selected shall be disposed of in accordance with this	5030
section.	5031

Sec. 149.34. The head of each state agency, office,	5032
institution, board, or commission shall do the following:	5033

(A) Establish, maintain, and direct an active continuing	5034
program for the effective management of the records of the state	5035
agency;	5036

(B) ~~Cooperate with the state records administrator in the~~	5037
~~conduct of surveys pursuant to section 149.331 of the Revised~~	5038
~~Code;~~	5039

~~(C)~~ Submit to the state records ~~administrator~~program, in	5040
accordance with applicable standards and procedures, schedules	5041
proposing the length of time each record series warrants retention	5042
for administrative, legal, or fiscal purposes after it has been	5043
received or created by the agency. The head ~~of each state agency~~	5044
also shall submit to the state records ~~administrator~~program	5045
applications for disposal of records in ~~his~~the head's custody	5046
that are not needed in the transaction of current business and are	5047
not otherwise scheduled for retention or destruction.	5048

~~(D) Transfer to a state records center or auxiliary~~	5049
~~facilities, in the manner prescribed by the state records~~	5050
~~administrator, those records of the agency that can be retained~~	5051
~~more efficiently and economically in such a center;~~	5052

~~(E)~~(C) Within one year after their date of creation or	5053
receipt, schedule all records for disposition or retention in the	5054
manner prescribed by applicable law and procedures.	5055

This section does not apply to state-supported institutions	5056
of higher education.	5057

Sec. 149.35. If any law prohibits the destruction of	5058
records, ~~neither~~ the ~~state records administrator nor~~director of	5059
administrative services, the director's designee, or the boards of	5060
trustees of state-supported institutions of higher education shall	5061
not order their destruction or other disposition~~, and, if~~. If any	5062
law provides that records shall be kept for a specified period of	5063
time, ~~neither~~ the ~~administrator nor~~director of administrative	5064
services, the director's designee, or the boards shall not order	5065
their destruction or other disposition prior to the expiration of	5066
~~such~~that period.	5067

Sec. 153.65. As used in sections 153.65 to 153.71 of the	5068
Revised Code:	5069

(A) "Public authority" means the state, or a county,	5070
township, municipal corporation, school district, or other	5071
political subdivision, or any public agency, authority, board,	5072
commission, instrumentality, or special district of the state or a	5073
county, township, municipal corporation, school district, or other	5074
political subdivision.	5075

(B) "Professional design firm" means any person legally	5076
engaged in rendering professional design services.	5077

(C) "Professional design services" means services within the	5078
scope of practice of an architect or landscape architect	5079
registered under Chapter 4703. of the Revised Code or a	5080
professional engineer or surveyor registered under Chapter 4733.	5081
of the Revised Code.	5082

(D) "Qualifications" means all of the following:

5083

(1) Competence of the professional design firm to perform the	5084
required professional design services as indicated by the	5085
technical training, education, and experience of the firm's	5086
personnel, especially the technical training, education, and	5087
experience of the employees within the firm who would be assigned	5088
to perform the services;	5089

(2) Ability of the firm in terms of its workload and the	5090
availability of qualified personnel, equipment, and facilities to	5091
perform the required professional design services competently and	5092
expeditiously;	5093

(3) Past performance of the firm as reflected by the	5094
evaluations of previous clients with respect to such factors as	5095
control of costs, quality of work, and meeting of deadlines;	5096

(4) ~~Other similar~~Any other relevant factors as determined by	5097
the public authority.	5098

Sec. 153.691. No public authority planning to contract for	5099
professional design services, prior to selecting and ranking	5100
professional design firms and negotiating a contract with the firm	5101
ranked most qualified to perform the required services under	5102
section 153.69 of the Revised Code, shall seek any form of fee	5103
estimate, fee proposal, or other estimate or measure of	5104
compensation.	5105

Sec. 163.06. (A) A public agency, other than an agency	5106
appropriating property for the purposes described in division (B)	5107
of this section, which qualifies pursuant to Section 19 of Article	5108
I, Ohio Constitution, may deposit with the court at the time of	5109
filing the petition the value of such property appropriated	5110
together with the damages, if any, to the residue, as determined	5111
by the public agency, and thereupon take possession of and enter	5112
upon the property appropriated. The right of possession upon	5113
deposit as provided in this division shall not extend to	5114
structures.	5115

(B) A public agency appropriating property for the purpose of	5116
making or repairing roads which shall be open to the public,	5117
without charge, ~~or for the purpose of implementing rail service~~	5118
~~under Chapter 4981. of the Revised Code,~~ may deposit with the	5119
court at the time of filing the petition the value of such	5120
property appropriated together with the damages, if any, to the	5121
residue, as determined by the public agency, and stated in an	5122
attached declaration of intention to obtain possession and	5123
thereupon take possession of and enter upon the property	5124
appropriated, including structures situated upon the land	5125
appropriated for such purpose or situated partly upon the land	5126
appropriated therefor and partly upon adjoining land, so that such	5127
structures cannot be divided upon the line between such lands	5128
without manifest injury thereto. The jury, in assessing	5129
compensation to any owner of land appropriated under this division	5130
shall assess the value thereof in accordance with section 163.14	5131
of the Revised Code. The owner or occupant of such structures	5132
shall vacate the same within sixty days after service of summons	5133
as required under section 163.07 of the Revised Code, at no cost	5134
to the appropriating agency, after which time the agency may	5135
remove said structures. In the event such structures are to be	5136
removed before the jury has fixed the value of the same, the	5137
court, upon motion of the agency, shall:	5138

(1) Order appraisals to be made by three persons, one to be	5139
named by the owner, one by the county auditor, and one by the	5140
agency. Such appraisals may be used as evidence by the owner or	5141
the agency in the trial of said case but shall not be binding on	5142
said owner, agency, or the jury, and the expense of said	5143
appraisals shall be approved by the court and charged as costs in	5144
said case.	5145

(2) Cause pictures to be taken of all sides of said	5146
structures;	5147

(3) Compile a complete description of said structures, which	5148
shall be preserved as evidence in said case to which the owner or	5149
occupants shall have access.	5150

(C) Any time after the deposit is made by the public agency	5151
under division (A) or (B) of this section, the owner may apply to	5152
the court to withdraw the deposit, and such withdrawal shall in no	5153
way interfere with the action except that the sum so withdrawn	5154
shall be deducted from the sum of the final verdict or award. Upon	5155
such application being made the court shall direct that the sum be	5156
paid to such owner subject to the rights of other parties in	5157
interest provided such parties make timely application as provided	5158
in section 163.18 of the Revised Code. Interest shall not accrue	5159
on any sums withdrawable as provided in this division.	5160

Sec. 164.27. (A) The clean Ohio conservation fund is hereby	5161
created in the state treasury. Seventy-five per cent of the net	5162
proceeds of obligations issued and sold by the issuing authority	5163
pursuant to sections 151.01 and 151.09 of the Revised Code shall	5164
be deposited into the fund. Investment earnings of the fund shall	5165
be credited to the fund~~. For two years after the effective date of~~	5166
~~this section, investment earnings credited to the fund~~and may be	5167
used to pay costs incurred by the Ohio public works commission in	5168
administering sections 164.20 to 164.27 of the Revised Code.	5169
Moneys in the clean Ohio conservation fund shall be used to make	5170
grants to local political subdivisions and nonprofit organizations	5171
for projects that have been approved for grants under sections	5172
164.20 to 164.27 of the Revised Code.	5173

The clean Ohio conservation fund shall be administered by the	5174
Ohio public works commission.	5175

(B) For the purpose of grants issued under sections 164.20 to	5176
164.27 of the Revised Code, moneys shall be allocated on an annual	5177
basis from the clean Ohio conservation fund to districts	5178
represented by natural resources assistance councils as follows:	5179

(1) Each district shall receive an amount that is equal to	5180
one-fourth of one per cent of the total annual amount allocated to	5181
all districts each year for each county that is represented by the	5182
district.	5183

(2) The remaining moneys shall be allocated to each district	5184
annually on a per capita basis.	5185

(C) A grant that is awarded under sections 164.20 to 164.27	5186
of the Revised Code may provide up to seventy-five per cent of the	5187
estimated cost of a project. Matching funds from a grant recipient	5188
may consist of contributions of money by any person, any local	5189
political subdivision, or the federal government or of	5190
contributions in-kind by such entities through the purchase or	5191
donation of equipment, land, easements, interest in land, labor,	5192
or materials necessary to complete the project.	5193

(D) The director of the Ohio public works commission shall	5194
notify the director of budget and management of the amounts	5195
allocated pursuant to this section, and that information shall be	5196
entered in the state accounting system. The director of budget and	5197
management may establish appropriate line items or other	5198
mechanisms that are needed to track the allocations.	5199

(E) Grants awarded under sections 164.20 to 164.27 of the	5200
Revised Code from the clean Ohio conservation fund shall be used	5201
by a local political subdivision or nonprofit organization only to	5202
pay the costs related to the purposes for which grants may be	5203
issued under section 164.22 of the Revised Code and shall not be	5204
used by a local political subdivision or nonprofit organization to	5205
pay any administrative costs incurred by the local political	5206
subdivision or nonprofit organization.	5207

Sec. 173.08. (A) The resident services coordinator program is	5208
established in the department of aging to fund resident services	5209
coordinators. The coordinators shall provide information to	5210
low-income and special-needs tenants, including the elderly, who	5211
live in subsidized rental housing complexes, and assist those	5212
tenants in identifying and obtaining community and program	5213
services and other benefits for which they are eligible.	5214

(B) The resident services coordinator program fund is hereby	5215
created in the state treasury to support the resident services	5216
coordinator program established pursuant to this section. The fund	5217
consists of all moneys the department of development sets aside	5218
pursuant to division (A)(4) of section 175.21 of the Revised Code	5219
and moneys the general assembly appropriates to the fund.	5220

Sec. 173.14. As used in sections 173.14 to 173.26 of the	5221
Revised Code:	5222

(A)(1) Except as otherwise provided in division (A)(2) of	5223
this section, "long-term care facility" includes any residential	5224
facility that provides personal care services for more than	5225
twenty-four hours for two or more unrelated adults, including all	5226
of the following:	5227

(a) A "nursing home," "residential care facility," or "home	5228
for the aging" as defined in section 3721.01 of the Revised Code;	5229

(b) A facility authorized to provide extended care services	5230
under Title XVIII of the "Social Security Act," 49 Stat. 620	5231
(1935), 42 U.S.C. 301, as amended;	5232

(c) A county home or district home operated pursuant to	5233
Chapter 5155. of the Revised Code;	5234

(d) An "adult care facility" as defined in section 3722.01 of	5235
the Revised Code;	5236

(e) A facility approved by the veterans administration under	5237
section 104(a) of the "Veterans Health Care Amendments of 1983,"	5238
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	5239
the placement and care of veterans;	5240

(f) An adult foster home certified under section 173.36 of	5241
the Revised Code.	5242

(2) "Long-term care facility" does not include a "residential	5243
facility" as defined in section 5119.22 of the Revised Code or a	5244
"residential facility" as defined in section 5123.19 of the	5245
Revised Code.	5246

(B) "Resident" means a resident of a long-term care facility	5247
and, where appropriate, includes a prospective, previous, or	5248
deceased resident of a long-term care facility.	5249

(C) "Community-based long-term care services" means health	5250
and social services provided to persons ~~age sixty or older~~ in	5251
their own homes or in community care settings, and includes any of	5252
the following:	5253

(1) Case management;

5254

(2) Home health care;

5255

(3) Homemaker services;

5256

(4) Chore services;

5257

(5) Respite care;

5258

(6) Adult day care;

5259

(7) Home-delivered meals;

5260

(8) Personal care;

5261

(9) Physical, occupational, and speech therapy;

5262

(10) Any other health and social services provided to persons	5263
~~age sixty or older~~ that allow them to retain their independence in	5264
their own homes or in community care settings.	5265

(D) "Recipient" means a recipient of community-based	5266
long-term care services and, where appropriate, includes a	5267
prospective, previous, or deceased recipient of community-based	5268
long-term care services.	5269

(E) "Sponsor" means an adult relative, friend, or guardian	5270
who has an interest in or responsibility for the welfare of a	5271
resident or a recipient.	5272

(F) "Personal care services" has the same meaning as in	5273
section 3721.01 of the Revised Code.	5274

(G) "Regional long-term care ombudsperson program" means an	5275
entity, either public or private and nonprofit, designated as a	5276
regional long-term care ombudsperson program by the state	5277
long-term care ombudsperson.	5278

(H) "Representative of the office of the state long-term care	5279
ombudsperson program" means the state long-term care ombudsperson	5280
or a member of the ombudsperson's staff, or a person certified as	5281
a representative of the office under section 173.21 of the Revised	5282
Code.	5283

(I) "Area agency on aging" means an area agency on aging	5284
established under the "Older Americans Act of 1965," 79 Stat. 219,	5285
42 U.S.C.A. 3001, as amended.	5286

Sec. 173.26. (A) Each of the following facilities shall	5287
annually pay to the department of aging three dollars for each bed	5288
maintained by the facility for use by a resident during any part	5289
of the previous year:	5290

(1) Nursing homes, residential care facilities, and homes for	5291
the aging as defined in section 3721.01 of the Revised Code;	5292

(2) Facilities authorized to provide extended care services	5293
under Title XVIII of the "Social Security Act," 49 Stat. 620	5294
(1935), 42 U.S.C. 301, as amended;	5295

(3) County homes and district homes operated pursuant to	5296
Chapter 5155. of the Revised Code;	5297

(4) Adult care facilities as defined in section 3722.01 of	5298
the Revised Code;	5299

(5) ~~Adult foster homes certified under section 173.36 of the~~	5300
~~Revised Code;~~	5301

~~(6)~~ Facilities approved by the Veterans Administration under	5302
Section 104(a) of the "Veterans Health Care Amendments of 1983,"	5303
97 Stat. 993, 38 U.S.C. 630, as amended, and used exclusively for	5304
the placement and care of veterans.	5305

The department shall, by rule adopted ~~under section 111.15~~in	5306
accordance with Chapter 119. of the Revised Code, establish	5307
deadlines for payments required by this section.	5308

(B) All money collected under this section shall be deposited	5309
in the state treasury to the credit of the office of the state	5310
long-term care ~~ombudsman~~ombudsperson program fund, which is	5311
hereby created. Money credited to the fund shall be used solely to	5312
pay the costs of operating the regional long-term care ~~ombudsman~~	5313
ombudsperson programs.	5314

(C) The state long-term care ~~ombudsman~~ombudsperson and the	5315
regional programs may solicit and receive contributions to support	5316
the operation of the office or a regional program, except that no	5317
contribution shall be solicited or accepted that would interfere	5318
with the independence or objectivity of the office or program.	5319

Sec. 175.03. (A)(1) The Ohio housing finance agency shall	5320
consist of eleven members. Nine of the members shall be appointed	5321
by the governor with the advice and consent of the senate. The	5322
director of commerce and the director of development, or their	5323
respective designees, shall also be voting members of the agency.	5324
Of the nine appointed members, at least one shall have experience	5325
in residential housing construction; at least one shall have	5326
experience in residential housing mortgage lending, loan	5327
servicing, or brokering; at least one shall have experience in the	5328
licensed residential housing brokerage business; at least one	5329
shall have experience with the housing needs of senior citizens;	5330
at least one shall be from a background in labor representation in	5331
the construction industry; at least one shall represent the	5332
interests of nonprofit multifamily housing development	5333
corporations; at least one shall represent the interests of	5334
for-profit multifamily housing development organizations; and two	5335
shall be public members. The governor shall receive	5336
recommendations from the Ohio housing council for appointees to	5337
represent the interests of nonprofit multifamily housing	5338
development corporations and for-profit multifamily housing	5339
development organizations. Each appointee representing multifamily	5340
housing interests currently shall be employed with an organization	5341
that is active in the area of affordable housing development or	5342
management. No more than six of the appointed members of the	5343
agency shall be of the same political party. Of the appointments	5344
made to the agency for the eighth and ninth appointed members in	5345
accordance with this amendment, one shall be for a term ending on	5346
January 31, 2005, and one shall be for a term ending on January	5347
31, 2006. Thereafter, each appointed member shall serve for a term	5348
ending on the thirty-first day of January which is six years	5349
following the date of termination of the term which it succeeds.	5350
Each member shall hold office from the date of the member's	5351
appointment until the end of the term for which the member was	5352
appointed. Any member appointed to fill a vacancy occurring prior	5353
to the expiration of the term for which the member's predecessor	5354
was appointed shall hold office for the remainder of such term.	5355
Any appointed member shall continue in office subsequent to the	5356
expiration date of the member's term until the member's successor	5357
takes office, or until a period of sixty days has elapsed,	5358
whichever occurs first. Each appointed member may be removed from	5359
office by the governor for misfeasance, nonfeasance, malfeasance	5360
in office, or for failure to attend in person three consecutive	5361
meetings of the agency.	5362

(2) The ~~director of development or the director's designee~~	5363
governor shall beappoint the chairperson of the agency. The	5364
agency shall elect one of its ~~appointed~~ members as	5365
vice-chairperson and such other officers as it deems necessary,	5366
who need not be members of the agency. Each appointed member of	5367
the agency shall receive compensation at the rate of one hundred	5368
fifty dollars per agency meeting attended in person, not to exceed	5369
a maximum of three thousand dollars per year. All members shall be	5370
reimbursed for their actual and necessary expenses incurred in the	5371
discharge of their official duties.	5372

(3) Six members of the agency constitute a quorum, and the	5373
affirmative vote of six members shall be necessary for any action	5374
taken by the agency. No vacancy in membership of the agency	5375
impairs the right of a quorum to exercise all the rights and	5376
perform all the duties of the agency. Meetings of the agency may	5377
be held at any place within the state. Meetings of the agency,	5378
including notice of the place of meetings, shall comply with	5379
section 121.22 of the Revised Code.	5380

(B)(1) The appointed members of the agency are not subject to	5381
section 102.02 of the Revised Code. Each such appointed member	5382
shall file with the agency a signed written statement setting	5383
forth the general nature of sales of goods, property or services	5384
or of loans to the agency in which such member has a pecuniary	5385
interest or in which any member of the member's immediate family,	5386
as defined in section 102.01 of the Revised Code, or any	5387
corporation, partnership or enterprise of which the member is an	5388
officer, director, or partner, or of which the member or a member	5389
of the member's immediate family, as so defined, owns more than a	5390
five per cent interest, has a pecuniary interest, and of which	5391
sale, loan and interest such member has knowledge. The statement	5392
shall be supplemented from time to time to reflect changes in the	5393
general nature of any such sales or loans. No member shall	5394
participate in portions of agency meetings dealing with, or vote	5395
concerning, any such matter.	5396

(2) The requirements of this section pertaining to disclosure	5397
and prohibition from participation and voting do not apply to	5398
agency loans to lending institutions or contracts between the	5399
agency and lending institutions for the purchase, administration,	5400
or servicing of loans notwithstanding that such lending	5401
institution has a director, officer, employee, or owner who is a	5402
member of the agency, and no such loans or contracts shall be	5403
deemed to be prohibited or otherwise regulated by reason of any	5404
other law or rule.	5405

(3) The members of the agency representing multifamily	5406
housing interests are not in violation of division (A) of section	5407
2921.42, division (D) of section 102.03, or division (E) of	5408
section 102.03 of the Revised Code in regard to a contract the	5409
agency enters into if both of the following apply:	5410

(a) The contract is entered into for a loan, grant, or	5411
participation in a program administered or funded by the agency	5412
and the contract was awarded pursuant to rules or guidelines the	5413
agency adopted.	5414

(b) The member does not participate in the discussion or vote	5415
on the contract if the contract secured a grant or loan that would	5416
directly benefit the member, a family member, or a business	5417
associate of the member.	5418

Sec. 175.21. (A) The low- and moderate-income housing trust	5419
fund is hereby created in the state treasury. The fund shall	5420
consist of all appropriations made to the fund, housing trust fund	5421
fees collected by county recorders pursuant to section 317.36 of	5422
the Revised Code and deposited into the fund pursuant to section	5423
319.63 of the Revised Code, and all grants, gifts, loan	5424
repayments, and contributions of money made from any source to the	5425
department of development for deposit in the fund. All investment	5426
earnings of the fund shall be credited to the fund. The director	5427
of development shall allocate a portion of the money in the fund	5428
to an account of the Ohio housing finance agency. The department	5429
shall administer the fund. The agency shall use money allocated to	5430
it in the fund for implementing and administering its programs and	5431
duties under sections 175.22 and 175.24 of the Revised Code, and	5432
the department shall use the remaining money in the fund for	5433
implementing and administering its programs and duties under	5434
sections 175.22 to 175.25 of the Revised Code. Use of all money in	5435
the fund is subject to the following restrictions:	5436

(1) Not more than six per cent of any current year	5437
appropriation authority for the fund shall be used for the	5438
transitional and permanent housing program to make grants to	5439
municipal corporations, counties, townships, and nonprofit	5440
organizations for the acquisition, rehabilitation, renovation,	5441
construction, conversion, operation, and cost of supportive	5442
services for new and existing transitional and permanent housing	5443
for homeless persons.	5444

(2)(a) Not more than five per cent of any current year	5445
appropriation authority for the fund shall be used for grants and	5446
loans to community development corporations and the Ohio community	5447
development finance fund, a private nonprofit corporation.	5448

(b) In any year in which the amount in the fund exceeds one	5449
hundred thousand dollars, not less than one hundred thousand	5450
dollars shall be used to provide training, technical assistance,	5451
and capacity building assistance to nonprofit development	5452
organizations in areas of the state the director designates as	5453
underserved.	5454

(c) For monies awarded in any fiscal year, priority shall be	5455
given to proposals submitted by nonprofit development	5456
organizations from areas of the state the director designates as	5457
underserved.	5458

(3) Not more than seven per cent of any current year	5459
appropriation authority for the fund shall be used for the	5460
emergency shelter housing grants program to make grants to	5461
private, nonprofit organizations and municipal corporations,	5462
counties, and townships for emergency shelter housing for the	5463
homeless. The grants shall be distributed pursuant to rules the	5464
director adopts and qualify as matching funds for funds obtained	5465
pursuant to the McKinney Act, 101 Stat. 85 (1987), 42 U.S.C.A.	5466
11371 to 11378.	5467

(4) In any fiscal year in which the amount in the fund	5468
exceeds the amount awarded pursuant to division (A)(2)(b) of this	5469
section by at least two hundred fifty thousand dollars, at least	5470
two hundred fifty thousand dollars from the fund shall be provided	5471
to the department of aging for the resident services coordinator	5472
program.	5473

(5) Of all money in the fund:

5474

(a) Not more than six per cent shall be used for	5475
administration.	5476

(b) Not less than forty-five per cent of the ~~amount of~~ funds	5477
awarded during any one fiscal year shall be ~~used to make~~for	5478
grants and loans to nonprofit organizations under section 175.22	5479
of the Revised Code~~, not~~.	5480

(c) Not less than fifty per cent of the ~~amount of~~ funds	5481
awarded during any one fiscal year, excluding the amounts awarded	5482
pursuant to divisions (A)(1), (A)(2), and (A)(3) of this section,	5483
shall be ~~used to make~~for grants and loans for activities that	5484
~~will~~ provide housing and housing assistance to families and	5485
individuals in rural areas and small cities that ~~would~~are not be	5486
eligible to participate as a participating jurisdiction under the	5487
"HOME Investment Partnerships Act," 104 Stat. 4094 (1990), 42	5488
U.S.C. 12701 note, 12721~~, no more than five per cent of the money~~	5489
~~in the fund shall be used for administration, and no~~.	5490

(d) No money in the fund shall be used to pay for any legal	5491
services other than the usual and customary legal services	5492
associated with the acquisition of housing.	5493

(6) Except as otherwise provided by the director under	5494
division (B) of this section, money in the fund may be used as	5495
matching money for federal funds received by the state, counties,	5496
municipal corporations, and townships for the activities listed in	5497
section 175.22 of the Revised Code.	5498

(B) If after the second quarter of any year it appears to the	5499
director that the full amount of the money in the ~~low- and~~	5500
~~moderate-income housing trust~~ fund designated in that year for	5501
activities that ~~will~~ provide housing and housing assistance to	5502
families and individuals in rural areas and small cities under	5503
division (A) of this section will not be so used for that purpose,	5504
the director may reallocate all or a portion of that amount for	5505
other housing activities. In determining whether or how to	5506
reallocate money under this division, the director may consult	5507
with and shall receive advice from the housing trust fund advisory	5508
committee.	5509

Sec. 175.22. (A) The department of development and the Ohio	5510
housing finance agency shall each develop programs under which, in	5511
accordance with rules adopted under this section, itthey may make	5512
grants, loans, loan guarantees, and loan subsidies to counties,	5513
municipal corporations, townships, local housing authorities, and	5514
nonprofit organizations and may make loans, loan guarantees, and	5515
loan subsidies to private developers and private lenders to assist	5516
~~them~~ in activities that ~~will~~ provide housing and housing	5517
assistance for specifically targeted low- and moderate-income	5518
families and individuals. There ~~shall be~~is no minimum housing	5519
project size for awards under this division for any project that	5520
is ~~being~~ developed for a special needs population and that is	5521
supported by a social service agency where the housing project	5522
~~will be~~is located. Activities for which grants, loans, loan	5523
guarantees, and loan subsidies may be made under this section	5524
include all of the following:	5525

(1) Acquiring, financing, constructing, leasing,	5526
rehabilitating, remodeling, improving, and equipping publicly or	5527
privately owned housing;	5528

(2) Providing supportive services related to housing and the	5529
homeless, including housing counseling. Not more than twenty per	5530
cent of the current year appropriation authority for the low- and	5531
moderate-income housing trust fund that remains after the	5532
expenditures made pursuant to divisions (A)(1), (A)(2), and (A)(3)	5533
of section 175.21 of the Revised Code, shall be awarded in any	5534
fiscal year for ~~such~~ supportive services.	5535

(3) Providing rental assistance payments or other project	5536
operating subsidies that lower tenant rents.	5537

(B) Grants, loans, loan guarantees, and loan subsidies may be	5538
made to counties, municipal corporations, townships, and nonprofit	5539
organizations for the additional purposes of providing technical	5540
assistance, design and finance services and consultation, and	5541
payment of pre-development and administrative costs related to any	5542
of the activities listed above.	5543

(C) In developing programs under this section, the department	5544
and the agency shall invite, accept, and consider public comment,	5545
and recommendations from the housing trust fund advisory committee	5546
created under section 175.25 of the Revised Code, on how the	5547
programs should be designed to most effectively benefit low- and	5548
moderate-income families and individuals. The programs developed	5549
under this section shall respond collectively to housing and	5550
housing assistance needs of low- and moderate-income families and	5551
individuals statewide.	5552

(D) The department and the agency, in accordance with Chapter	5553
119. of the Revised Code, shall each adopt rules ~~under which it~~	5554
~~shall~~to administer programs developed ~~by it~~ under this section.	5555
The rules shall prescribe procedures and forms ~~whereby~~that	5556
counties, municipal corporations, townships, local housing	5557
authorities, and nonprofit organizations ~~may apply~~shall use in	5558
applying for grants, loans, loan guarantees, and loan subsidies	5559
and that private developers and private lenders ~~may apply~~shall	5560
use in applying for loans, loan guarantees, and loan subsidies;	5561
eligibility criteria for the receipt of funds; procedures for	5562
reviewing and granting or denying applications; procedures for	5563
paying out funds; conditions on the use of funds; procedures for	5564
monitoring the use of funds; and procedures under which a	5565
recipient shall be required to repay funds that are improperly	5566
used. The rules ~~adopted by the department~~ shall do both of the	5567
following:	5568

(1) Require each recipient of a grant or loan made from the	5569
low- and moderate-income housing trust fund for activities that	5570
~~will~~ provide, or assist in providing, a rental housing project, to	5571
reasonably ensure that the rental housing project will beremain	5572
affordable to those families and individuals targeted for the	5573
rental housing project for the useful life of the rental housing	5574
project or for thirty years, whichever is longer;	5575

(2) Require each recipient of a grant or loan made from the	5576
low- and moderate-income housing trust fund for activities that	5577
~~will~~ provide, or assist in providing, a housing project to prepare	5578
and implement a plan to reasonably assist any families and	5579
individuals displaced by the housing project in obtaining decent	5580
affordable housing.	5581

(E) In prescribing eligibility criteria and conditions for	5582
the use of funds, neither the department nor the agency is limited	5583
to the criteria and conditions specified in this section and each	5584
may prescribe additional eligibility criteria and conditions that	5585
relate to the purposes for which grants, loans, loan guarantees,	5586
and loan subsidies may be made. However, the department and agency	5587
are limited by the following specifically targeted low- and	5588
moderate-income guidelines:	5589

(1) Not less than seventy-five per cent of the money granted	5590
and loaned under this section in any fiscal year shall be for	5591
activities that ~~will~~ provide affordable housing and housing	5592
assistance to families and individuals ~~in a county~~ whose incomes	5593
are equal to or less than fifty per cent of the median income for	5594
~~that~~the county in which they live, as determined by the	5595
department under section 175.23 of the Revised Code.	5596

(2) ~~The remainder of the~~Any money granted and loaned under	5597
this section in any fiscal year that is not granted or loaned	5598
pursuant to division (E)(1) of this section shall be for	5599
activities that ~~will~~ provide affordable housing and housing	5600
assistance to families and individuals ~~in a county~~ whose incomes	5601
are equal to or less than eighty per cent of the median income for	5602
~~that~~the county in which they live, as determined by the	5603
department under section 175.23 of the Revised Code.	5604

(F) In making grants, loans, loan guarantees, and loan	5605
subsidies under this section, the department and the agency shall	5606
give preference to viable projects and activities that ~~will~~	5607
benefit those families and individuals ~~in a county~~ whose incomes	5608
are equal to or less than thirty-five per cent of the median	5609
income for ~~that~~the county in which they live, as determined by	5610
the department under section 175.23 of the Revised Code.	5611

(G) The department and the agency shall monitor the programs	5612
developed under this section to ensure that money granted and	5613
loaned under this section is not used in a manner that violates	5614
division (H) of section 4112.02 of the Revised Code or	5615
discriminates against families with children.	5616

Sec. 183.02. This section's references to years mean state	5617
fiscal years.	5618

All payments received by the state pursuant to the tobacco	5619
master settlement agreement shall be deposited into the state	5620
treasury to the credit of the tobacco master settlement agreement	5621
fund, which is hereby created. All investment earnings of the fund	5622
shall also be credited to the fund. Except as provided in division	5623
(K) of this section, payments and interest credited to the fund	5624
shall be transferred by the director of budget and management as	5625
follows:	5626

(A)(1) Of the first payment credited to the tobacco master	5627
settlement agreement fund in 2000 and the net amounts credited to	5628
the fund annually from 2000 to 2006 and in 2012, the following	5629
amount or percentage shall be transferred to the tobacco use	5630
prevention and cessation trust fund, created in section 183.03 of	5631
the Revised Code:	5632

YEAR	AMOUNT OR PERCENTAGE	5633
2000 (first payment credited)	$104,855,222.85	5634
2000 (net amount credited)	70.30%	5635
2001	62.84	5636
2002	61.41	5637
2003	63.24	5638
2004	66.65	5639
2005	66.24	5640
2006	65.97	5641
2012	56.01	5642

(2) Of the net amounts credited to the tobacco master	5643
settlement agreement fund in 2013, the director shall transfer to	5644
the tobacco use prevention and cessation trust fund the amount not	5645
transferred to the tobacco use prevention and cessation trust fund	5646
from the net amounts credited to the tobacco master settlement	5647
agreement fund in 2002 due to Am. Sub. H.B. No. 405 and Am. Sub.	5648
S.B. No. 242 of the 124th general assembly. Of the net amounts	5649
credited to the tobacco master settlement agreement fund in 2014,	5650
the director shall transfer to the tobacco use prevention and	5651
cessation trust fund the amount not transferred to the tobacco use	5652
prevention and cessation trust fund from the net amounts credited	5653
to the tobacco master settlement agreement fund in 2003 due to Am.	5654
Sub. H.B. No. 405 and Am. Sub. S.B. No. 242 of the 124th general	5655
assembly. Of the net amounts credited to the tobacco master	5656
settlement agreement fund in 2015, the director shall transfer to	5657
the tobacco use prevention and cessation trust fund the amount not	5658
transferred to the tobacco use prevention and cessation trust fund	5659
from the net amounts credited to the tobacco master settlement	5660
agreement fund in 2004 due to H.B. of the 125th general	5661
assembly.	5662

(B) Of the first payment credited to the tobacco master	5663
settlement agreement fund in 2000 and the net amounts credited to	5664
the fund annually in 2000 and 2001, the following amount or	5665
percentage shall be transferred to the law enforcement	5666
improvements trust fund, created in section 183.10 of the Revised	5667
Code:	5668

YEAR	AMOUNT OR PERCENTAGE	5669
2000 (first payment credited)	$10,000,000	5670
2000 (net amount credited)	5.41%	5671
2001	2.32	5672

(C)~~(1)~~ Of the first payment credited to the tobacco master	5673
settlement agreement fund in 2000 and the net amounts credited to	5674
the fund annually from 2000 to 2011, the following percentages	5675
shall be transferred to the southern Ohio agricultural and	5676
community development trust fund, created in section 183.11 of the	5677
Revised Code:	5678

YEAR	PERCENTAGE	5679
2000 (first payment credited)	5.00%	5680
2000 (net amount credited)	8.73	5681
2001	8.12	5682
2002	9.18	5683
2003	8.91	5684
2004	7.84	5685
2005	7.79	5686
2006	7.76	5687
2007	17.39	5688
2008 through 2011	17.25	5689

~~(2) Of the net amounts credited to the tobacco master~~	5690
~~settlement agreement fund in 2013, the director shall transfer to~~	5691
~~the southern Ohio agricultural and community development trust~~	5692
~~fund the amount not transferred to the southern Ohio agricultural~~	5693
~~and community development trust fund from the net amounts credited~~	5694
~~to the tobacco master settlement agreement fund in 2002 due to Am.~~	5695
~~Sub. H.B. No. 405 and Am. Sub. S.B. No. 242 of the 124th general~~	5696
~~assembly. Of the net amounts credited to the tobacco master~~	5697
~~settlement agreement fund in 2014, the director shall transfer to~~	5698
~~the southern Ohio agricultural and community development trust~~	5699
~~fund the amount not transferred to the southern Ohio agricultural~~	5700
~~and community development trust fund from the net amounts credited~~	5701
~~to the tobacco master settlement agreement fund in 2003 due to Am.~~	5702
~~Sub. H.B. No. 405 and Am. Sub. S.B. No. 242 of the 124th general~~	5703
~~assembly.~~	5704

(D)~~(1)~~ The following percentages of the net amounts credited	5705
to the tobacco master settlement agreement fund annually shall be	5706
transferred to Ohio's public health priorities trust fund, created	5707
in section 183.18 of the Revised Code:	5708

YEAR	PERCENTAGE	5709
2000	5.41	5710
2001	6.68	5711
2002	6.79	5712
2003	6.90	5713
2004	7.82	5714
2005	8.18	5715
2006	8.56	5716
2007	19.83	5717
2008	19.66	5718
2009	20.48	5719
2010	21.30	5720
2011	22.12	5721
2012	10.47	5722

~~(2) Of the net amounts credited to the tobacco master~~	5723
~~settlement agreement fund in 2013, the director shall transfer to~~	5724
~~Ohio's public health priorities trust fund the amount not~~	5725
~~transferred to Ohio's public health priorities trust fund from the~~	5726
~~net amounts credited to the tobacco master settlement agreement~~	5727
~~fund in 2002 due to Am. Sub. H.B. No. 405 and Am. Sub. S.B. No.~~	5728
~~242 of the 124th general assembly. Of the net amounts credited to~~	5729
~~the tobacco master settlement agreement fund in 2014, the director~~	5730
~~shall transfer to Ohio's public health priorities trust fund the~~	5731
~~amount not transferred to Ohio's public health priorities trust~~	5732
~~fund from the net amounts credited to the tobacco master~~	5733
~~settlement agreement fund in 2003 due to Am. Sub. H.B. No. 405 and~~	5734
~~Am. Sub. S.B. No. 242 of the 124th general assembly.~~	5735

(E) The following percentages of the net amounts credited to	5736
the tobacco master settlement agreement fund annually shall be	5737
transferred to the biomedical research and technology transfer	5738
trust fund, created in section 183.19 of the Revised Code:	5739

YEAR	PERCENTAGE	5740
2000	2.71	5741
2001	14.03	5742
2002	13.29	5743
2003	12.73	5744
2004	13.78	5745
2005	14.31	5746
2006	14.66	5747
2007	49.57	5748
2008 to 2011	45.06	5749
2012	18.77	5750

(F) Of the amounts credited to the tobacco master settlement	5751
agreement fund annually, the following amounts shall be	5752
transferred to the education facilities trust fund, created in	5753
section 183.26 of the Revised Code:	5754

YEAR	AMOUNT	5755
2000	$133,062,504.95	5756
2001	128,938,732.73	5757
2002	185,804,475.78	5758
2003	180,561,673.11	5759
2004	122,778,219.49	5760
2005	121,389,325.80	5761
2006	120,463,396.67	5762
2007	246,389,369.01	5763
2008 to 2011	267,531,291.85	5764
2012	110,954,545.28	5765

(G) Of the amounts credited to the tobacco master settlement	5766
agreement fund annually, from 2000 to 2012 five million dollars	5767
per year shall be transferred to the education facilities	5768
endowment fund, created in section 183.27 of the Revised Code.	5769
From 2013 to 2025, the following percentages of the amounts	5770
credited to the tobacco master settlement agreement fund annually	5771
shall be transferred to the endowment fund:	5772

YEAR	PERCENTAGE	5773
2013	30.22	5774
2014	33.36	5775
2015 to 2025	40.90	5776

(H) The following percentages of the net amounts credited to	5777
the tobacco master settlement agreement fund annually shall be	5778
transferred to the education technology trust fund, created in	5779
section 183.28 of the Revised Code:	5780

YEAR	PERCENTAGE	5781
2000	7.44	5782
2001	6.01	5783
2002	9.33	5784
2003	8.22	5785
2004	3.91	5786
2005	3.48	5787
2006	3.05	5788
2007	13.21	5789
2008	18.03	5790
2009	17.21	5791
2010	16.39	5792
2011	15.57	5793
2012	14.75	5794

(I) In each year from 2003 to 2025, after the transfers made	5795
under divisions (F) and (G) of this section but prior to the	5796
transfers made under divisions (A) to (E) of this section, the	5797
director of budget and management shall transfer to the tobacco	5798
settlement oversight, administration, and enforcement fund created	5799
in section 183.34 of the Revised Code such amount as the director	5800
determines necessary to pay the costs incurred by the attorney	5801
general in tobacco settlement oversight, administration, and	5802
enforcement.	5803

(J) In each year from 2003 to 2025, after the transfers made	5804
under divisions (F) and (G) of this section but prior to the	5805
transfers made under divisions (A) to (E) of this section, the	5806
director of budget and management shall transfer to the tobacco	5807
settlement enforcement fund created in section 183.35 of the	5808
Revised Code such amount as the director determines necessary to	5809
pay the costs incurred by the tax commissioner in the enforcement	5810
of divisions (F) and (G) of section 5743.03 of the Revised Code.	5811

(K) If in any year from 2001 to 2012 the payments and	5812
interest credited to the tobacco master settlement agreement fund	5813
during the year amount to less than the amounts required to be	5814
transferred to the education facilities trust fund and the	5815
education facilities endowment fund that year, the director of	5816
budget and management shall make none of the transfers required by	5817
divisions (A) to (J) of this section.	5818

(L) If in any year from 2000 to 2025 the payments credited to	5819
the tobacco master settlement agreement fund during the year	5820
exceed the following amounts, the director of budget and	5821
management shall transfer the excess to the income tax reduction	5822
fund, created in section 131.44 of the Revised Code:	5823

YEAR	AMOUNT	5824
2000	$443,892,767.51	5825
2001	348,780,049.22	5826
2002	418,783,038.09	5827
2003	422,746,368.61	5828
2004	352,827,184.57	5829
2005	352,827,184.57	5830
2006	352,827,184.57	5831
2007	352,827,184.57	5832
2008 to 2017	383,779,323.15	5833
2018 to 2025	403,202,282.16	5834

Sec. 183.28. The education technology trust fund is hereby	5835
created in the state treasury. Money credited to the fund shall be	5836
used to pay costs of the ~~Ohio SchoolNet commission under section~~	5837
~~3301.80 of the Revised Code~~department of education for school	5838
technology-related activities. All investment earnings of the fund	5839
shall be credited to the fund.	5840

Sec. 307.202. As used in this section, "rail property" and	5841
"rail service" have the same meanings as in section ~~4981.01~~	5842
5507.01 of the Revised Code.	5843

The board of county commissioners may acquire, rehabilitate,	5844
and develop rail property and rail service, and may enter into	5845
agreements with ~~the Ohio rail development commission,~~ boards of	5846
township trustees, legislative authorities of municipal	5847
corporations, other boards of county commissioners, with other	5848
governmental agencies or organizations, and with private agencies	5849
or organizations in order to achieve those purposes.	5850

Sec. 311.17. For the services specified in this section, the	5851
sheriff shall charge the following fees, which the court or its	5852
clerk ~~thereof~~ shall tax in the bill of costs against the judgment	5853
debtor or those legally liable therefor for the judgment:	5854

(A) For the service and return of the following writs and	5855
orders:	5856

(1) Execution:

5857

(a) When money is paid without levy or when no property is	5858
found, ~~five~~twenty dollars;	5859

(b) When levy is made on real property, for the first tract,	5860
~~twenty~~twenty-five dollars, and for each additional tract, ~~five~~	5861
ten dollars;	5862

(c) When levy is made on goods and chattels, including	5863
inventory, ~~twenty-five~~fifty dollars;.	5864

(2) Writ of attachment of property, except for purpose of	5865
garnishment, ~~twenty~~forty dollars;	5866

(3) Writ of attachment for the purpose of garnishment, ~~five~~	5867
ten dollars;	5868

(4) Writ of replevin, ~~twenty~~forty dollars;

5869

(5) Warrant to arrest, for each person named in the writ,	5870
~~five~~ten dollars;	5871

(6) Attachment for contempt, for each person named in the	5872
writ, ~~three~~six dollars;	5873

(7) Writ of possession or restitution, ~~twenty~~sixty dollars;

5874

(8) Subpoena, for each person named in the writ, if in either	5875
a civil or criminal case ~~three~~, six dollars~~, if in a criminal case~~	5876
~~one dollar~~;	5877

(9) Venire, for each person named in the writ, if in either a	5878
civil or criminal case ~~three~~, six dollars~~, if in a criminal case~~	5879
~~one dollar~~;	5880

(10) Summoning each juror, other than on venire, if in either	5881
a civil or criminal case ~~three~~, six dollars~~, if in a criminal case~~	5882
~~one dollar~~;	5883

(11) Writ of partition, ~~fifteen~~twenty-five dollars;

5884

(12) Order of sale on partition, for the first tract,	5885
~~twenty-five~~fifty dollars, and for each additional tract, ~~five~~	5886
twenty-five dollars;	5887

(13) Other order of sale of real property, for the first	5888
tract, ~~twenty~~fifty dollars, and for each additional tract, ~~five~~	5889
twenty-five dollars;	5890

(14) Administering oath to appraisers, ~~one dollar and fifty~~	5891
~~cents~~three dollars each;	5892

(15) Furnishing copies for advertisements, ~~fifty cents~~one	5893
dollar for each hundred words;	5894

(16) Copy of indictment, for each defendant, ~~two~~five	5895
dollars;	5896

(17) All summons, writs, orders, or notices, for the first	5897
name, ~~three~~six dollars, and for each additional name, ~~fifty cents~~	5898
one dollar.	5899

(B) In addition to the fee for service and return~~, the~~	5900
~~sheriff may charge~~:	5901

(1) On each summons, writ, order, or notice, a fee of ~~fifty~~	5902
~~cents~~one dollar per mile for the first mile, and ~~twenty~~fifty	5903
cents per mile for each additional mile, going and returning,	5904
actual mileage to be charged on each additional name;	5905

(2) Taking bail bond, ~~one dollar~~three dollars;

5906

(3) Jail fees, as follows:

5907

(a) For receiving a prisoner, ~~four~~five dollars each time a	5908
prisoner is received, and for discharging or surrendering a	5909
prisoner, ~~four~~five dollars;each time a prisoner is discharged or	5910
surrendered. The departure or return of a prisoner from or to a	5911
jail in connection with a program established under section	5912
5147.28 of the Revised Code is not a receipt, discharge, or	5913
surrender of the prisoner for purposes of this division.	5914

(b) Taking a prisoner before a judge or court, per day, ~~three~~	5915
five dollars;	5916

5917

(d) Calling jury, ~~one dollar~~three dollars;

5918

(e) Calling each witness, ~~one dollar~~three dollars;

5919

(f) Bringing prisoner before court on habeas corpus, ~~four~~six	5920
dollars;.	5921

(4) Poundage on all moneys actually made and paid to the	5922
sheriff on execution, decree, or sale of real estate, one and	5923
one-half per cent;	5924

(5) Making and executing a deed of land sold on execution,	5925
decree, or order of the court, to be paid by the purchaser,	5926
~~twenty-five~~fifty dollars.	5927

When any of the ~~foregoing~~ services described in division (A)	5928
or (B) of this section are rendered by an officer or employee,	5929
whose salary or per diem compensation is paid by the county, the	5930
applicable legal fees and any other extraordinary expenses,	5931
including overtime, provided for ~~such~~the service ~~in this section~~	5932
shall be taxed in the costs in the case, and, when ~~such fees are~~	5933
collected ~~they~~, shall be paid into the general fund of the county.	5934

The sheriff shall charge the same fees for the execution of	5935
process issued in any other state as hethe sheriff charges for	5936
the execution of process of a substantively similar nature that is	5937
issued in this state.	5938

Sec. 317.32. The county recorder shall charge and collect	5939
the following fees, to include base fees for the recorder's	5940
services and housing trust fund fees, collected pursuant to	5941
section 317.36 of the Revised Code:	5942

(A) For recording and indexing an instrument when the	5943
photocopy or any similar process is employed, a base fee of	5944
fourteen dollars for the first two pages and a housing trust fund	5945
fee of fourteen dollars, and a base fee of four dollars and a	5946
housing trust fund fee of four dollars for each subsequent page,	5947
size eight and one-half inches by fourteen inches, or fraction of	5948
a page, including the caption page, of such instrument;	5949

(B) For certifying a photocopy from the record previously	5950
recorded, a base fee of one dollar and a housing trust fund fee of	5951
one dollar per page, size eight and one-half inches by fourteen	5952
inches, or fraction of a page; for each certification where the	5953
recorder's seal is required, except as to instruments issued by	5954
the armed forces of the United States, a base fee of fifty cents	5955
and a housing trust fund fee of fifty cents;	5956

(C) For manual or typewritten recording of assignment or	5957
satisfaction of mortgage or lease or any other marginal entry, a	5958
base fee of four dollars and a housing trust fund fee of four	5959
dollars;	5960

(D) For entering any marginal reference by separate recorded	5961
instrument, a base fee of two dollars and a housing trust fund fee	5962
of two dollars for each marginal reference set out in that	5963
instrument, in addition to the ~~recording fee~~fees set forth in	5964
division (A) of this section;	5965

(E) For indexing in the real estate mortgage records,	5966
pursuant to section 1309.519 of the Revised Code, financing	5967
statements covering crops growing or to be grown, timber to be	5968
cut, minerals or the like, including oil and gas, accounts subject	5969
to section 1309.301 of the Revised Code, or fixture filings made	5970
pursuant to section 1309.334 of the Revised Code, a base fee of	5971
two dollars and a housing trust fund fee of two dollars for each	5972
name indexed;	5973

(F) For recording manually any plat not exceeding six lines,	5974
a base fee of two dollars and a housing trust fund fee of two	5975
dollars, and for each additional line, a base fee of ten cents and	5976
a housing trust fund fee of ten cents;	5977

(G) For filing zoning resolutions, including text and maps,	5978
in the office of the recorder as required under sections 303.11	5979
and 519.11 of the Revised Code, a base fee of fifty dollars and a	5980
housing trust fund fee of fifty dollars, regardless of the size or	5981
length of the resolutions;	5982

(H) For filing zoning amendments, including text and maps, in	5983
the office of the recorder as required under sections 303.12 and	5984
519.12 of the Revised Code, a base fee of ten dollars and a	5985
housing trust fund fee of ten dollars for the first page and a	5986
base fee of four dollars and a housing trust fund fee of four	5987
dollars for each additional page;	5988

(I) For photocopying a document, other than at the time of	5989
recording and indexing as provided for in division (A) of this	5990
section, a base fee of one dollar and a housing trust fund fee of	5991
one dollar per page, size eight and one-half inches by fourteen	5992
inches, or fraction thereof;	5993

(J) For local facsimile transmission of a document, a base	5994
fee of one dollar and a housing trust fund fee of one dollar per	5995
page, size eight and one-half inches by fourteen inches, or	5996
fraction thereof; for long distance facsimile transmission of a	5997
document, a base fee of two dollars and a housing trust fund fee	5998
of two dollars per page, size eight and one-half inches by	5999
fourteen inches, or fraction thereof;	6000

(K) For recording a declaration executed pursuant to section	6001
2133.02 of the Revised Code or a durable power of attorney for	6002
health care executed pursuant to section 1337.12 of the Revised	6003
Code, or both a declaration and a durable power of attorney for	6004
health care, a base fee of at least fourteen dollars but not more	6005
than twenty dollars and a housing trust fund fee of at least	6006
fourteen dollars but not more than twenty dollars.	6007

In any county in which the recorder employs the photostatic	6008
or any similar process for recording maps, plats, or prints the	6009
recorder shall determine, charge, and collect for the recording or	6010
rerecording of any map, plat, or print, a base fee of five cents	6011
and a housing trust fund fee of five cents per square inch, for	6012
each square inch of the map, plat, or print filed for that	6013
recording or rerecording, with a minimum base fee of twenty	6014
dollars and a minimum housing trust fund fee of twenty dollars;	6015
for certifying a copy from the record, a base fee of two cents and	6016
a housing trust fund fee of two cents per square inch of the	6017
record, with a minimum base fee of two dollars and a minimum	6018
housing trust fund fee of two dollars.	6019

The fees provided in this section shall be paid upon the	6020
presentation of the instruments for record or upon the application	6021
for any certified copy of the record, except that the payment of	6022
fees associated with the filing and recording of, or the copying	6023
of, notices of internal revenue tax liens and notices of other	6024
liens in favor of the United States as described in division (A)	6025
of section 317.09 of the Revised Code and certificates of	6026
discharge or release of those liens, shall be governed by section	6027
317.09 of the Revised Code, and the payment of fees for providing	6028
copies of instruments conveying or extinguishing agricultural	6029
easements to the office of farmland preservation under division	6030
(G) of section 5301.691 of the Revised Code shall be governed by	6031
that division.	6032

Sec. 317.36. (A) The county recorder shall collect the low-	6033
and moderate-income housing trust fund fee as specified in	6034
sections 317.32, 1563.42, 1702.59, 2505.13, 4141.23, 4509.60,	6035
5111.021, 5310.15, 5719.07, 5727.56, 5733.18, 5733.22, 6101.09,	6036
and 6115.09 of the Revised Code. The amount of any housing trust	6037
fund fee the recorder is authorized to collect is equal to the	6038
amount of any base fee the recorder is authorized to collect for	6039
services. The housing trust fund fee shall be collected in	6040
addition to the base fee.	6041

(B) The recorder shall certify the amounts collected as	6042
housing trust fund fees pursuant to division (A) of this section	6043
into the county treasury as housing trust fund fees, collected	6044
solely to provide revenue for the low- and moderate-income housing	6045
trust fund in the state treasury created under section 175.21 of	6046
the Revised Code.	6047

Sec. 319.302. (A) After complying with section 319.301 of the	6048
Revised Code, the county auditor shall reduce the remaining sums	6049
to be levied against each parcel of real property listed on the	6050
general tax list and duplicate of real and public utility property	6051
for the current tax year, and against each manufactured and mobile	6052
home that is taxed pursuant to division (D)(2) of section 4503.06	6053
of the Revised Code and that is on the manufactured home tax list	6054
for the current tax year, by ten per cent. Except as otherwise	6055
provided in sections 323.152, 323.158, 505.06, and 715.263 of the	6056
Revised Code, the amount of the taxes remaining after such	6057
reduction shall be the real and public utility property taxes	6058
charged and payable, and the manufactured home tax charged and	6059
payable, on each property and shall be the amounts certified to	6060
the county treasurer for collection. Upon receipt of the tax	6061
duplicate, the treasurer shall certify to the tax commissioner the	6062
total amount by which such taxes were reduced under this section,	6063
as shown on the duplicate. Such reduction shall not directly or	6064
indirectly affect the determination of the principal amount of	6065
notes that may be issued in anticipation of any tax levies or the	6066
amount of bonds or notes for any planned improvements. If after	6067
application of sections 5705.31 and 5705.32 of the Revised Code	6068
and other applicable provisions of law, including division (F) of	6069
section 321.24 of the Revised Code, there would be insufficient	6070
funds for payment of debt charges on bonds or notes payable from	6071
taxes reduced by this section, the reduction of taxes provided for	6072
in this section shall be adjusted to the extent necessary to	6073
provide funds from such taxes.	6074

(B) The county auditor shall not reduce any portion of the	6075
remaining sums under division (A) of this section that is levied	6076
as the result of a real property tax levy, or renewal of an	6077
existing tax levy, approved by electors on or after January 1,	6078
2004.	6079

Sec. 319.63. (A) During the first thirty days of each	6080
calendar quarter, the county auditor shall pay to the treasurer of	6081
state all amounts that the county recorder collected as housing	6082
trust fund fees pursuant to section 317.36 of the Revised Code	6083
during the previous calendar quarter. If payment is made to the	6084
treasurer of state within the first thirty days of the quarter,	6085
the county auditor may retain an administrative fee of one per	6086
cent of the amount of the trust fund fees collected during the	6087
previous calendar quarter.	6088

(B) The treasurer of state shall deposit the first fifty	6089
million dollars of housing trust fund fees received each year	6090
pursuant to this section into the low- and moderate-income housing	6091
trust fund, created under section 175.21 of the Revised Code, and	6092
shall deposit any amounts received each year in excess of fifty	6093
million dollars into the state general revenue fund.	6094

(C) The county auditor shall deposit the administrative fee	6095
that the auditor is permitted to retain pursuant to division (A)	6096
of this section into the county general fund for the county	6097
recorder to use in administering the trust fund fee.	6098

Sec. 323.01. Except as otherwise provided, as used in	6099
Chapter 323. of the Revised Code:	6100

(A) "Subdivision" means any county, township, school	6101
district, or municipal corporation.	6102

(B) "Municipal corporation" includes charter municipalities.

6103

(C) "Taxes" means the total amount of all charges against an	6104
entry appearing on a tax list and the duplicate thereof that was	6105
prepared and certified in accordance with section 319.28 of the	6106
Revised Code, including taxes levied against real estate; taxes on	6107
property whose value is certified pursuant to section 5727.23 of	6108
the Revised Code; recoupment charges applied pursuant to section	6109
5713.35 of the Revised Code; all assessments; penalties and	6110
interest charged pursuant to section 323.121 of the Revised Code;	6111
charges added pursuant to section 319.35 of the Revised Code; and	6112
all of such charges which remain unpaid from any previous tax	6113
year.	6114

(D) "Current taxes" means all taxes charged against an entry	6115
on the general tax list and duplicate of real and public utility	6116
property that have not appeared on such list and duplicate for any	6117
prior tax year and any penalty thereon charged by division (A) of	6118
section 323.121 of the Revised Code. Current taxes, whether or not	6119
they have been certified delinquent, become delinquent taxes if	6120
they remain unpaid after the last day prescribed for payment of	6121
the second installment of current taxes without penalty.	6122

(E) "Delinquent taxes" means:

6123

(1) Any taxes charged against an entry on the general tax	6124
list and duplicate of real and public utility property that were	6125
charged against an entry on such list and duplicate for a prior	6126
tax year and any penalties and interest charged against such	6127
taxes.	6128

(2) Any current taxes charged on the general tax list and	6129
duplicate of real and public utility property that remain unpaid	6130
after the last day prescribed for payment of the second	6131
installment of such taxes without penalty, whether or not they	6132
have been certified delinquent, and any penalties and interest	6133
charged against such taxes.	6134

(F) "Current tax year" means, with respect to particular	6135
taxes, the calendar year in which the first installment of taxes	6136
is due prior to any extension granted under section 323.17 of the	6137
Revised Code.	6138

(G) "Liquidated claim" means:

6139

(1) Any sum of money due and payable, upon a written	6140
contractual obligation executed between the subdivision and the	6141
taxpayer, but excluding any amount due on general and special	6142
assessment bonds and notes;	6143

(2) Any sum of money due and payable, for disability	6144
financial assistance or disability medical assistance provided	6145
under Chapter 5115. of the Revised Code that is furnished to or in	6146
behalf of a subdivision, provided that such claim is recognized by	6147
a resolution or ordinance of the legislative body of such	6148
subdivision;	6149

(3) Any sum of money advanced and paid to or received and	6150
used by a subdivision, pursuant to a resolution or ordinance of	6151
such subdivision or its predecessor in interest, and the moral	6152
obligation to repay which sum, when in funds, shall be recognized	6153
by resolution or ordinance by the subdivision.	6154

Sec. 323.152. In addition to the reduction in taxes required	6155
under section 319.302 of the Revised Code, taxes shall be reduced	6156
as provided in divisions (A) and (B) of this section.	6157

(A)(1) Division (A) of this section applies to any of the	6158
following:	6159

(a) A person who is permanently and totally disabled;

6160

(b) A person who is sixty-five years of age or older;

6161

(c) A person who is the surviving spouse of a deceased person	6162
who was permanently and totally disabled or sixty-five years of	6163
age or older and who applied and qualified for a reduction in	6164
taxes under this division in the year of death, provided the	6165
surviving spouse is at least fifty-nine but not sixty-five or more	6166
years of age on the date the deceased spouse dies.	6167

(2) Real property taxes on a homestead owned and occupied, or	6168
a homestead in a housing cooperative occupied, by a person to whom	6169
division (A) of this section applies shall be reduced for each	6170
year for which the owner obtains a certificate of reduction from	6171
the county auditor under section 323.154 of the Revised Code or	6172
for which the occupant obtains a certificate of reduction in	6173
accordance with section 323.159 of the Revised Code. The reduction	6174
shall equal the amount obtained by multiplying the tax rate for	6175
the tax year for which the certificate is issued by the reduction	6176
in taxable value shown in the following schedule:	6177

		Reduce Taxable Value		6178
Total Income		by the Lesser of:		6179

$11,900 or less	$5,000 or seventy-five per cent	6180
More than $11,900 but not more than $17,500	$3,000 or sixty per cent	6181
More than $17,500 but not more than $23,000	$1,000 or twenty-five per cent	6182
More than $23,000	-0-	6183

(3) Each calendar year, the tax commissioner shall adjust the	6184
foregoing schedule by completing the following calculations in	6185
September of each year:	6186

(a) Determine the percentage increase in the gross domestic	6187
product deflator determined by the bureau of economic analysis of	6188
the United States department of commerce from the first day of	6189
January of the preceding calendar year to the last day of December	6190
of the preceding calendar year;	6191

(b) Multiply that percentage increase by each of the total	6192
income amounts, and by each dollar amount by which taxable value	6193
is reduced, for the current tax year;	6194

(c) Add the resulting product to each of the total income	6195
amounts, and to each of the dollar amounts by which taxable value	6196
is reduced, for the current tax year;	6197

(d) Round the resulting sum to the nearest multiple of one	6198
hundred dollars.	6199

The commissioner shall certify the amounts resulting from the	6200
adjustment to each county auditor not later than the first day of	6201
December each year. The certified amounts apply to the following	6202
tax year. The commissioner shall not make the adjustment in any	6203
calendar year in which the amounts resulting from the adjustment	6204
would be less than the total income amounts, or less than the	6205
dollar amounts by which taxable value is reduced, for the current	6206
tax year.	6207

(B) Real property taxes on any homestead, and manufactured	6208
home taxes on any manufactured or mobile home on which a	6209
manufactured home tax is assessed pursuant to division (D)(2) of	6210
section 4503.06 of the Revised Code, shall be reduced for each	6211
year for which the owner obtains a certificate of reduction from	6212
the county auditor under section 323.154 of the Revised Code. The	6213
amount of the reduction shall equal one-fourth of the amount by	6214
which the taxes charged and payable on the homestead or the	6215
manufactured or mobile home are reduced for such year under	6216
section 319.302 of the Revised Code. Any tax on real property or	6217
on manufactured homes, or renewal of an existing tax on such	6218
property or homes, that is approved by the electors on or after	6219
January 1, 2004, shall not be reduced as required by division (B)	6220
of this section.	6221

(C) The reductions granted by this section do not apply to	6222
special assessments or respread of assessments levied against the	6223
homestead, and if there is a transfer of ownership subsequent to	6224
the filing of an application for a reduction in taxes, such	6225
reductions are not forfeited for such year by virtue of such	6226
transfer.	6227

(D) The reductions in taxable value referred to in this	6228
section shall be applied solely as a factor for the purpose of	6229
computing the reduction of taxes under this section and shall not	6230
affect the total value of property in any subdivision or taxing	6231
district as listed and assessed for taxation on the tax lists and	6232
duplicates, or any direct or indirect limitations on indebtedness	6233
of a subdivision or taxing district. If after application of	6234
sections 5705.31 and 5705.32 of the Revised Code, including the	6235
allocation of all levies within the ten-mill limitation to debt	6236
charges to the extent therein provided, there would be	6237
insufficient funds for payment of debt charges not provided for by	6238
levies in excess of the ten-mill limitation, the reduction of	6239
taxes provided for in sections 323.151 to 323.159 of the Revised	6240
Code shall be proportionately adjusted to the extent necessary to	6241
provide such funds from levies within the ten-mill limitation.	6242

(E) No reduction shall be made on the taxes due on the	6243
homestead of any person convicted of violating division (C) or (D)	6244
of section 323.153 of the Revised Code for a period of three years	6245
following the conviction.	6246

Sec. 329.03. (A) As used in this section:

6247

(1) "Applicant" or "recipient" means an applicant for or	6248
participant in the Ohio works first program established under	6249
Chapter 5107. of the Revised Code or an applicant for or recipient	6250
of disability financial assistance under Chapter 5115. of the	6251
Revised Code.	6252

(2) "Voluntary direct deposit" means a system established	6253
pursuant to this section under which cash assistance payments to	6254
recipients who agree to direct deposit are made by direct deposit	6255
by electronic transfer to an account in a financial institution	6256
designated under this section.	6257

(3) "Mandatory direct deposit" means a system established	6258
pursuant to this section under which cash assistance payments to	6259
all participants in the Ohio works first program or recipients of	6260
disability financial assistance, other than those exempt under	6261
division (E) of this section, are made by direct deposit by	6262
electronic transfer to an account in a financial institution	6263
designated under this section.	6264

(B) A board of county commissioners may by adoption of a	6265
resolution require the county department of job and family	6266
services to establish a direct deposit system for distributing	6267
cash assistance payments under Ohio works first, disability	6268
financial assistance, or both, unless the director of job and	6269
family services has provided for those payments to be made by	6270
electronic benefit transfer pursuant to section 5101.33 of the	6271
Revised Code. Voluntary or mandatory direct deposit may be applied	6272
to either of the programs. The resolution shall specify for each	6273
program for which direct deposit is to be established whether	6274
direct deposit is voluntary or mandatory. The board may require	6275
the department to change or terminate direct deposit by adopting a	6276
resolution to change or terminate it. Within ninety days after	6277
adopting a resolution under this division, the board shall certify	6278
one copy of the resolution to the director of job and family	6279
services and one copy to the office of budget and management. The	6280
director of job and family services may adopt rules governing	6281
establishment of direct deposit by county departments of job and	6282
family services.	6283

The county department of job and family services shall	6284
determine what type of account will be used for direct deposit and	6285
negotiate with financial institutions to determine the charges, if	6286
any, to be imposed by a financial institution for establishing and	6287
maintaining such accounts. Under voluntary direct deposit, the	6288
county department of job and family services may pay all charges	6289
imposed by a financial institution for establishing and	6290
maintaining an account in which direct deposits are made for a	6291
recipient. Under mandatory direct deposit, the county department	6292
of job and family services shall pay all charges imposed by a	6293
financial institution for establishing and maintaining such an	6294
account. No financial institution shall impose any charge for such	6295
an account that the institution does not impose on its other	6296
customers for the same type of account. Direct deposit does not	6297
affect the exemption of Ohio works first and disability financial	6298
assistance from attachment, garnishment, or other like process	6299
afforded by sections 5107.75 and ~~5115.07~~5115.06 of the Revised	6300
Code.	6301

(C) The county department of job and family services shall,	6302
within sixty days after a resolution requiring the establishment	6303
of direct deposit is adopted, establish procedures governing	6304
direct deposit.	6305

Within one hundred eighty days after the resolution is	6306
adopted, the county department shall:	6307

(1) Inform each applicant or recipient of the procedures	6308
governing direct deposit, including in the case of voluntary	6309
direct deposit those that prescribe the conditions under which a	6310
recipient may change from one method of payment to another;	6311

(2) Obtain from each applicant or recipient an authorization	6312
form to designate a financial institution equipped for and	6313
authorized by law to accept direct deposits by electronic transfer	6314
and the account into which the applicant or recipient wishes the	6315
payments to be made, or in the case of voluntary direct deposit	6316
states the applicant's or recipient's election to receive such	6317
payments in the form of a paper warrant.	6318

The department may require a recipient to complete a new	6319
authorization form whenever the department considers it necessary.	6320

A recipient's designation of a financial institution and	6321
account shall remain in effect until withdrawn in writing or	6322
dishonored by the financial institution, except that no change may	6323
be made in the authorization form until the next eligibility	6324
redetermination of the recipient unless the department feels that	6325
good grounds exist for an earlier change.	6326

(D) An applicant or recipient without an account who either	6327
agrees or is required to receive payments by direct deposit shall	6328
have ten days after receiving the authorization form to designate	6329
an account suitable for direct deposit. If within the required	6330
time the applicant or recipient does not make the designation or	6331
requests that the department make the designation, the department	6332
shall designate a financial institution and help the recipient to	6333
open an account.	6334

(E) At the time of giving an applicant or recipient the	6335
authorization form, the county department of job and family	6336
services of a county with mandatory direct deposit shall inform	6337
each applicant or recipient of the basis for exemption and the	6338
right to request exemption from direct deposit.	6339

Under mandatory direct deposit, an applicant or recipient who	6340
wishes to receive payments in the form of a paper warrant shall	6341
record on the authorization form a request for exemption under	6342
this division and the basis for the exemption.	6343

The department shall exempt from mandatory direct deposit any	6344
recipient who requests exemption and is any of the following:	6345

(1) Over age sixty-five;

6346

(2) Blind or disabled;

6347

(3) Likely, in the judgment of the department, to be caused	6348
personal hardship by direct deposit.	6349

A recipient granted an exemption under this division shall	6350
receive payments for which the recipient is eligible in the form	6351
of paper warrants.	6352

(F) The county department of job and family services shall	6353
bear the full cost of the amount of any replacement warrant issued	6354
to a recipient for whom an authorization form as provided in this	6355
section has not been obtained within one hundred eighty days after	6356
the later of the date the board of county commissioners adopts a	6357
resolution requiring payments of financial assistance by direct	6358
deposit to accounts of recipients of Ohio works first or	6359
disability financial assistance or the date the recipient made	6360
application for assistance, and shall not be reimbursed by the	6361
state for any part of the cost. Thereafter, the county department	6362
of job and family services shall continue to bear the full cost of	6363
each replacement warrant issued until the board of county	6364
commissioners requires the county department of job and family	6365
services to obtain from each such recipient the authorization	6366
forms as provided in this section.	6367

Sec. 329.04. (A) The county department of job and family	6368
services shall have, exercise, and perform the following powers	6369
and duties:	6370

(1) Perform any duties assigned by the state department of	6371
job and family services regarding the provision of public family	6372
services, including the provision of the following services to	6373
prevent or reduce economic or personal dependency and to	6374
strengthen family life:	6375

(a) Services authorized by a Title IV-A program, as defined	6376
in section 5101.80 of the Revised Code;	6377

(b) Social services authorized by Title XX of the "Social	6378
Security Act" and provided for by section 5101.46 of the Revised	6379
Code;	6380

(c) If the county department is designated as the child	6381
support enforcement agency, services authorized by Title IV-D of	6382
the "Social Security Act" and provided for by Chapter 3125. of the	6383
Revised Code. The county department may perform the services	6384
itself or contract with other government entities, and, pursuant	6385
to division (C) of section 2301.35 and section 2301.42 of the	6386
Revised Code, private entities, to perform the Title IV-D	6387
services.	6388

(2) Administer disability financial assistance ~~under Chapter~~	6389
~~5115. of the Revised Code~~, as required by the state department of	6390
job and family services under section 5115.03 of the Revised Code;	6391

(3) Administer disability medical assistance, as required by	6392
the state department of job and family services under section	6393
5115.13 of the Revised Code;	6394

~~(3)~~(4) Administer burials insofar as the administration of	6395
burials was, prior to September 12, 1947, imposed upon the board	6396
of county commissioners and if otherwise required by state law;	6397

~~(4)~~(5) Cooperate with state and federal authorities in any	6398
matter relating to family services and to act as the agent of such	6399
authorities;	6400

~~(5)~~(6) Submit an annual account of its work and expenses to	6401
the board of county commissioners and to the state department of	6402
job and family services at the close of each fiscal year;	6403

~~(6)~~(7) Exercise any powers and duties relating to family	6404
services or workforce development activities imposed upon the	6405
county department of job and family services by law, by resolution	6406
of the board of county commissioners, or by order of the governor,	6407
when authorized by law, to meet emergencies during war or peace;	6408

~~(7)~~(8) Determine the eligibility for medical assistance of	6409
recipients of aid under Title XVI of the "Social Security Act";	6410

~~(8)~~(9) If assigned by the state director of job and family	6411
services under section 5101.515 of the Revised Code, determine	6412
applicants' eligibility for health assistance under the children's	6413
health insurance program part II;	6414

~~(9)~~(10) Enter into a plan of cooperation with the board of	6415
county commissioners under section 307.983, consult with the board	6416
in the development of the transportation work plan developed under	6417
section 307.985, establish with the board procedures under section	6418
307.986 for providing services to children whose families relocate	6419
frequently, and comply with the contracts the board enters into	6420
under sections 307.981 and 307.982 of the Revised Code that affect	6421
the county department;	6422

~~(10)~~(11) For the purpose of complying with a partnership	6423
agreement the board of county commissioners enters into under	6424
section 307.98 of the Revised Code, exercise the powers and	6425
perform the duties the partnership agreement assigns to the county	6426
department;	6427

~~(11)~~(12) If the county department is designated as the	6428
workforce development agency, provide the workforce development	6429
activities specified in the contract required by section 330.05 of	6430
the Revised Code.	6431

(B) The powers and duties of a county department of job and	6432
family services are, and shall be exercised and performed, under	6433
the control and direction of the board of county commissioners.	6434
The board may assign to the county department any power or duty of	6435
the board regarding family services and workforce development	6436
activities. If the new power or duty necessitates the state	6437
department of job and family services changing its federal cost	6438
allocation plan, the county department may not implement the power	6439
or duty unless the United States department of health and human	6440
services approves the changes.	6441

Sec. 329.051. The county department of job and family	6442
services shall make voter registration applications as prescribed	6443
by the secretary of state under section 3503.10 of the Revised	6444
Code available to persons who are applying for, receiving	6445
assistance from, or participating in any of the following:	6446

(A) The disability financial assistance program established	6447
under Chapter 5115. of the Revised Code;	6448

(B) The disability medical assistance program established	6449
under Chapter 5115. of the Revised Code;	6450

(C) The medical assistance program established under Chapter	6451
5111. of the Revised Code;	6452

~~(C)~~(D) The Ohio works first program established under Chapter	6453
5107. of the Revised Code;	6454

~~(D)~~(E) The prevention, retention, and contingency program	6455
established under Chapter 5108. of the Revised Code.	6456

Sec. 340.021. (A) In an alcohol, drug addiction, and mental	6457
health service district comprised of a county with a population of	6458
two hundred fifty thousand or more ~~on the effective date of this~~	6459
~~section~~, the board of county commissioners ~~shall, within thirty~~	6460
~~days of the effective date of this section, establish~~may adopt a	6461
resolution providing for either of the following:	6462

(1) Establishment of a board of alcohol, drug addiction, and	6463
mental health services as the entity responsible for providing	6464
alcohol, drug addiction, and mental health services in the county;	6465

(2) Establishment of an alcohol and drug addiction services	6466
board as the entity responsible for providing alcohol and drug	6467
addiction services in the county~~, unless, prior to that date, the~~	6468
~~board adopts a resolution providing that the entity responsible~~	6469
~~for providing the services is a board of alcohol, drug addiction,~~	6470
~~and mental health services. If the board of county commissioners~~	6471
~~establishes an alcohol and drug addiction services board, the~~and	6472
a community mental health board ~~established under former section~~	6473
~~340.02 of the Revised Code shall serve~~ as the entity responsible	6474
for providing mental health services in the county. ABefore	6475
adopting a resolution under division (A) of this section, the	6476
board of county commissioners shall provide notice of the proposed	6477
resolution to the board or boards that serve as the entity or	6478
entities responsible for providing alcohol, drug addiction, and	6479
mental health services in the county. The board of county	6480
commissioners shall not vote on the proposed resolution for at	6481
least sixty days after providing the notice. The board shall	6482
provide an opportunity for the entity or entities to comment on	6483
the proposed resolution.	6484

Each time a board of county commissioners adopts a resolution	6485
under division (A) of this section, the board shall provide for	6486
the equitable adjustment and division or combination of services,	6487
assets, property, debts, and obligations, if any, of the board or	6488
boards that served prior to the adoption of the resolution as the	6489
entity or entities responsible for providing alcohol, drug	6490
addiction, and mental health services in the county.	6491

(C) When a board of county commissioners adopts a resolution	6492
under division (A)(2) of this section providing for the	6493
establishment of an alcohol and drug addiction services board and	6494
a community mental health board, all of the following apply:	6495

(1) The community mental health board has all the powers,	6496
duties, and obligations of a board of alcohol, drug addiction, and	6497
mental health services with regard to mental health services. An	6498
The alcohol and drug addiction services board has all the powers,	6499
duties, and obligations of a board of alcohol, drug addiction, and	6500
mental health services with regard to alcohol and drug addiction	6501
services. ~~Any~~	6502

(2) Any provision of the Revised Code that refers to a board	6503
of alcohol, drug addiction, and mental health services with regard	6504
to mental health services also refers to athe community mental	6505
health board ~~and any~~. Any provision of the Revised Code that	6506
refers to a board of alcohol, drug addiction, and mental health	6507
services with regard to alcohol and drug addiction services also	6508
refers to anthe alcohol and drug addiction services board.	6509

An(3) The alcohol and drug addiction services board shall	6510
consist of eighteen members, six of whom shall be appointed by the	6511
director of alcohol and drug addiction services and twelve of whom	6512
shall be appointed by the board of county commissioners. Of the	6513
members appointed by the director, one shall be a person who has	6514
received or is receiving services for alcohol or drug addiction,	6515
one shall be a parent or relative of such a person, one shall be a	6516
professional in the field of alcohol or drug addiction services,	6517
and one shall be an advocate for persons receiving treatment for	6518
alcohol or drug addiction. The membership of the board shall, as	6519
nearly as possible, reflect the composition of the population of	6520
the service district as to race and sex. Members shall be	6521
residents of the service district and shall be interested in	6522
alcohol and drug addiction services. Requirements for membership,	6523
including prohibitions against certain family and business	6524
relationships, and terms of office shall be the same as those for	6525
members of boards of alcohol, drug addiction, and mental health	6526
services.	6527

~~(B) A~~(4) The community mental health board shall consist of	6528
eighteen members, six of whom shall be appointed by the director	6529
of mental health and twelve of whom shall be appointed by the	6530
board of county commissioners. Of the members appointed by the	6531
director, one shall be a person who has received or is receiving	6532
mental health services, one shall be a parent or relative of such	6533
a person, one shall be a psychiatrist or a physician, and one	6534
shall be a mental health professional. The membership of the board	6535
as nearly as possible shall reflect the composition of the	6536
population of the service district as to race and sex. Members	6537
shall be residents of the service district and shall be interested	6538
in mental health services. Requirements for membership, including	6539
prohibitions against certain family and business relationships,	6540
and terms of office shall be the same as those for members of	6541
boards of alcohol, drug addiction, and mental health services.	6542

Sec. 340.03. (A) Subject to rules issued by the director of	6543
mental health after consultation with relevant constituencies as	6544
required by division (A)(11) of section 5119.06 of the Revised	6545
Code, with regard to mental health services, the board of alcohol,	6546
drug addiction, and mental health services shall:	6547

(1) Serve as the community mental health planning agency for	6548
the county or counties under its jurisdiction, and in so doing it	6549
shall:	6550

(a) Evaluate the need for facilities and community mental	6551
health services;	6552

(b) In cooperation with other local and regional planning and	6553
funding bodies and with relevant ethnic organizations, assess the	6554
community mental health needs, set priorities, and develop plans	6555
for the operation of facilities and community mental health	6556
services;	6557

(c) In accordance with guidelines issued by the director of	6558
mental health after consultation with board representatives,	6559
develop and submit to the department of mental health, no later	6560
than six months prior to the conclusion of the fiscal year in	6561
which the board's current plan is scheduled to expire, a community	6562
mental health plan listing community mental health needs,	6563
including the needs of all residents of the district now residing	6564
in state mental institutions and severely mentally disabled	6565
adults, children, and adolescents; all children subject to a	6566
determination made pursuant to section 121.38 of the Revised Code;	6567
and all the facilities and community mental health services that	6568
are or will be in operation or provided during the period for	6569
which the plan will be in operation in the service district to	6570
meet such needs.	6571

The plan shall include, but not be limited to, a statement of	6572
which of the services listed in section 340.09 of the Revised Code	6573
the board intends to provide or purchase, an explanation of how	6574
the board intends to make any payments that it may be required to	6575
pay under section 5119.62 of the Revised Code, a statement of the	6576
inpatient and community-based services the board proposes that the	6577
department operate, an assessment of the number and types of	6578
residential facilities needed, and such other information as the	6579
department requests, and a budget for moneys the board expects to	6580
receive. The board shall also submit an allocation request for	6581
state and federal funds. Within sixty days after the department's	6582
determination that the plan and allocation request are complete,	6583
the department shall approve or disapprove the plan and request,	6584
in whole or in part, according to the criteria developed pursuant	6585
to section 5119.61 of the Revised Code. The department's statement	6586
of approval or disapproval shall specify the inpatient and the	6587
community-based services that the department will operate for the	6588
board. Eligibility for financial support shall be contingent upon	6589
an approved plan or relevant part of a plan.	6590

If the director disapproves all or part of any plan, the	6591
director shall inform the board of the reasons for the disapproval	6592
and of the criteria that must be met before the plan may be	6593
approved. The director shall provide the board an opportunity to	6594
present its case on behalf of the plan. The director shall give	6595
the board a reasonable time in which to meet the criteria, and	6596
shall offer the board technical assistance to help it meet the	6597
criteria.	6598

If the approval of a plan remains in dispute thirty days	6599
prior to the conclusion of the fiscal year in which the board's	6600
current plan is scheduled to expire, the board or the director may	6601
request that the dispute be submitted to a mutually agreed upon	6602
third-party mediator with the cost to be shared by the board and	6603
the department. The mediator shall issue to the board and the	6604
department recommendations for resolution of the dispute. Prior to	6605
the conclusion of the fiscal year in which the current plan is	6606
scheduled to expire, the director, taking into consideration the	6607
recommendations of the mediator, shall make a final determination	6608
and approve or disapprove the plan, in whole or in part.	6609

If a board determines that it is necessary to amend a plan or	6610
an allocation request that has been approved under division	6611
(A)(1)(c) of this section, the board shall submit a proposed	6612
amendment to the director. The director may approve or disapprove	6613
all or part of the amendment. If the director does not approve all	6614
or part of the amendment within thirty days after it is submitted,	6615
the amendment or part of it shall be considered to have been	6616
approved. The director shall inform the board of the reasons for	6617
disapproval of all or part of an amendment and of the criteria	6618
that must be met before the amendment may be approved. The	6619
director shall provide the board an opportunity to present its	6620
case on behalf of the amendment. The director shall give the board	6621
a reasonable time in which to meet the criteria, and shall offer	6622
the board technical assistance to help it meet the criteria.	6623

The board shall implement the plan approved by the	6624
department.	6625

(d) Receive, compile, and transmit to the department of	6626
mental health applications for state reimbursement;	6627

(e) Promote, arrange, and implement working agreements with	6628
social agencies, both public and private, and with judicial	6629
agencies.	6630

(2) Investigate, or request another agency to investigate,	6631
any complaint alleging abuse or neglect of any person receiving	6632
services from a community mental health agency as defined in	6633
section 5122.01 of the Revised Code, or from a residential	6634
facility licensed under section 5119.22 of the Revised Code. If	6635
the investigation substantiates the charge of abuse or neglect,	6636
the board shall take whatever action it determines is necessary to	6637
correct the situation, including notification of the appropriate	6638
authorities. Upon request, the board shall provide information	6639
about such investigations to the department.	6640

(3) For the purpose of section 5119.611 of the Revised Code,	6641
cooperate with the director of mental health in visiting and	6642
evaluating whether the services of a community mental health	6643
agency satisfy the certification standards established by rules	6644
adopted under that section;	6645

(4) In accordance with criteria established under division	6646
(G) of section 5119.61 of the Revised Code, review and evaluate	6647
the quality, effectiveness, and efficiency of services provided	6648
through its community mental health plan and submit its findings	6649
and recommendations to the department of mental health;	6650

(5) In accordance with section 5119.22 of the Revised Code,	6651
review applications for residential facility licenses and	6652
recommend to the department of mental health approval or	6653
disapproval of applications;	6654

(6) Audit, in accordance with rules adopted by the auditor of	6655
state pursuant to section 117.20 of the Revised Code, at least	6656
annually all programs and services provided under contract with	6657
the board. In so doing, the board may contract for or employ the	6658
services of private auditors. A copy of the fiscal audit report	6659
shall be provided to the director of mental health, the auditor of	6660
state, and the county auditor of each county in the board's	6661
district.	6662

(7) Recruit and promote local financial support for mental	6663
health programs from private and public sources;	6664

(8)(a) Enter into contracts with public and private	6665
facilities for the operation of facility services included in the	6666
board's community mental health plan and enter into contracts with	6667
public and private community mental health agencies for the	6668
provision of community mental health services listed in section	6669
340.09 of the Revised Code and included in the board's community	6670
mental health plan. Contracts with community mental health	6671
agencies are subject to section 5119.611 of the Revised Code.	6672
Section 307.86 of the Revised Code does not apply to contracts	6673
entered into under this division. In contracting with a community	6674
mental health agency, a board shall consider the cost	6675
effectiveness of services provided by that agency and the quality	6676
and continuity of care, and may review cost elements, including	6677
salary costs, of the services to be provided. A utilization review	6678
process shall be established as part of the contract for services	6679
entered into between a board and a community mental health agency.	6680
The board may establish this process in a way that is most	6681
effective and efficient in meeting local needs. In the case of a	6682
contract with a community mental health facility ~~described~~, as	6683
defined in ~~division (B) of~~ section 5111.022 of the Revised Code,	6684
to provide services ~~established by~~listed in division ~~(A)~~(B) of	6685
that section, the contract shall provide for the facility to be	6686
paid in accordance with the contract entered into between the	6687
departments of job and family services and mental health under	6688
~~division (E) of that~~ section 5111.91 of the Revised Code and any	6689
rules adopted under division (A) of section 5119.61 of the Revised	6690
Code.	6691

If either the board or a facility or community mental health	6692
agency with which the board contracts under division (A)(8)(a) of	6693
this section proposes not to renew the contract or proposes	6694
substantial changes in contract terms, the other party shall be	6695
given written notice at least one hundred twenty days before the	6696
expiration date of the contract. During the first sixty days of	6697
this one hundred twenty-day period, both parties shall attempt to	6698
resolve any dispute through good faith collaboration and	6699
negotiation in order to continue to provide services to persons in	6700
need. If the dispute has not been resolved sixty days before the	6701
expiration date of the contract, either party may notify the	6702
department of mental health of the unresolved dispute. The	6703
director may require both parties to submit the dispute to a third	6704
party with the cost to be shared by the board and the facility or	6705
community mental health agency. The third party shall issue to the	6706
board, the facility or agency, and the department recommendations	6707
on how the dispute may be resolved twenty days prior to the	6708
expiration date of the contract, unless both parties agree to a	6709
time extension. The director shall adopt rules establishing the	6710
procedures of this dispute resolution process.	6711

(b) With the prior approval of the director of mental health,	6712
a board may operate a facility or provide a community mental	6713
health service as follows, if there is no other qualified private	6714
or public facility or community mental health agency that is	6715
immediately available and willing to operate such a facility or	6716
provide the service:	6717

(i) In an emergency situation, any board may operate a	6718
facility or provide a community mental health service in order to	6719
provide essential services for the duration of the emergency;	6720

(ii) In a service district with a population of at least one	6721
hundred thousand but less than five hundred thousand, a board may	6722
operate a facility or provide a community mental health service	6723
for no longer than one year;	6724

(iii) In a service district with a population of less than	6725
one hundred thousand, a board may operate a facility or provide a	6726
community mental health service for no longer than one year,	6727
except that such a board may operate a facility or provide a	6728
community mental health service for more than one year with the	6729
prior approval of the director and the prior approval of the board	6730
of county commissioners, or of a majority of the boards of county	6731
commissioners if the district is a joint-county district.	6732

The director shall not give a board approval to operate a	6733
facility or provide a community mental health service under	6734
division (A)(8)(b)(ii) or (iii) of this section unless the	6735
director determines that it is not feasible to have the department	6736
operate the facility or provide the service.	6737

The director shall not give a board approval to operate a	6738
facility or provide a community mental health service under	6739
division (A)(8)(b)(iii) of this section unless the director	6740
determines that the board will provide greater administrative	6741
efficiency and more or better services than would be available if	6742
the board contracted with a private or public facility or	6743
community mental health agency.	6744

The director shall not give a board approval to operate a	6745
facility previously operated by a person or other government	6746
entity unless the board has established to the director's	6747
satisfaction that the person or other government entity cannot	6748
effectively operate the facility or that the person or other	6749
government entity has requested the board to take over operation	6750
of the facility. The director shall not give a board approval to	6751
provide a community mental health service previously provided by a	6752
community mental health agency unless the board has established to	6753
the director's satisfaction that the agency cannot effectively	6754
provide the service or that the agency has requested the board	6755
take over providing the service.	6756

The director shall review and evaluate a board's operation of	6757
a facility and provision of community mental health service under	6758
division (A)(8)(b) of this section.	6759

Nothing in division (A)(8)(b) of this section authorizes a	6760
board to administer or direct the daily operation of any facility	6761
or community mental health agency, but a facility or agency may	6762
contract with a board to receive administrative services or staff	6763
direction from the board under the direction of the governing body	6764
of the facility or agency.	6765

(9) Approve fee schedules and related charges or adopt a unit	6766
cost schedule or other methods of payment for contract services	6767
provided by community mental health agencies in accordance with	6768
guidelines issued by the department as necessary to comply with	6769
state and federal laws pertaining to financial assistance;	6770

(10) Submit to the director and the county commissioners of	6771
the county or counties served by the board, and make available to	6772
the public, an annual report of the programs under the	6773
jurisdiction of the board, including a fiscal accounting;	6774

(11) Establish, to the extent resources are available, a	6775
community support system, which provides for treatment, support,	6776
and rehabilitation services and opportunities. The essential	6777
elements of the system include, but are not limited to, the	6778
following components in accordance with section 5119.06 of the	6779
Revised Code:	6780

(a) To locate persons in need of mental health services to	6781
inform them of available services and benefits mechanisms;	6782

(b) Assistance for clients to obtain services necessary to	6783
meet basic human needs for food, clothing, shelter, medical care,	6784
personal safety, and income;	6785

(c) Mental health care, including, but not limited to,	6786
outpatient, partial hospitalization, and, where appropriate,	6787
inpatient care;	6788

(d) Emergency services and crisis intervention;

6789

(e) Assistance for clients to obtain vocational services and	6790
opportunities for jobs;	6791

(f) The provision of services designed to develop social,	6792
community, and personal living skills;	6793

(g) Access to a wide range of housing and the provision of	6794
residential treatment and support;	6795

(h) Support, assistance, consultation, and education for	6796
families, friends, consumers of mental health services, and	6797
others;	6798

(i) Recognition and encouragement of families, friends,	6799
neighborhood networks, especially networks that include racial and	6800
ethnic minorities, churches, community organizations, and	6801
meaningful employment as natural supports for consumers of mental	6802
health services;	6803

(j) Grievance procedures and protection of the rights of	6804
consumers of mental health services;	6805

(k) Case management, which includes continual individualized	6806
assistance and advocacy to ensure that needed services are offered	6807
and procured.	6808

(12) Designate the treatment program, agency, or facility for	6809
each person involuntarily committed to the board pursuant to	6810
Chapter 5122. of the Revised Code and authorize payment for such	6811
treatment. The board shall provide the least restrictive and most	6812
appropriate alternative that is available for any person	6813
involuntarily committed to it and shall assure that the services	6814
listed in section 340.09 of the Revised Code are available to	6815
severely mentally disabled persons residing within its service	6816
district. The board shall establish the procedure for authorizing	6817
payment for services, which may include prior authorization in	6818
appropriate circumstances. The board may provide for services	6819
directly to a severely mentally disabled person when life or	6820
safety is endangered and when no community mental health agency is	6821
available to provide the service.	6822

(13) Establish a method for evaluating referrals for	6823
involuntary commitment and affidavits filed pursuant to section	6824
5122.11 of the Revised Code in order to assist the probate	6825
division of the court of common pleas in determining whether there	6826
is probable cause that a respondent is subject to involuntary	6827
hospitalization and what alternative treatment is available and	6828
appropriate, if any;	6829

(14) Ensure that apartments or rooms built, subsidized,	6830
renovated, rented, owned, or leased by the board or a community	6831
mental health agency have been approved as meeting minimum fire	6832
safety standards and that persons residing in the rooms or	6833
apartments are receiving appropriate and necessary services,	6834
including culturally relevant services, from a community mental	6835
health agency. This division does not apply to residential	6836
facilities licensed pursuant to section 5119.22 of the Revised	6837
Code.	6838

(15) Establish a mechanism for involvement of consumer	6839
recommendation and advice on matters pertaining to mental health	6840
services in the alcohol, drug addiction, and mental health service	6841
district;	6842

(16) Perform the duties under section 3722.18 of the Revised	6843
Code required by rules adopted under section 5119.61 of the	6844
Revised Code regarding referrals by the board or mental health	6845
agencies under contract with the board of individuals with mental	6846
illness or severe mental disability to adult care facilities and	6847
effective arrangements for ongoing mental health services for the	6848
individuals. The board is accountable in the manner specified in	6849
the rules for ensuring that the ongoing mental health services are	6850
effectively arranged for the individuals.	6851

(B) The board shall establish such rules, operating	6852
procedures, standards, and bylaws, and perform such other duties	6853
as may be necessary or proper to carry out the purposes of this	6854
chapter.	6855

(C) A board of alcohol, drug addiction, and mental health	6856
services may receive by gift, grant, devise, or bequest any	6857
moneys, lands, or property for the benefit of the purposes for	6858
which the board is established, and may hold and apply it	6859
according to the terms of the gift, grant, or bequest. All money	6860
received, including accrued interest, by gift, grant, or bequest	6861
shall be deposited in the treasury of the county, the treasurer of	6862
which is custodian of the alcohol, drug addiction, and mental	6863
health services funds to the credit of the board and shall be	6864
available for use by the board for purposes stated by the donor or	6865
grantor.	6866

(D) No board member or employee of a board of alcohol, drug	6867
addiction, and mental health services shall be liable for injury	6868
or damages caused by any action or inaction taken within the scope	6869
of the board member's official duties or the employee's	6870
employment, whether or not such action or inaction is expressly	6871
authorized by this section, section 340.033, or any other section	6872
of the Revised Code, unless such action or inaction constitutes	6873
willful or wanton misconduct. Chapter 2744. of the Revised Code	6874
applies to any action or inaction by a board member or employee of	6875
a board taken within the scope of the board member's official	6876
duties or employee's employment. For the purposes of this	6877
division, the conduct of a board member or employee shall not be	6878
considered willful or wanton misconduct if the board member or	6879
employee acted in good faith and in a manner that the board member	6880
or employee reasonably believed was in or was not opposed to the	6881
best interests of the board and, with respect to any criminal	6882
action or proceeding, had no reasonable cause to believe the	6883
conduct was unlawful.	6884

(E) The meetings held by any committee established by a board	6885
of alcohol, drug addiction, and mental health services shall be	6886
considered to be meetings of a public body subject to section	6887
121.22 of the Revised Code.	6888

Sec. 505.69. As used in this section, "rail property" and	6889
"rail service" have the same meanings as in section ~~4981.01~~	6890
5507.01 of the Revised Code.	6891

The board of township trustees may acquire, rehabilitate, and	6892
develop rail property and rail service, and may enter into	6893
agreements with ~~the Ohio rail development commission,~~ boards of	6894
county commissioners, legislative authorities of municipal	6895
corporations, other boards of township trustees, with other	6896
governmental agencies or organizations, and with private agencies	6897
or organizations in order to achieve those purposes.	6898

Sec. 717.01. Each municipal corporation may do any of the	6899
following:	6900

(A) Acquire by purchase or condemnation real estate with or	6901
without buildings on it, and easements or interests in real	6902
estate;	6903

(B) Extend, enlarge, reconstruct, repair, equip, furnish, or	6904
improve a building or improvement that it is authorized to acquire	6905
or construct;	6906

(C) Erect a crematory or provide other means for disposing of	6907
garbage or refuse, and erect public comfort stations;	6908

(D) Purchase turnpike roads and make them free;

6909

(E) Construct wharves and landings on navigable waters;

6910

(F) Construct infirmaries, workhouses, prisons, police	6911
stations, houses of refuge and correction, market houses, public	6912
halls, public offices, municipal garages, repair shops, storage	6913
houses, and warehouses;	6914

(G) Construct or acquire waterworks for supplying water to	6915
the municipal corporation and its inhabitants and extend the	6916
waterworks system outside of the municipal corporation limits;	6917

(H) Construct or purchase gas works or works for the	6918
generation and transmission of electricity, for the supplying of	6919
gas or electricity to the municipal corporation and its	6920
inhabitants;	6921

(I) Provide grounds for cemeteries or crematories, enclose	6922
and embellish them, and construct vaults or crematories;	6923

(J) Construct sewers, sewage disposal works, flushing	6924
tunnels, drains, and ditches;	6925

(K) Construct free public libraries and reading rooms, and	6926
free recreation centers;	6927

(L) Establish free public baths and municipal lodging houses;

6928

(M) Construct monuments or memorial buildings to commemorate	6929
the services of soldiers, sailors, and marines of the state and	6930
nation;	6931

(N) Provide land for and improve parks, boulevards, and	6932
public playgrounds;	6933

(O) Construct hospitals and pesthouses;

6934

(P) Open, construct, widen, extend, improve, resurface, or	6935
change the line of any street or public highway;	6936

(Q) Construct and improve levees, dams, waterways,	6937
waterfronts, and embankments and improve any watercourse passing	6938
through the municipal corporation;	6939

(R) Construct or improve viaducts, bridges, and culverts;

6940

(S)(1) Construct any building necessary for the police or	6941
fire department;	6942

(2) Purchase fire engines or fire boats;

6943

(3) Construct water towers or fire cisterns;

6944

(4) Place underground the wires or signal apparatus of any	6945
police or fire department.	6946

(T) Construct any municipal ice plant for the purpose of	6947
manufacturing ice for the citizens of a municipal corporation;	6948

(U) Construct subways under any street or boulevard or	6949
elsewhere;	6950

(V) Acquire by purchase, gift, devise, bequest, lease,	6951
condemnation proceedings, or otherwise, real or personal property,	6952
and thereon and thereof to establish, construct, enlarge, improve,	6953
equip, maintain, and operate airports, landing fields, or other	6954
air navigation facilities, either within or outside the limits of	6955
a municipal corporation, and acquire by purchase, gift, devise,	6956
lease, or condemnation proceedings rights-of-way for connections	6957
with highways, waterways, and electric, steam, and interurban	6958
railroads, and improve and equip such facilities with structures	6959
necessary or appropriate for such purposes. No municipal	6960
corporation may take or disturb property or facilities belonging	6961
to any public utility or to a common carrier engaged in interstate	6962
commerce, which property or facilities are required for the proper	6963
and convenient operation of the utility or carrier, unless	6964
provision is made for the restoration, relocation, or duplication	6965
of the property or facilities elsewhere at the sole cost of the	6966
municipal corporation.	6967

(W) Provide by agreement with any regional airport authority,	6968
created under section 308.03 of the Revised Code, for the making	6969
of necessary surveys, appraisals, and examinations preliminary to	6970
the acquisition or construction of any airport or airport facility	6971
and pay the portion of the expense of the surveys, appraisals, and	6972
examinations as set forth in the agreement;	6973

(X) Provide by agreement with any regional airport authority,	6974
created under section 308.03 of the Revised Code, for the	6975
acquisition, construction, maintenance, or operation of any	6976
airport or airport facility owned or to be owned and operated by	6977
the regional airport authority or owned or to be owned and	6978
operated by the municipal corporation and pay the portion of the	6979
expense of it as set forth in the agreement;	6980

(Y) Acquire by gift, purchase, lease, or condemnation, land,	6981
forest, and water rights necessary for conservation of forest	6982
reserves, water parks, or reservoirs, either within or without the	6983
limits of the municipal corporation, and improve and equip the	6984
forest and water parks with structures, equipment, and	6985
reforestation necessary or appropriate for any purpose for the	6986
utilization of any of the forest and water benefits that may	6987
properly accrue therefrom to the municipal corporation;	6988

(Z) Acquire real property by purchase, gift, or devise and	6989
construct and maintain on it public swimming pools, either within	6990
or outside the limits of the municipal corporation;	6991

(AA) Construct or rehabilitate, equip, maintain, operate, and	6992
lease facilities for housing of elderly persons and for persons of	6993
low and moderate income, and appurtenant facilities. No municipal	6994
corporation shall deny housing accommodations to or withhold	6995
housing accommodations from elderly persons or persons of low and	6996
moderate income because of race, color, religion, sex, familial	6997
status as defined in section 4112.01 of the Revised Code,	6998
disability as defined in that section, ancestry, or national	6999
origin. Any elderly person or person of low or moderate income who	7000
is denied housing accommodations or has them withheld by a	7001
municipal corporation because of race, color, religion, sex,	7002
familial status as defined in section 4112.01 of the Revised Code,	7003
disability as defined in that section, ancestry, or national	7004
origin may file a charge with the Ohio civil rights commission as	7005
provided in Chapter 4112. of the Revised Code.	7006

(BB) Acquire, rehabilitate, and develop rail property or rail	7007
service, and enter into agreements with ~~the Ohio rail development~~	7008
~~commission,~~ boards of county commissioners, boards of township	7009
trustees, legislative authorities of other municipal corporations,	7010
with other governmental agencies or organizations, and with	7011
private agencies or organizations in order to achieve those	7012
purposes;	7013

(CC) Appropriate and contribute money to a soil and water	7014
conservation district for use under Chapter 1515. of the Revised	7015
Code;	7016

(DD) Authorize the board of county commissioners, pursuant to	7017
a contract authorizing the action, to contract on the municipal	7018
corporation's behalf for the administration and enforcement within	7019
its jurisdiction of the state building code by another county or	7020
another municipal corporation located within or outside the	7021
county. The contract for administration and enforcement shall	7022
provide for obtaining certification pursuant to division (E) of	7023
section 3781.10 of the Revised Code for the exercise of	7024
administration and enforcement authority within the municipal	7025
corporation seeking those services and shall specify which	7026
political subdivision is responsible for securing that	7027
certification.	7028

(EE) Expend money for providing and maintaining services and	7029
facilities for senior citizens.	7030

"Airport," "landing field," and "air navigation facility," as	7031
defined in section 4561.01 of the Revised Code, apply to division	7032
(V) of this section.	7033

As used in divisions (W) and (X) of this section, "airport"	7034
and "airport facility" have the same meanings as in section 308.01	7035
of the Revised Code.	7036

As used in division (BB) of this section, "rail property" and	7037
"rail service" have the same meanings as in section ~~4981.01~~	7038
5507.01 of the Revised Code.	7039

Sec. 901.17. ~~(A)~~ The division of markets ~~shall~~may do all of	7040
the following:	7041

~~(1)~~(A) Investigate the cost of production and marketing in	7042
all its phases;	7043

~~(2)~~(B) Gather and disseminate information concerning supply,	7044
demand, prevailing prices, and commercial movements, including	7045
common and cold storage of food products, and maintain market news	7046
service for disseminating such information;	7047

~~(3)~~(C) Promote, assist, and encourage the organization and	7048
operation of cooperative and other associations and organizations	7049
for improving the relations and services among producers,	7050
distributors, and consumers of food products;	7051

~~(4)~~(D) Investigate the practice, methods, and any specific	7052
transaction of commission merchants and others who receive,	7053
solicit, buy, or handle on commission or otherwise, food products;	7054

~~(5)~~(E) Act as mediator or arbitrator, when invited, in any	7055
controversy or issue that arises between producers and	7056
distributors and that affects the interest of the consumer;	7057

~~(6)~~(F) Act on behalf of the consumers in conserving and	7058
protecting their interests in every practicable way against	7059
excessive prices;	7060

~~(7)~~(G) Act as market adviser for producers and distributors,	7061
assisting them in economical and efficient distribution of good	7062
products at fair prices;	7063

~~(8)~~(H) Encourage the establishment of retail municipal	7064
markets and develop direct dealing between producers and	7065
consumers;	7066

~~(9)~~(I) Encourage the consumption of Ohio-grown products	7067
within the state, nationally, and internationally~~, and inspect and~~	7068
~~determine the grade and condition of farm produce, both at~~	7069
~~collecting and receiving centers within the state~~;	7070

~~(10)~~(J) Take such means and use such powers, relative to	7071
shipment, transportation, and storage of foodstuffs of any kind,	7072
as are necessary, advisable, or desirable in case of an emergency	7073
creating or threatening to create a scarcity of food within the	7074
state;	7075

(K) Participate in trade missions between states and foreign	7076
countries in order to encourage the sale and promotion of	7077
Ohio-grown products.	7078

~~(B)(1) The director of agriculture shall adopt and may amend~~	7079
~~schedules of fees to be charged for inspecting farm produce at~~	7080
~~collecting and receiving centers or such other services as may be~~	7081
~~rendered under this section. All such fees shall be made with a~~	7082
~~view to the minimum cost and to make this branch of the department~~	7083
~~of agriculture self-sustaining.~~	7084

~~The fees shall be deposited in the state treasury and~~	7085
~~credited to the inspection fund, which is hereby created, for use~~	7086
~~in carrying out the purposes of this section. All investment~~	7087
~~earnings of the inspection fund shall be credited to the fund. If,~~	7088
~~in any year, the balance in the inspection fund is not sufficient~~	7089
~~to meet the expenses incurred pursuant to this section, the~~	7090
~~deficit shall be paid from funds appropriated for the use of the~~	7091
~~department.~~	7092

~~(2) The director may adopt a schedule of fees to be charged~~	7093
~~for inspecting any agricultural product for the purposes of the~~	7094
~~issuance of an export certificate, as may be required by the~~	7095
~~United States department of agriculture or foreign purchasers.~~	7096
~~Such fees shall be credited to the general revenue fund.~~	7097

Sec. 901.21. (A) As used in this section and section 901.22	7098
of the Revised Code:	7099

(1) "Agricultural easement" has the same meaning as in	7100
section 5301.67 of the Revised Code.	7101

(2) "Agriculture" means those activities occurring on land	7102
devoted exclusively to agricultural use, as defined in section	7103
5713.30 of the Revised Code, or on land that constitutes a	7104
homestead.	7105

(3) "Homestead" means the portion of a farm on which is	7106
located a dwelling house, yard, or outbuildings such as a barn or	7107
garage.	7108

(B) The director of agriculture may acquire real property	7109
used predominantly in agriculture and agricultural easements by	7110
gift, devise, or bequest if, at the time an easement is granted,	7111
such an easement is on land that is valued for purposes of real	7112
property taxation at its current value for agricultural use under	7113
section 5713.31 of the Revised Code or that constitutes a	7114
homestead. Any terms may be included in an agricultural easement	7115
so acquired that are necessary or appropriate to preserve on	7116
behalf of the grantor of the easement the favorable tax	7117
consequences of the gift, devise, or bequest under the "Internal	7118
Revenue Act of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.	7119
The director, by any such means or by purchase or lease, may	7120
acquire, or acquire the use of, stationary personal property or	7121
equipment that is located on land acquired in fee by the director	7122
under this section and that is necessary or appropriate for the	7123
use of the land predominantly in agriculture.	7124

(C) The director may do all things necessary or appropriate	7125
to retain the use of real property acquired in fee under division	7126
(B) of this section predominantly in agriculture, including,	7127
without limitation, performing any of the activities described in	7128
division (A)(1) or (2) of section 5713.30 of the Revised Code or	7129
entering into contracts to lease or rent the real property so	7130
acquired to persons or governmental entities that will use the	7131
land predominantly in agriculture.	7132

(D)(1) When the director considers it to be necessary or	7133
appropriate, the director may sell real property acquired in fee,	7134
and stationary personal property or equipment acquired by gift,	7135
devise, bequest, or purchase, under division (B) of this section	7136
on such terms as the director considers to be advantageous to this	7137
state.	7138

(2) An agricultural easement acquired under division (B) of	7139
this section may be extinguished under the circumstances	7140
prescribed, and in accordance with the terms and conditions set	7141
forth, in the instrument conveying the agricultural easement.	7142

(E) There is hereby created in the state treasury the	7143
agricultural easement purchase fund. The fund shall consist of the	7144
proceeds received from the sale of real and personal property	7145
under division (D) of this section; moneys received due to the	7146
extinguishment of agricultural easements acquired by the director	7147
under division (B) of this section or section 5301.691 of the	7148
Revised Code; moneys received due to the extinguishment of	7149
agricultural easements purchased with the assistance of matching	7150
grants made under section 901.22 of the Revised Code; gifts,	7151
bequests, devises, and contributions received by the director for	7152
the purpose of acquiring agricultural easements; and grants	7153
received from public or private sources for the purpose of	7154
purchasing agricultural easements. The fund shall be administered	7155
by the director, and moneys in the fund shall be used by the	7156
director exclusively to purchase agricultural easements under	7157
division (A) of section 5301.691 of the Revised Code and provide	7158
matching grants under section 901.22 of the Revised Code to	7159
municipal corporations, counties, townships, and charitable	7160
organizations for the purchase of agricultural easements. Money in	7161
the fund shall be used only to purchase agricultural easements on	7162
land that is valued for purposes of real property taxation at its	7163
current value for agricultural use under section 5713.31 of the	7164
Revised Code or that constitutes a homestead when the easement is	7165
purchased.	7166

(F) There is hereby created in the state treasury the clean	7167
Ohio agricultural easement fund. Twelve and one-half per cent of	7168
net proceeds of obligations issued and sold pursuant to sections	7169
151.01 and 151.09 of the Revised Code shall be deposited into the	7170
fund. The fund shall be used by the director for the purposes of	7171
sections 901.21 and 901.22 and the provisions of sections 5301.67	7172
to 5301.70 of the Revised Code governing agricultural easements.	7173
Investment earnings of the fund shall be credited to the fund~~. For~~	7174
~~two years after the effective date of this amendment, investment~~	7175
~~earnings credited to the fund~~and may be used to pay costs	7176
incurred by the director in administering those sections and	7177
provisions.	7178

(G) The term of an agricultural easement purchased wholly or	7179
in part with money from the clean Ohio agricultural easement fund	7180
or the agricultural easement purchase fund shall be perpetual and	7181
shall run with the land.	7182

Sec. 921.151. The pesticide program fund is hereby created	7183
in the state treasury. ~~All~~The portion of the money in the fund	7184
that is collected under this chapter shall be used to carry out	7185
the purposes of this chapter. The portion of the money in the fund	7186
that is collected under section 927.69 of the Revised Code shall	7187
be used to carry out the purposes specified in that section, and	7188
the portion of the money in the fund that is collected under	7189
section 927.701 of the Revised Code shall be used to carry out the	7190
purposes of that section. The fund shall consist of fees collected	7191
under sections 921.01 to 921.15 and section 927.69 of the Revised	7192
Code, money collected under section 927.701 of the Revised Code,	7193
and all fines, penalties, costs, and damages, except court costs,	7194
~~which~~that are collected by either the director of agriculture or	7195
the attorney general in consequence of any violation of sections	7196
921.01 to 921.29 of the Revised Code. Not later than the thirtieth	7197
day of June of each year, the director of budget and management	7198
shall determine whether the amount credited to the pesticide	7199
program fund under this chapter is in excess of the amount	7200
necessary to meet the expenses of the director of agriculture in	7201
administering this chapter and shall transfer any such excess from	7202
the pesticide program fund to the general revenue fund.	7203

Sec. 927.69. To effect the purpose of sections 927.51 to	7204
927.74~~, inclusive,~~ of the Revised Code, the director of	7205
agriculture, or ~~his~~the director's authorized representative, may:	7206

(A) Make reasonable inspection of any premises in this state	7207
and any property therein or thereon;	7208

(B) Stop and inspect in a reasonable manner, any means of	7209
conveyance moving within this state upon probable cause to believe	7210
it contains or carries any pest, host, commodity, or other article	7211
~~which~~that is subject to sections 927.51 to 927.72~~, inclusive,~~ of	7212
the Revised Code;	7213

(C) Conduct inspections of agricultural products that are	7214
required by other states, the United States department of	7215
agriculture, other federal agencies, or foreign countries to	7216
determine whether the products are infested. If, upon making such	7217
an inspection, the director or the director's authorized	7218
representative determines that an agricultural product is not	7219
infested, the director or the director's authorized representative	7220
may issue a certificate, as required by other states, the United	7221
States department of agriculture, other federal agencies, or	7222
foreign countries, indicating that the product is not infested.	7223

If the director charges fees for any of the certificates,	7224
agreements, or inspections specified in this division, the fees	7225
shall be as follows:	7226

(1) Phyto sanitary certificates, twenty-five dollars;

7227

(2) Compliance agreements, twenty dollars;

7228

(3) Solid wood packing certificates, twenty dollars;

7229

(4) Vegetable, fruit, and field crop inspections, sixty-five	7230
dollars.	7231

The director may adopt rules under section 927.52 of the	7232
Revised Code that define the certificates, agreements, and	7233
inspections.	7234

The fees shall be deposited into the state treasury to the	7235
credit of the pesticide program fund created in Chapter 921. of	7236
the Revised Code. Money credited to the fund shall be used to pay	7237
the costs incurred by the department of agriculture in employing a	7238
minimum of two inspectors.	7239

Sec. 927.701. (A) As used in this section, "gypsy moth"	7240
means the live insect, Lymantria dispar, in any stage of	7241
development.	7242

(B) The director of agriculture may establish a voluntary	7243
gypsy moth suppression program under which a landowner may request	7244
that the department of agriculture have the landowner's property	7245
aerially sprayed to suppress the presence of gypsy moths in	7246
exchange for payment from the landowner of a portion of the cost	7247
of the spraying. To determine the amount of payment that is due	7248
from a landowner, the department first shall determine the	7249
projected cost per acre to the department of gypsy moth	7250
suppression activities for the year in which the landowner's	7251
request is made. The cost shall be calculated by determining the	7252
total expense of aerial spraying for gypsy moths to be incurred by	7253
the department in that year divided by the total number of acres	7254
proposed to be sprayed in that year. With respect to a landowner,	7255
the department shall multiply the cost per acre by the number of	7256
acres that the landowner requests to be sprayed. The department	7257
shall add to that amount any administrative costs that it incurs	7258
in billing the landowner and collecting payment. The amount that	7259
the landowner shall pay to the department shall not exceed fifty	7260
per cent of the resulting amount.	7261

(C) The director shall adopt rules under Chapter 119. of the	7262
Revised Code to establish procedures under which a landowner may	7263
make a request under division (B) of this section and to establish	7264
provisions governing agreements between the department and	7265
landowners concerning gypsy moth suppression together with any	7266
other provisions that the director considers appropriate to	7267
administer this section.	7268

(D) The director shall deposit all money collected under this	7269
section into the state treasury to the credit of the pesticide	7270
program fund created in Chapter 921. of the Revised Code. Money	7271
credited to the fund under this section shall be used for the	7272
suppression of gypsy moths in accordance with this section.	7273

Sec. 1309.109. (A) Except as otherwise provided in divisions	7274
(C) and (D) of this section, this chapter applies to the	7275
following:	7276

(1) A transaction, regardless of its form, that creates a	7277
security interest in personal property or fixtures by contract;	7278

(2) An agricultural lien;

7279

(3) A sale of accounts, chattel paper, payment intangibles,	7280
or promissory notes;	7281

(4) A consignment;

7282

(5) A security interest arising under section 1302.42 or	7283
1302.49, division (C) of section 1302.85, or division (E) of	7284
section 1310.54 of the Revised Code, as provided in section	7285
1309.110 of the Revised Code; and	7286

(6) A security interest arising under section 1304.20 or	7287
1305.18 of the Revised Code.	7288

(B) The application of this chapter to a security interest in	7289
a secured obligation is not affected by the fact that the	7290
obligation is itself secured by a transaction or interest to which	7291
this chapter does not apply.	7292

7293

(1) A statute, regulation, or treaty of the United States	7294
preempts this chapter; or	7295

(2) The rights of a transferee beneficiary or nominated	7296
person under a letter of credit are independent and superior under	7297
section 1305.13 of the Revised Code.	7298

(D) This chapter does not apply to the following:

7299

(1) A landlord's lien, other than an agricultural lien;

7300

(2)(a) A lien, not enumerated in division (D)(2) of this	7301
section and other than an agricultural lien, given by statute or	7302
other rule of law for services or materials, including any lien	7303
created under any provision of Chapter 926., sections 1311.55 to	7304
1311.57, sections 1311.71 to 1311.80, section 1701.66, or Chapter	7305
4585. of the Revised Code;	7306

(b) Notwithstanding division (D)(2)(a) of this section,	7307
section 1309.333 of the Revised Code applies with respect to	7308
priority of the lien.	7309

(3) An assignment of a claim for wages, salary, or other	7310
compensation of an employee;	7311

(4) A sale of accounts, chattel paper, payment intangibles,	7312
or promissory notes as part of a sale of the business out of which	7313
they arose;	7314

(5) An assignment of accounts, chattel paper, payment	7315
intangibles, or promissory notes that is for the purpose of	7316
collection only;	7317

(6) An assignment of a right to payment under a contract to	7318
an assignee that is also obligated to perform under the contract;	7319

(7) An assignment of a single account, payment intangible, or	7320
promissory note to an assignee in full or partial satisfaction of	7321
a preexisting indebtedness;	7322

(8) A transfer of an interest in or an assignment of a claim	7323
under a policy of insurance, other than an assignment by or to a	7324
health-care provider of a health-care-insurance receivable and any	7325
subsequent assignment of the right to payment, but sections	7326
1309.315 and 1309.322 of the Revised Code apply with respect to	7327
proceeds and priorities in proceeds;	7328

(9) An assignment of a right represented by a judgment, other	7329
than a judgment taken on a right to payment that was collateral;	7330

(10) A right of recoupment or set-off, but:

7331

(a) Section 1309.340 of the Revised Code applies with respect	7332
to the effectiveness of rights of recoupment or set-off against	7333
deposit accounts; and	7334

(b) Section 1309.404 of the Revised Code applies with respect	7335
to defenses or claims of an account debtor.	7336

(11) The creation or transfer of an interest in or lien on	7337
real property, including a lease or rents under a lease, except to	7338
the extent that provision is made for:	7339

(a) Liens on real property in sections 1309.203 and 1309.308	7340
of the Revised Code;	7341

(b) Fixtures in section 1309.334 of the Revised Code;

7342

(c) Fixture filings in sections 1309.501, 1309.502, 1309.512,	7343
1309.516, and 1309.519 of the Revised Code; and	7344

(d) Security agreements covering personal and real property	7345
in section 1309.604 of the Revised Code.	7346

(12) An assignment of a claim arising in tort, other than a	7347
commercial tort claim, but sections 1309.315 and 1309.322 of the	7348
Revised Code apply with respect to proceeds and priorities in	7349
proceeds;	7350

(13) An assignment of a deposit account in a consumer	7351
transaction, but sections 1309.315 and 1309.322 of the Revised	7352
Code apply with respect to proceeds and priorities in proceeds; or	7353

(14) A transfer by a government, state, or governmental unit.

7354

(E) The granting of a security interest in all or any part of	7355
a lottery prize award for consideration is subject to the	7356
prohibition of division ~~(A)(3)~~(C) of section 3770.07 of the	7357
Revised Code. The sale, assignment, or other redirection of a	7358
lottery prize award for consideration is subject to the provisions	7359
of division ~~(A)(4)~~(D) of section 3770.07 and sections 3770.10 to	7360
3770.14 of the Revised Code.	7361

Sec. 1321.21. All fees, charges, penalties, and forfeitures	7362
collected under Chapters 1321., 1322., 4712., 4727., and 4728.,	7363
sections 1315.21 to 1315.30, ~~and~~ sections 1315.35 to 1315.44, and	7364
sections 1349.25 to 1349.37 of the Revised Code shall be paid to	7365
the superintendent of financial institutions and shall be	7366
deposited by the superintendent into the state treasury to the	7367
credit of the consumer finance fund, which is hereby created. The	7368
fund may be expended or obligated by the superintendent for the	7369
defrayment of the costs of administration of Chapters 1321.,	7370
1322., 4712., 4727., and 4728., sections 1315.21 to 1315.30, ~~and~~	7371
sections 1315.35 to 1315.44, and sections 1349.25 to 1349.37 of	7372
the Revised Code by the division of financial institutions. All	7373
actual and necessary expenses incurred by the superintendent,	7374
including any services rendered by the department of commerce for	7375
the division's administration of Chapters 1321., 1322., 4712.,	7376
4727., and 4728., sections 1315.21 to 1315.30, ~~and~~ sections	7377
1315.35 to 1315.44, and sections 1349.25 to 1349.37 of the Revised	7378
Code, shall be paid from the fund. The fund shall be assessed a	7379
proportionate share of the administrative costs of the department	7380
and the division. The proportionate share of the administrative	7381
costs of the division of financial institutions shall be	7382
determined in accordance with procedures prescribed by the	7383
superintendent and approved by the director of budget and	7384
management. Such assessment shall be paid from the consumer	7385
finance fund to the division of administration fund or the	7386
financial institutions fund.	7387

Sec. 1333.99. (A) Whoever violates sections 1333.01 to	7388
1333.04 of the Revised Code is guilty of a minor misdemeanor.	7389

(B) Whoever violates section 1333.12 of the Revised Code is	7390
guilty of a misdemeanor of the fourth degree.	7391

(C) Whoever violates section 1333.36 of the Revised Code is	7392
guilty of a misdemeanor of the third degree.	7393

(D) A prosecuting attorney may file an action to restrain any	7394
person found in violation of section 1333.36 of the Revised Code.	7395
Upon the filing of such an action, the common pleas court may	7396
receive evidence of such violation and forthwith grant a temporary	7397
restraining order as may be prayed for, pending a hearing on the	7398
merits of said cause.	7399

(E) Whoever violates division (A)(1) of section 1333.52 or	7400
section 1333.81 of the Revised Code is guilty of a misdemeanor of	7401
the first degree.	7402

(F) Whoever violates division (A)(2) or (B) of section	7403
1333.52 ~~or division (F) or (H) of section 1333.96~~ of the Revised	7404
Code is guilty of a misdemeanor of the second degree.	7405

(G) Except as otherwise provided in this division, whoever	7406
violates section 1333.92 of the Revised Code is guilty of a	7407
misdemeanor of the first degree. If the value of the compensation	7408
is five hundred dollars or more and less than five thousand	7409
dollars, whoever violates section 1333.92 of the Revised Code is	7410
guilty of a felony of the fifth degree. If the value of the	7411
compensation is five thousand dollars or more and less than one	7412
hundred thousand dollars, whoever violates section 1333.92 of the	7413
Revised Code is guilty of a felony of the fourth degree. If the	7414
value of the compensation is one hundred thousand dollars or more,	7415
whoever violates section 1333.92 of the Revised Code is guilty of	7416
a felony of the third degree.	7417

~~(H) Whoever violates division (B), (C), or (I) of section~~	7418
~~1333.96 of the Revised Code is guilty of a misdemeanor of the~~	7419
~~third degree.~~	7420

~~(I) Any person not registered as a travel agency or tour~~	7421
~~promoter as provided in divisions (B) and (C) of section 1333.96~~	7422
~~of the Revised Code who states that the person is so registered is~~	7423
~~guilty of a misdemeanor of the first degree.~~	7424

Sec. 1501.04. There is hereby created in the department of	7425
natural resources a recreation and resources commission composed	7426
of the ~~chairman~~chairperson of the wildlife council created under	7427
section 1531.03 of the Revised Code, the ~~chairman~~chairperson of	7428
the parks and recreation council created under section 1541.40 of	7429
the Revised Code, the ~~chairman~~chairperson of the waterways safety	7430
council created under section 1547.73 of the Revised Code, the	7431
~~chairman~~chairperson of the technical advisory council on oil and	7432
gas created under section 1509.38 of the Revised Code, the	7433
chairman of the forestry advisory council created under section	7434
1503.40 of the Revised Code, the ~~chairman~~chairperson of the Ohio	7435
soil and water conservation commission created under section	7436
1515.02 of the Revised Code, the ~~chairman~~chairperson of the Ohio	7437
natural areas council created under section 1517.03 of the Revised	7438
Code, the ~~chairman~~chairperson of the Ohio water advisory council	7439
created under section 1521.031 of the Revised Code, the	7440
chairperson of the recycling and litter prevention advisory	7441
council created under section 1502.04 of the Revised Code, ~~the~~	7442
~~chairperson of the civilian conservation advisory council created~~	7443
~~under section 1553.10 of the Revised Code,~~ the ~~chairman~~	7444
chairperson of the Ohio geology advisory council created under	7445
section 1505.11 of the Revised Code, and five members appointed by	7446
the governor with the advice and consent of the senate, not more	7447
than three of whom shall belong to the same political party. The	7448
director of natural resources shall be an ex officio member of the	7449
commission, with a voice in its deliberations, but without the	7450
power to vote.	7451

Terms of office of members of the commission appointed by the	7452
governor shall be for five years, commencing on the second day of	7453
February and ending on the first day of February. Each member	7454
shall hold office from the date of ~~his~~ appointment until the end	7455
of the term for which hethe member was appointed.	7456

In the event of the death, removal, resignation, or	7457
incapacity of a member of the commission, the governor, with the	7458
advice and consent of the senate, shall appoint a successor who	7459
shall hold office for the remainder of the term for which ~~his~~the	7460
member's predecessor was appointed. Any member shall continue in	7461
office subsequent to the expiration date of ~~his~~the member's term	7462
until ~~his~~the member's successor takes office, or until a period	7463
of sixty days has elapsed, whichever occurs first.	7464

The governor may remove any appointed member of the	7465
commission for misfeasance, nonfeasance, or malfeasance in office.	7466

The commission shall exercise no administrative function, but	7467
may:	7468

(A) Advise with and recommend to the director ~~of natural~~	7469
~~resources~~ as to plans and programs for the management,	7470
development, utilization, and conservation of the natural	7471
resources of the state;	7472

(B) Advise with and recommend to the director as to methods	7473
of coordinating the work of the divisions of the department;	7474

(C) Consider and make recommendations upon any matter ~~which~~	7475
that the director may submit to it;	7476

(D) Submit to the governor biennially recommendations for	7477
amendments to the conservation laws of the state.	7478

~~Before~~Each member of the commission, before entering upon	7479
the discharge of ~~his~~the member's duties, ~~each member of the~~	7480
~~commission~~ shall take and subscribe to an oath of office, which	7481
oath, in writing, shall be filed in the office of the secretary of	7482
state.	7483

The members of the commission shall serve without	7484
compensation, but shall be entitled to receive their actual and	7485
necessary expenses incurred in the performance of their official	7486
duties.	7487

The commission, by a majority vote of all its members, shall	7488
adopt and amend bylaws.	7489

To be eligible for appointment, a person shall be a citizen	7490
of the United States and an elector of the state and shall possess	7491
a knowledge of and have an interest in the natural resources of	7492
this state.	7493

The commission shall hold at least four regular quarterly	7494
meetings each year. Special meetings shall be held at such times	7495
as the bylaws of the commission provide. Notices of all meetings	7496
shall be given in such manner as the bylaws provide. The	7497
commission shall choose annually from among its members a ~~chairman~~	7498
chairperson to preside over its meetings and a secretary to keep a	7499
record of its proceedings. A majority of the members of the	7500
commission constitutes a quorum. No advice shall be given or	7501
recommendation made without a majority of the members of the	7502
commission concurring therein.	7503

Sec. 1513.05. There is hereby created a reclamation	7504
commission consisting of seven members appointed by the governor	7505
with the advice and consent of the senate. For the purposes of	7506
hearing appeals under section 1513.13 of the Revised Code that	7507
involve mine safety issues, the reclamation commission shall	7508
consist of two additional members appointed specifically for that	7509
function by the governor with the advice and consent of the	7510
senate. All terms of office shall be for five years, commencing on	7511
the twenty-ninth day of June and ending on the twenty-eighth day	7512
of June. Each member shall hold office from the date of	7513
appointment until the end of the term for which the appointment	7514
was made. Each vacancy occurring on the commission shall be filled	7515
by appointment within sixty days after the vacancy occurs. Any	7516
member appointed to fill a vacancy occurring prior to the	7517
expiration of the term for which the member's predecessor was	7518
appointed shall hold office for the remainder of such term. Any	7519
member shall continue in office subsequent to the expiration date	7520
of the member's term until the member's successor takes office, or	7521
until a period of sixty days has elapsed, whichever occurs first.	7522

Two of the appointees to the commission shall be persons who,	7523
at the time of their appointment, own and operate a farm or are	7524
retired farmers. Notwithstanding section 1513.04 of the Revised	7525
Code, one of the appointees to the commission shall be a person	7526
who, at the time of appointment, is the representative of an	7527
operator of a coal mine. One of the appointees to the commission	7528
shall be a person who, by reason of the person's previous	7529
vocation, employment, or affiliations, can be classed as a	7530
representative of the public. One of the appointees to the	7531
commission shall be a person who, by reason of previous training	7532
and experience, can be classed as one learned and experienced in	7533
modern forestry practices. One of the appointees to the commission	7534
shall be a person who, by reason of previous training and	7535
experience, can be classed as one learned and experienced in	7536
agronomy. One of the appointees to the commission shall be either	7537
a person who, by reason of previous training and experience, can	7538
be classed as one capable and experienced in earth-grading	7539
problems, or a civil engineer. Beginning not later than five years	7540
after the effective date of this amendment, at least one of the	7541
seven appointees to the commission shall be an attorney at law who	7542
is admitted to practice in this state and is familiar with mining	7543
issues. Not more than four members shall be members of the same	7544
political party.	7545

The two additional members of the commission who are	7546
appointed specifically to hear appeals that involve mine safety	7547
issues shall be individuals who, because of previous vocation,	7548
employment, or affiliation, can be classified as representatives	7549
of employees currently engaged in mining operations. One shall be	7550
a representative of coal miners, and one shall be a representative	7551
of aggregates miners. Prior to making the appointment, the	7552
governor shall request the highest ranking officer in the major	7553
employee organization representing coal miners in this state to	7554
submit to the governor the names and qualifications of three	7555
nominees and shall request the highest ranking officer in the	7556
major employee organization representing aggregates miners in this	7557
state to do the same. The governor shall appoint one person	7558
nominated by each organization to the commission. The nominees	7559
shall have not less than five years of practical experience in	7560
dealing with mine health and safety issues and at the time of the	7561
nomination shall be employed in positions that involve the	7562
protection of the health and safety of miners. The major employee	7563
organization representing coal miners and the major employee	7564
organization representing aggregates miners shall represent a	7565
membership consisting of the largest number of coal miners and	7566
aggregates miners, respectively, in this state compared to other	7567
employee organizations in the year prior to the year in which the	7568
appointments are made.	7569

When the commission hears an appeal that involves a coal	7570
mining safety issue, one of the commission members who owns and	7571
operates a farm or is a retired farmer shall be replaced by the	7572
additional member who is a representative of coal miners. When the	7573
commission hears an appeal that involves an aggregates mining	7574
safety issue, one of the commission members who owns and operates	7575
a farm or is a retired farmer shall be replaced by the additional	7576
member who is a representative of aggregates miners. Neither of	7577
the additional members who are appointed specifically to hear	7578
appeals that involve mine safety issues shall be considered to be	7579
members of the commission for any other purpose, and they shall	7580
not participate in any other matters that come before the	7581
commission.	7582

The commission may appoint a secretary to hold office at its	7583
pleasure. A commission member may serve as secretary. The	7584
secretary shall perform such duties as the commission prescribes,	7585
and shall receive such compensation as the commission fixes in	7586
accordance with such schedules as are provided by law for the	7587
compensation of state employees.	7588

The commission shall appoint one or more hearing officers who	7589
shall be attorneys at law admitted to practice in this state to	7590
conduct hearings under this chapter.	7591

Four members constitute a quorum, and no action of the	7592
commission shall be valid unless it has the concurrence of at	7593
least four members. The commission shall keep a record of its	7594
proceedings.	7595

Each member shall be paid as compensation for work as a	7596
member one hundred fifty dollars per day when actually engaged in	7597
the performance of work as a member and when engaged in travel	7598
necessary in connection with such work. In addition to such	7599
compensation each member shall be reimbursed for all traveling,	7600
hotel, and other expenses, in accordance with the current travel	7601
rules of the office of budget and management, necessarily incurred	7602
in the performance of the member's work as a member.	7603

Annually one member shall be elected as chairperson and	7604
another member shall be elected as vice-chairperson for terms of	7605
one year.	7606

The governor may remove any member of the commission from	7607
office for inefficiency, neglect of duty, malfeasance,	7608
misfeasance, or nonfeasance, after delivering to the member the	7609
charges against the member in writing with at least ten days'	7610
written notice of the time and place at which the governor will	7611
publicly hear the member, either in person or by counsel, in	7612
defense of the charges against the member. If the member is	7613
removed from office, the governor shall file in the office of the	7614
secretary of state a complete statement of the charges made	7615
against the member and a complete report of the proceedings. The	7616
action of the governor removing a member from office is final.	7617

The commission shall adopt rules governing procedure of	7618
appeals under section 1513.13 of the Revised Code and may, for its	7619
own internal management, adopt rules that do not affect private	7620
rights.	7621

Sec. 1519.05. (A) As used in this section, "local political	7622
subdivision" and "nonprofit organization" have the same meanings	7623
as in section 164.20 of the Revised Code.	7624

(B) There is hereby created in the state treasury the clean	7625
Ohio trail fund. Twelve and one-half per cent of the net proceeds	7626
of obligations issued and sold pursuant to sections 151.01 and	7627
151.09 of the Revised Code shall be deposited into the fund.	7628

Investment earnings of the fund shall be credited to the	7629
fund~~. For two years after the effective date of this section,~~	7630
~~investment earnings credited to the fund~~and may be used to pay	7631
costs incurred by the director of natural resources in	7632
administering this section.	7633

Money in the clean Ohio trail fund shall not be used for the	7634
appropriation of land, rights, rights-of-way, franchises,	7635
easements, or other property through the exercise of the right of	7636
eminent domain.	7637

The director shall use moneys in the fund exclusively to	7638
provide matching grants to nonprofit organizations and to local	7639
political subdivisions for the purposes of purchasing land or	7640
interests in land for recreational trails and for the construction	7641
of such trails. A matching grant may provide up to seventy-five	7642
per cent of the cost of a recreational trail project, and the	7643
recipient of the matching grant shall provide not less than	7644
twenty-five per cent of that cost.	7645

(C) The director shall establish policies for the purposes of	7646
this section. The policies shall establish all of the following:	7647

(1) Procedures for providing matching grants to nonprofit	7648
organizations and local political subdivisions for the purposes of	7649
purchasing land or interests in land for recreational trails and	7650
for the construction of such trails, including, without	7651
limitation, procedures for both of the following:	7652

(a) Developing a grant application form and soliciting,	7653
accepting, and approving grant applications;	7654

(b) Participation by nonprofit organizations and local	7655
political subdivisions in the application process.	7656

(2) A requirement that an application for a matching grant	7657
for a recreational trail project include a copy of a resolution	7658
supporting the project from each county in which the proposed	7659
project is to be conducted and whichever of the following is	7660
applicable:	7661

(a) If the proposed project is to be conducted wholly within	7662
the geographical boundaries of one township, a copy of a	7663
resolution supporting the project from the township;	7664

(b) If the proposed project is to be conducted wholly within	7665
the geographical boundaries of one municipal corporation, a copy	7666
of a resolution supporting the project from the municipal	7667
corporation;	7668

(c) If the proposed project is to be conducted in more than	7669
one, but fewer than five townships or municipal corporations, a	7670
copy of a resolution supporting the project from at least one-half	7671
of the total number of townships and municipal corporations in	7672
which the proposed project is to be conducted;	7673

(d) If the proposed project is to be conducted in five or	7674
more municipal corporations, a copy of a resolution supporting the	7675
project from at least three-fifths of the total number of	7676
townships and municipal corporations in which the proposed project	7677
is to be conducted.	7678

(3) Eligibility criteria that must be satisfied by an	7679
applicant in order to receive a matching grant and that emphasize	7680
the following:	7681

(a) Synchronization with the statewide trail plan;

7682

(b) Complete regional systems and links to the statewide	7683
trail system;	7684

7685

(d) The provision of links in urban areas that support	7686
commuter access and show economic impact on local communities;	7687

(e) The linkage of population centers with public outdoor	7688
recreation areas and facilities;	7689

(f) The purchase of rail lines that are linked to the	7690
statewide trail plan;	7691

(g) The preservation of natural corridors.

7692

(4) Items of value, such as in-kind contributions of land,	7693
easements or other interests in land, labor, or materials, that	7694
may be considered as contributing toward the percentage of the	7695
cost of a recreational trails project that must be provided by a	7696
matching grant recipient.	7697

Sec. 1521.06. (A) No dam may be constructed for the purpose	7698
of storing, conserving, or retarding water, or for any other	7699
purpose, nor shall any dike or levee be constructed for the	7700
purpose of diverting or retaining flood water, unless the person	7701
or governmental agency desiring the construction has a	7702
construction permit for the dam, dike, or levee issued by the	7703
chief of the division of water.	7704

A construction permit is not required under this section for:

7705

(1) A dam ~~which~~that is or will be less than ten feet in	7706
height and ~~which~~that has or will have a storage capacity of not	7707
more than fifty acre-feet at the elevation of the top of the dam,	7708
as determined by the chief. For the purposes of this section, the	7709
height of a dam shall be measured from the natural stream bed or	7710
lowest ground elevation at the downstream or outside limit of the	7711
dam to the elevation of the top of the dam.	7712

(2) A dam, regardless of height, ~~which~~that has or will have	7713
a storage capacity of not more than fifteen acre-feet at the	7714
elevation of the top of the dam, as determined by the chief;	7715

(3) A dam, regardless of storage capacity, ~~which~~that is or	7716
will be six feet or less in height, as determined by the chief;	7717

(4) A dam, dike, or levee ~~which~~that belongs to a class	7718
exempted by the chief;	7719

(5) The repair, maintenance, improvement, alteration, or	7720
removal of a dam, dike, or levee ~~which~~that is subject to section	7721
1521.062 of the Revised Code, unless the construction constitutes	7722
an enlargement of the structure as determined by the chief;	7723

(6) A dam or impoundment constructed under Chapter 1513. of	7724
the Revised Code.	7725

(B) Before a construction permit may be issued, three copies	7726
of the plans and specifications, including a detailed cost	7727
estimate, for the proposed construction, prepared by a registered	7728
professional engineer, together with the filing fee specified by	7729
this section and the bond or other security required by section	7730
1521.061 of the Revised Code, shall be filed with the chief. The	7731
detailed estimate of the cost shall include all costs associated	7732
with the construction of the dam, dike, or levee, including	7733
supervision and inspection of the construction by a registered	7734
professional engineer. ~~Except for a political subdivision, the~~The	7735
filing fee shall be based on the detailed cost estimate for the	7736
proposed construction as filed with and approved by the chief, and	7737
shall be determined by the following schedule unless otherwise	7738
provided by rules adopted under this section:	7739

(1) For the first one hundred thousand dollars of estimated	7740
cost, a fee of ~~two~~four per cent;	7741

(2) For the next four hundred thousand dollars of estimated	7742
cost, a fee of ~~one and one-half~~three per cent;	7743

(3) For the next five hundred thousand dollars of estimated	7744
cost, a fee of ~~one~~two per cent;	7745

(4) For all costs in excess of one million dollars, a fee of	7746
~~one-quarter~~one-half of one per cent.	7747

In no case shall the filing fee be less than ~~two hundred~~one	7748
thousand dollars or more than ~~fifty~~one hundred thousand dollars.	7749
If the actual cost exceeds the estimated cost by more than fifteen	7750
per cent, an additional filing fee shall be required equal to the	7751
fee determined by the preceding schedule less the original filing	7752
fee. ~~The filing fee for a political subdivision shall be two~~	7753
~~hundred dollars.~~ All fees collected pursuant to this section, and	7754
all fines collected pursuant to section 1521.99 of the Revised	7755
Code, shall be deposited in the state treasury to the credit of	7756
the dam safety fund, which is hereby created. Expenditures from	7757
the fund shall be made by the chief for the purpose of	7758
administering this section and sections 1521.061 and 1521.062 of	7759
the Revised Code.	7760

(C) The chief shall, within thirty days from the date of the	7761
receipt of the application, fee, and bond or other security, issue	7762
or deny a construction permit for the construction or may issue a	7763
construction permit conditioned upon the making of such changes in	7764
the plans and specifications for the construction as hethe chief	7765
considers advisable if hethe chief determines that the	7766
construction of the proposed dam, dike, or levee, in accordance	7767
with the plans and specifications filed, would endanger life,	7768
health, or property.	7769

(D) The chief may deny a construction permit ~~if he finds~~	7770
after finding that a dam, dike, or levee built in accordance with	7771
the plans and specifications would endanger life, health, or	7772
property, because of improper or inadequate design, or for such	7773
other reasons as the chief may determine.	7774

In the event the chief denies a permit for the construction	7775
of the dam, dike, or levee, or issues a permit conditioned upon a	7776
making of changes in the plans or specifications for the	7777
construction, hethe chief shall state ~~his~~the reasons therefor	7778
and so notify, in writing, the person or governmental agency	7779
making the application for a permit. If the permit is denied, the	7780
chief shall return the bond or other security to the person or	7781
governmental agency making application for the permit.	7782

The decision of the chief conditioning or denying a	7783
construction permit is subject to appeal as provided in Chapter	7784
119. of the Revised Code. A dam, dike, or levee built	7785
substantially at variance from the plans and specifications upon	7786
which a construction permit was issued is in violation of this	7787
section. The chief may at any time inspect any dam, dike, or	7788
levee, or site upon which any dam, dike, or levee is to be	7789
constructed, in order to determine whether it complies with this	7790
section.	7791

(E) A registered professional engineer shall inspect the	7792
construction for which the permit was issued during all phases of	7793
construction and shall furnish to the chief such regular reports	7794
of ~~his~~the engineer's inspections as the chief may require. When	7795
the chief finds that construction has been fully completed in	7796
accordance with the terms of the permit and the plans and	7797
specifications approved by ~~him~~the chief, hethe chief shall	7798
approve the construction. When one year has elapsed after approval	7799
of the completed construction, and the chief finds that within	7800
this period no fact has become apparent to indicate that the	7801
construction was not performed in accordance with the terms of the	7802
permit and the plans and specifications approved by the chief, or	7803
that the construction as performed would endanger life, health, or	7804
property, hethe chief shall release the bond or other security.	7805
No bond or other security shall be released until one year after	7806
final approval by the chief, unless the dam, dike, or levee has	7807
been modified so that it will not retain water and has been	7808
approved as nonhazardous after determination by the chief that the	7809
dam, dike, or levee as modified will not endanger life, health, or	7810
property.	7811

(F) When inspections required by this section are not being	7812
performed, the chief shall notify the person or governmental	7813
agency to which the permit has been issued that inspections are	7814
not being performed by the registered professional engineer and	7815
that the chief will inspect the remainder of the construction.	7816
Thereafter, the chief shall inspect the construction and the cost	7817
of inspection shall be charged against the owner. Failure of the	7818
registered professional engineer to submit required inspection	7819
reports shall be deemed notice that ~~his~~the engineer's inspections	7820
are not being performed.	7821

(G) The chief may order construction to cease on any dam,	7822
dike, or levee ~~which~~that is being built in violation of ~~the~~	7823
~~provisions of~~ this section, and may prohibit the retention of	7824
water behind any dam, dike, or levee ~~which~~that has been built in	7825
violation of ~~the provisions of~~ this section. The attorney general,	7826
upon written request of the chief, may bring an action for an	7827
injunction against any person who violates this section or to	7828
enforce an order or prohibition of the chief made pursuant to this	7829
section.	7830

(H) The chief may adopt rules in accordance with Chapter 119.	7831
of the Revised Code, for the design and construction of dams,	7832
dikes, and levees for which a construction permit is required by	7833
this section or for which periodic inspection is required by	7834
section 1521.062 of the Revised Code, for establishing a filing	7835
fee schedule in lieu of the schedule established under division	7836
(B) of this section, for deposit and forfeiture of bonds and other	7837
securities required by section 1521.061 of the Revised Code, for	7838
the periodic inspection, operation, repair, improvement,	7839
alteration, or removal of all dams, dikes, and levees, as	7840
specified in section 1521.062 of the Revised Code, and for	7841
establishing classes of dams, dikes, or levees ~~which~~that are	7842
exempt from the requirements of sections 1521.06 and 1521.062 of	7843
the Revised Code as being of a size, purpose, or situation ~~which~~	7844
that does not present a substantial hazard to life, health, or	7845
property. The chief may, by rule, limit the period during which a	7846
construction permit issued under this section is valid. If a	7847
construction permit expires before construction is completed, the	7848
person or agency shall apply for a new permit, and shall not	7849
continue construction until the new permit is issued.	7850

~~(I) As used in this section and section 1521.063 of the~~	7851
~~Revised Code, "political subdivision" includes townships,~~	7852
~~municipal corporations, counties, school districts, municipal~~	7853
~~universities, park districts, sanitary districts, and conservancy~~	7854
~~districts and subdivisions thereof.~~	7855

Sec. 1521.063. (A) Except for ~~a political subdivision~~the	7856
federal government, the owner of any dam subject to section	7857
1521.062 of the Revised Code shall pay an annual fee, based upon	7858
the height of the dam, to the division of water on or before June	7859
30, 1988, and on or before the thirtieth day of June of each	7860
succeeding year. The annual fee shall be as follows until	7861
otherwise provided by rules adopted under this section:	7862

(1) For any dam classified as a class I dam under rules	7863
adopted by the chief of the division of water under section	7864
1521.06 of the Revised Code, thirty dollars plus ~~three~~ten dollars	7865
per foot of height of dam;	7866

(2) For any dam classified as a class II dam under those	7867
rules, thirty dollars plus one dollar per foot of height of dam;	7868

(3) For any dam classified as a class III dam under those	7869
rules, thirty dollars.	7870

For purposes of this section, the height of a dam is the	7871
vertical height, to the nearest foot, as determined by the	7872
division under section 1521.062 of the Revised Code. All fees	7873
collected under this section shall be deposited in the dam safety	7874
fund created in section 1521.06 of the Revised Code. Any owner who	7875
fails to pay any annual fee required by this section within sixty	7876
days after the due date shall be assessed a penalty of ten per	7877
cent of the annual fee plus interest at the rate of one-half per	7878
cent per month from the due date until the date of payment.	7879

(B) The chief shall, in accordance with Chapter 119. of the	7880
Revised Code, adopt, and may amend or rescind, rules for the	7881
collection of fees and the administration, implementation, and	7882
enforcement of this section and for the establishment of an annual	7883
fee schedule in lieu of the schedule established under division	7884
(A) of this section.	7885

(C)(1) No person, political subdivision, or state	7886
governmental agency shall violate or fail to comply with this	7887
section or any rule or order adopted or issued under it.	7888

(2) The attorney general, upon written request of the chief,	7889
may commence an action against any such violator. Any action under	7890
division (C)(2) of this section is a civil action.	7891

(D) As used in this section, "political subdivision" includes	7892
townships, municipal corporations, counties, school districts,	7893
municipal universities, park districts, sanitary districts, and	7894
conservancy districts and subdivisions thereof.	7895

Sec. 1531.26. There is hereby created in the state treasury	7896
the nongame and endangered wildlife fund, which shall consist of	7897
moneys paid into it by the tax commissioner under section 5747.113	7898
of the Revised Code, moneys deposited in the fund from the	7899
issuance of wildlife conservation license plates under section	7900
4503.57 of the Revised Code, moneys deposited in the fund from the	7901
issuance of bald eagle license plates under section 4503.572 of	7902
the Revised Code, moneys credited to the fund under section	7903
1533.151 of the Revised Code, and of contributions made directly	7904
to it. Any person may contribute directly to the fund in addition	7905
to or independently of the income tax refund contribution system	7906
established in section 5747.113 of the Revised Code. Moneys in the	7907
fund shall be disbursed pursuant to vouchers approved by the	7908
director of natural resources for use by the division of wildlife	7909
solely for the purchase, management, preservation, propagation,	7910
protection, and stocking of wild animals that are not commonly	7911
taken for sport or commercial purposes, including the acquisition	7912
of title and easements to lands, biological investigations, law	7913
enforcement, production of educational materials, sociological	7914
surveys, habitat development, and personnel and equipment costs;	7915
and for carrying out section 1531.25 of the Revised Code. Moneys	7916
in the fund also may be used to promote and develop nonconsumptive	7917
wildlife recreational opportunities involving wild animals. Moneys	7918
in the fund from the issuance of bald eagle license plates under	7919
section 4503.572 of the Revised Code shall be expended by the	7920
division only to pay the costs of acquiring, developing, and	7921
restoring habitat for bald eagles within this state. Moneys in the	7922
fund from any other source also may be used to pay the costs of	7923
acquiring, developing, and restoring habitat for bald eagles	7924
within this state.	7925

All investment earnings of the fund shall be credited to the	7926
fund. Subject to the approval of the director, the chief of the	7927
division of wildlife may enter into agreements that the chief	7928
considers appropriate to obtain additional moneys for the	7929
protection of nongame native wildlife under the "Endangered	7930
Species Act of 1973," 87 Stat. 884, 16 U.S.C.A. 1541-1543, as	7931
amended, and the "Fish and Wildlife Conservation Act of 1980," 94	7932
Stat. 1322, 16 U.S.C.A. 2901-2911, as amended. Moneys appropriated	7933
from the fund are not intended to replace other moneys	7934
appropriated for these purposes.	7935

Sec. 1533.08. Except as otherwise provided by division rule,	7936
any person desiring to collect wild animals that are protected by	7937
law or their nests or eggs for scientific study, school	7938
instruction, other educational uses, or rehabilitation shall make	7939
application to the chief of the division of wildlife for a wild	7940
animal collecting permit on a form furnished by the chief. Each	7941
applicant for a wild animal collecting permit, other than an	7942
applicant desiring to rehabilitate wild animals, shall pay an	7943
annual fee of ~~ten~~twenty-five dollars for each permit. No fee	7944
shall be charged to an applicant desiring to rehabilitate wild	7945
animals. When it appears that the application is made in good	7946
faith, the chief shall issue to the applicant a permit to take,	7947
possess, and transport at any time and in any manner specimens of	7948
wild animals protected by law or their nests and eggs for	7949
scientific study, school instruction, other educational uses, or	7950
rehabilitation and under any additional rules recommended by the	7951
wildlife council. Upon the receipt of a permit, the holder may	7952
take, possess, and transport those wild animals in accordance with	7953
the permit.	7954

Each holder of a permit engaged in collecting such wild	7955
animals shall carry the permit at all times and shall exhibit it	7956
upon demand to any wildlife officer, constable, sheriff, deputy	7957
sheriff, or police officer, to the owner or person in lawful	7958
control of the land upon which the permit holder is collecting, or	7959
to any other person. Failure to so carry or exhibit the permit	7960
constitutes an offense under this section.	7961

Each permit holder shall keep a daily record of all specimens	7962
collected under the permit and the disposition of the specimens	7963
and shall exhibit the daily record to any official of the division	7964
upon demand.	7965

Each permit shall remain in effect for one year from the date	7966
of issuance unless it is revoked sooner by the chief.	7967

All moneys received as fees for the issuance of a wild animal	7968
collecting permit shall be transmitted to the director of natural	7969
resources to be paid into the state treasury to the credit of the	7970
fund created by section 1533.15 of the Revised Code.	7971

Sec. 1533.10. Except as provided in this section or division	7972
(A) of section 1533.12 of the Revised Code, no person shall hunt	7973
any wild bird or wild quadruped without a hunting license. Each	7974
day that any person hunts within the state without procuring such	7975
a license constitutes a separate offense. ~~Every~~Except as	7976
otherwise provided in this section, every applicant for a hunting	7977
license who is a resident of the state and sixteen years of age or	7978
more shall procure a resident hunting license, the fee for which	7979
shall be ~~fourteen~~eighteen dollars, unless the rules adopted under	7980
division (B) of section 1533.12 of the Revised Code provide for	7981
issuance of a resident hunting license to the applicant free of	7982
charge. Except as provided in rules adopted under division (B)(2)	7983
of that section, each applicant who is a resident of this state	7984
and who at the time of application is sixty-six years of age or	7985
older shall procure a special senior hunting license, the fee for	7986
which shall be one-half of the regular hunting license fee. Every	7987
applicant who is a resident of the state and under the age of	7988
sixteen years shall procure a special youth hunting license, the	7989
fee for which shall be one-half of the regular hunting license	7990
fee. The owner of lands in the state and the owner's children of	7991
any age and grandchildren under eighteen years of age may hunt on	7992
the lands without a hunting license. The tenant ~~or manager~~ and	7993
children of the tenant ~~or manager~~, residing on lands in the state,	7994
may hunt on them without a hunting license. Every applicant for a	7995
hunting license who is a nonresident of the state shall procure a	7996
nonresident hunting license, the fee for which shall be ~~ninety~~one	7997
hundred twenty-four dollars, unless the applicant is a resident of	7998
a state that is a party to an agreement under section 1533.91 of	7999
the Revised Code, in which case the fee shall be ~~fourteen~~eighteen	8000
dollars.	8001

The chief of the division of wildlife may issue a ~~tourist's~~	8002
small game hunting license expiring three days from the effective	8003
date of the license to a nonresident of the state, the fee for	8004
which shall be ~~twenty-four~~thirty-nine dollars. No person shall	8005
take or possess deer, wild turkeys, fur-bearing animals, ducks,	8006
geese, brant, or any nongame animal while possessing only a	8007
~~tourist's~~small game hunting license. A ~~tourist's~~small game	8008
hunting license does not authorize the taking or possessing of	8009
ducks, geese, or brant without having obtained, in addition to the	8010
~~tourist's~~small game hunting license, a wetlands habitat stamp as	8011
provided in section 1533.112 of the Revised Code. A ~~tourist's~~	8012
small game hunting license does not authorize the taking or	8013
possessing of deer, wild turkeys, or fur-bearing animals. A	8014
nonresident of the state who wishes to take or possess deer, wild	8015
turkeys, or fur-bearing animals in this state shall procure,	8016
respectively, a special deer or wild turkey permit as provided in	8017
section 1533.11 of the Revised Code or a fur taker permit as	8018
provided in section 1533.111 of the Revised Code in addition to a	8019
nonresident hunting license as provided in this section.	8020

No person shall procure or attempt to procure a hunting	8021
license by fraud, deceit, misrepresentation, or any false	8022
statement.	8023

This section does not authorize the taking and possessing of	8024
deer or wild turkeys without first having obtained, in addition to	8025
the hunting license required by this section, a special deer or	8026
wild turkey permit as provided in section 1533.11 of the Revised	8027
Code or the taking and possessing of ducks, geese, or brant	8028
without first having obtained, in addition to the hunting license	8029
required by this section, a wetlands habitat stamp as provided in	8030
section 1533.112 of the Revised Code.	8031

This section does not authorize the hunting or trapping of	8032
fur-bearing animals without first having obtained, in addition to	8033
a hunting license required by this section, a fur taker permit as	8034
provided in section 1533.111 of the Revised Code.	8035

No hunting license shall be issued unless it is accompanied	8036
by a written explanation of the law in section 1533.17 of the	8037
Revised Code and the penalty for its violation, including a	8038
description of terms of imprisonment and fines that may be	8039
imposed.	8040

No hunting license shall be issued unless the applicant	8041
presents to the agent authorized to issue the license a previously	8042
held hunting license or evidence of having held such a license in	8043
content and manner approved by the chief, a certificate of	8044
completion issued upon completion of a hunter education and	8045
conservation course approved by the chief, or evidence of	8046
equivalent training in content and manner approved by the chief.	8047

No person shall issue a hunting license to any person who	8048
fails to present the evidence required by this section. No person	8049
shall purchase or obtain a hunting license without presenting to	8050
the issuing agent the evidence required by this section. Issuance	8051
of a hunting license in violation of the requirements of this	8052
section is an offense by both the purchaser of the illegally	8053
obtained hunting license and the clerk or agent who issued the	8054
hunting license. Any hunting license issued in violation of this	8055
section is void.	8056

The chief, with approval of the wildlife council, shall adopt	8057
rules prescribing a hunter education and conservation course for	8058
first-time hunting license buyers and for volunteer instructors.	8059
The course shall consist of subjects including, but not limited	8060
to, hunter safety and health, use of hunting implements, hunting	8061
tradition and ethics, the hunter and conservation, the law in	8062
section 1533.17 of the Revised Code along with the penalty for its	8063
violation, including a description of terms of imprisonment and	8064
fines that may be imposed, and other law relating to hunting.	8065
Authorized personnel of the division or volunteer instructors	8066
approved by the chief shall conduct such courses with such	8067
frequency and at such locations throughout the state as to	8068
reasonably meet the needs of license applicants. The chief shall	8069
issue a certificate of completion to each person who successfully	8070
completes the course and passes an examination prescribed by the	8071
chief.	8072

Sec. 1533.101. Any person who has been issued a hunting or	8073
fishing license, a wetlands habitat stamp, a deer or wild turkey	8074
permit, or a fur taker permit for the current license, stamp, or	8075
permit year or for the license, stamp, or permit year next	8076
preceding the current such year pursuant to this chapter, and if	8077
the license, stamp, or permit has been lost, destroyed, or stolen,	8078
may be issued a reissued hunting or fishing license, wetlands	8079
habitat stamp, deer or wild turkey permit, or fur taker permit.	8080
The person shall file with the clerk of the court of common pleas	8081
an application in affidavit form or, if the chief of the division	8082
of wildlife authorizes it, apply for a reissued license, stamp, or	8083
permit to an authorized agent designated by the chief, and pay a	8084
fee for each license, stamp, or permit of ~~two~~four dollars plus	8085
one dollar to the clerk or agent, who shall issue a reissued	8086
license, stamp, or permit that shall allow the applicant to hunt,	8087
fish, or trap, as the case may be. The clerk or agent shall	8088
administer the oath to the applicant and shall send a copy of the	8089
reissued license, stamp, or permit to the division of wildlife.	8090

All moneys received as fees for the issuance of reissued	8091
licenses, stamps, or permits shall be transmitted to the director	8092
of natural resources to be paid into the state treasury to the	8093
credit of the funds to which the fees for the original licenses,	8094
stamps, and permits were credited.	8095

No person shall knowingly or willfully secure, attempt to	8096
secure, or use a reissued hunting or fishing license, wetlands	8097
habitat stamp, deer or wild turkey permit, or fur taker permit to	8098
which the person is not entitled. No person shall knowingly or	8099
willfully issue a reissued hunting or fishing license, wetlands	8100
habitat stamp, deer or wild turkey permit, or fur taker permit	8101
under this section to any person who is not entitled to receive	8102
and use such a reissued license, stamp, or permit.	8103

Sec. 1533.11. (A) Except as provided in this section, no	8104
person shall hunt deer on lands of another without first obtaining	8105
an annual special deer permit. Except as provided in this section,	8106
no person shall hunt wild turkeys on lands of another without	8107
first obtaining an annual special wild turkey permit. Each	8108
applicant for a special deer or wild turkey permit shall pay an	8109
annual fee of ~~nineteen~~twenty-three dollars for each permit,	8110
together with the one-dollar ~~as a~~ fee to the clerk or other	8111
issuing agent established in section 1533.13 of the Revised Code,	8112
for the permit unless the rules adopted under division (B) of	8113
section 1533.12 of the Revised Code provide for issuance of a deer	8114
or wild turkey permit to the applicant free of charge. Except as	8115
provided in division (A) of section 1533.12 of the Revised Code, a	8116
deer or wild turkey permit shall run concurrently with the hunting	8117
license. The money received, other than the ~~one-dollar~~issuing	8118
agent's fee ~~provided for above~~, shall be paid into the state	8119
treasury to the credit of the wildlife fund, created in section	8120
1531.17 of the Revised Code, exclusively for the use of the	8121
division of wildlife in the acquisition and development of land	8122
for deer or wild turkey management, for investigating deer or wild	8123
turkey problems, and for the stocking, management, and protection	8124
of deer or wild turkey. Every person, while hunting deer or wild	8125
turkey on lands of another, shall carry the person's special deer	8126
or wild turkey permit and exhibit it to any enforcement officer so	8127
requesting. Failure to so carry and exhibit such a permit	8128
constitutes an offense under this section. The chief of the	8129
division of wildlife shall adopt any additional rules the chief	8130
considers necessary to carry out this section and section 1533.10	8131
of the Revised Code.	8132

The owner and the children of the owner of lands in this	8133
state may hunt deer or wild turkey thereon without a special deer	8134
or wild turkey permit. The tenant ~~or manager~~ and children of the	8135
tenant ~~or manager~~ may hunt deer or wild turkey on lands where they	8136
reside without a special deer or wild turkey permit.	8137

(B) A special deer or wild turkey permit is not transferable.	8138
No person shall carry a special deer or wild turkey permit issued	8139
in the name of another person.	8140

(C) The wildlife refunds fund is hereby created in the state	8141
treasury. The fund shall consist of money received from	8142
application fees for special deer permits that are not issued.	8143
Money in the fund shall be used to make refunds of such	8144
application fees.	8145

Sec. 1533.111. Except as provided in this section or	8146
division (A) of section 1533.12 of the Revised Code, no person	8147
shall hunt or trap fur-bearing animals on land of another without	8148
first obtaining an annual fur taker permit. Each applicant for a	8149
fur taker permit shall pay an annual fee of ~~ten~~fourteen dollars,	8150
together with one dollar as a fee to the clerk or other issuing	8151
agent, for the permit, except as otherwise provided in this	8152
section or unless the rules adopted under division (B) of section	8153
1533.12 of the Revised Code provide for issuance of a fur taker	8154
permit to the applicant free of charge. Except as provided in	8155
rules adopted under division (B)(2) of that section, each	8156
applicant who is a resident of this state and who at the time of	8157
application is sixty-six years of age or older shall procure a	8158
special senior fur taker permit, the fee for which shall be	8159
one-half of the regular fur taker permit fee and which shall be	8160
paid together with the one-dollar fee to the clerk or other	8161
issuing agent established in section 1533.13 of the Revised Code.	8162
Each applicant who is a resident of the state and under the age of	8163
sixteen years shall procure a special youth fur taker permit, the	8164
fee for which shall be one-half of the regular fur taker permit	8165
fee and which shall be paid together with the one-dollar ~~as a~~ fee	8166
to the clerk or other issuing agent established in section 1533.13	8167
of the Revised Code. The fur taker permit shall run concurrently	8168
with the hunting license. The money received, other than the ~~one-~~	8169
~~dollar~~issuing agent's fee ~~provided for in this section~~, shall be	8170
paid into the state treasury to the credit of the fund established	8171
in section 1533.15 of the Revised Code.	8172

No fur taker permit shall be issued unless it is accompanied	8173
by a written explanation of the law in section 1533.17 of the	8174
Revised Code and the penalty for its violation, including a	8175
description of terms of imprisonment and fines that may be	8176
imposed.	8177

No fur taker permit shall be issued unless the applicant	8178
presents to the agent authorized to issue a fur taker permit a	8179
previously held hunting license or trapping or fur taker permit or	8180
evidence of having held such a license or permit in content and	8181
manner approved by the chief of the division of wildlife, a	8182
certificate of completion issued upon completion of a trapper	8183
education course approved by the chief, or evidence of equivalent	8184
training in content and manner approved by the chief.	8185

No person shall issue a fur taker permit to any person who	8186
fails to present the evidence required by this section. No person	8187
shall purchase or obtain a fur taker permit without presenting to	8188
the issuing agent the evidence required by this section. Issuance	8189
of a fur taker permit in violation of the requirements of this	8190
section is an offense by both the purchaser of the illegally	8191
obtained permit and the clerk or agent who issued the permit. Any	8192
fur taker permit issued in violation of this section is void.	8193

The chief, with approval of the wildlife council, shall adopt	8194
rules prescribing a trapper education course for first-time fur	8195
taker permit buyers and for volunteer instructors. The course	8196
shall consist of subjects that include, but are not limited to,	8197
trapping techniques, animal habits and identification, trapping	8198
tradition and ethics, the trapper and conservation, the law in	8199
section 1533.17 of the Revised Code along with the penalty for its	8200
violation, including a description of terms of imprisonment and	8201
fines that may be imposed, and other law relating to trapping.	8202
Authorized personnel of the division of wildlife or volunteer	8203
instructors approved by the chief shall conduct the courses with	8204
such frequency and at such locations throughout the state as to	8205
reasonably meet the needs of permit applicants. The chief shall	8206
issue a certificate of completion to each person who successfully	8207
completes the course and passes an examination prescribed by the	8208
chief.	8209

Every person, while hunting or trapping fur-bearing animals	8210
on lands of another, shall carry the person's fur taker permit	8211
affixed to the person's hunting license with the person's	8212
signature written across the face of the permit. Failure to carry	8213
such a signed permit constitutes an offense under this section.	8214
The chief shall adopt any additional rules the chief considers	8215
necessary to carry out this section.	8216

The owner and the children of the owner of lands in this	8217
state may hunt or trap fur-bearing animals thereon without a fur	8218
taker permit. The tenant ~~or manager~~ and children of the tenant or	8219
~~manager~~ may hunt or trap fur-bearing animals on lands where they	8220
reside without a fur taker permit.	8221

A fur taker permit is not transferable. No person shall carry	8222
a fur taker permit issued in the name of another person.	8223

A fur taker permit entitles a nonresident to take from this	8224
state fur-bearing animals taken and possessed by the nonresident	8225
as provided by law or division rule.	8226

Sec. 1533.112. Except as provided in this section or unless	8227
otherwise provided by division rule, no person shall hunt ducks,	8228
geese, or brant on the lands of another without first obtaining an	8229
annual wetlands habitat stamp. The annual fee for the wetlands	8230
habitat stamp shall be ~~ten~~fourteen dollars for each stamp,	8231
together with the one-dollar ~~as a~~ fee to the clerk or other	8232
issuing agent established in section 1533.13 of the Revised Code,	8233
unless the rules adopted under division (B) of section 1533.12	8234
provide for issuance of a wetlands habitat stamp to the applicant	8235
free of charge.	8236

Moneys received from the stamp fee, other than the ~~one-~~	8237
~~dollar clerk's~~issuing agent's fee, shall be paid into the state	8238
treasury to the credit of the wetlands habitat fund, which is	8239
hereby established. Moneys shall be paid from the fund on the	8240
order of the director of natural resources for the following	8241
purposes:	8242

(A) Sixty per cent for projects that the division approves	8243
for the acquisition, development, management, or preservation of	8244
waterfowl areas within the state;	8245

(B) Forty per cent for contribution by the division to an	8246
appropriate nonprofit organization for the acquisition,	8247
development, management, or preservation of lands and waters	8248
within the United States or Canada that provide or will provide	8249
habitat for waterfowl with migration routes that cross this state.	8250

No moneys derived from the issuance of wetlands habitat	8251
stamps shall be spent for purposes other than those specified by	8252
this section. All investment earnings of the fund shall be	8253
credited to the fund.	8254

Wetlands habitat stamps shall be furnished by and in a form	8255
prescribed by the chief of the division of wildlife and issued by	8256
clerks and other agents authorized to issue licenses and permits	8257
under section 1533.13 of the Revised Code. The record of stamps	8258
kept by the clerks and other agents shall be uniform throughout	8259
the state, in such form or manner as the director prescribes, and	8260
open at all reasonable hours to the inspection of any person.	8261
Unless otherwise provided by rule, each stamp shall remain in	8262
force until midnight of the thirty-first day of August next	8263
ensuing. Wetlands habitat stamps may be issued in any manner to	8264
any person on any date, whether or not that date is within the	8265
period in which they are effective.	8266

Every person to whom this section applies, while hunting	8267
ducks, geese, or brant, shall carry an unexpired wetlands habitat	8268
stamp that is validated by the person's signature written on the	8269
stamp in ink and shall exhibit the stamp to any enforcement	8270
officer so requesting. No person shall fail to carry and exhibit	8271
the person's stamp.	8272

A wetlands habitat stamp is not transferable.

8273

The chief shall establish a procedure to obtain subject	8274
matter to be printed on the wetlands habitat stamp and shall use,	8275
dispose of, or distribute the subject matter as the chief	8276
considers necessary. The chief also shall adopt rules necessary to	8277
administer this section.	8278

This section does not apply to persons under sixteen years of	8279
age nor to persons exempted from procuring a hunting license under	8280
section 1533.10 or division (A) of section 1533.12 of the Revised	8281
Code.	8282

Sec. 1533.12. (A) Every person on active duty in the armed	8283
forces of the United States, while on leave or furlough, may take	8284
or catch fish of the kind lawfully permitted to be taken or caught	8285
within the state, may hunt any wild bird or wild quadruped	8286
lawfully permitted to be hunted within the state, and may trap	8287
fur-bearing animals lawfully permitted to be trapped within the	8288
state, without procuring a fishing license, a hunting license, a	8289
fur taker permit, or a wetlands habitat stamp required by this	8290
chapter, provided that the person shall carry on ~~self~~the person	8291
when fishing, hunting, or trapping, a card or other evidence	8292
identifying the person as being on active duty in the armed forces	8293
of the United States, and provided that the person is not	8294
otherwise violating any of the hunting, fishing, and trapping laws	8295
of this state.	8296

In order to hunt deer or wild turkey, any such person shall	8297
obtain a special deer or wild turkey permit, as applicable, under	8298
section 1533.11 of the Revised Code. However, the person need not	8299
obtain a hunting license in order to obtain such a permit.	8300

(B) The chief of the division of wildlife shall provide by	8301
rule adopted under section 1531.10 of the Revised Code all of the	8302
following:	8303

(1) Every resident of this state with a disability that has	8304
been determined by the veterans administration to be permanently	8305
and totally disabling, who receives a pension or compensation from	8306
the veterans administration, and who received an honorable	8307
discharge from the armed forces of the United States, and every	8308
veteran to whom the registrar of motor vehicles has issued a set	8309
of license plates under section 4503.41 of the Revised Code, shall	8310
be issued an annual fishing license, hunting license, fur taker	8311
permit, deer or wild turkey permit, or wetlands habitat stamp, or	8312
any combination of those licenses, permits, and stamp, free of	8313
charge when application is made to the chief in the manner	8314
prescribed by and on forms provided by the chief.	8315

(2) Every resident of the state who ~~is sixty-six years of age~~	8316
~~or older~~was born on or before December 31, 1937, shall be issued	8317
an annual fishing license, hunting license, fur taker permit, deer	8318
or wild turkey permit, or wetlands habitat stamp, or any	8319
combination of those licenses, permits, and stamp, free of charge	8320
when application is made to the chief in the manner prescribed by	8321
and on forms provided by the chief.	8322

(3) Every resident of state or county institutions,	8323
charitable institutions, and military homes in this state shall be	8324
issued an annual fishing license free of charge when application	8325
is made to the chief in the manner prescribed by and on forms	8326
provided by the chief.	8327

(4) Any mobility impaired or blind person, as defined in	8328
section 955.011 of the Revised Code, who is a resident of this	8329
state and who is unable to engage in fishing without the	8330
assistance of another person shall be issued an annual fishing	8331
license free of charge when application is made to the chief in	8332
the manner prescribed by and on forms provided by the chief. The	8333
person who is assisting the mobility impaired or blind person may	8334
assist in taking or catching fish of the kind permitted to be	8335
taken or caught without procuring the license required under	8336
section 1533.32 of the Revised Code, provided that only one line	8337
is used by both persons.	8338

(5) As used in division (B)(5) of this section, "prisoner of	8339
war" means any regularly appointed, enrolled, enlisted, or	8340
inducted member of the military forces of the United States who	8341
was captured, separated, and incarcerated by an enemy of the	8342
United States.	8343

Any person who has been a prisoner of war, was honorably	8344
discharged from the military forces, and is a resident of this	8345
state shall be issued an annual fishing license, hunting license,	8346
fur taker permit, or wetlands habitat stamp, or any combination of	8347
those licenses, permits, and stamp, free of charge when	8348
application is made to the chief in the manner prescribed by and	8349
on forms provided by the chief.	8350

(C) The chief shall adopt rules pursuant to section 1531.08	8351
of the Revised Code designating not more than two days, which need	8352
not be consecutive, in each year as "free sport fishing days" on	8353
which any resident may exercise the privileges accorded the holder	8354
of a fishing license issued under section 1533.32 of the Revised	8355
Code without procuring such a license, provided that the person is	8356
not otherwise violating any of the fishing laws of this state.	8357

Sec. 1533.13. Hunting and fishing licenses, wetlands habitat	8358
stamps, deer and wild turkey permits, and fur taker permits shall	8359
be issued by the clerk of the court of common pleas, village and	8360
township clerks, and other authorized agents designated by the	8361
chief of the division of wildlife. When required by the chief, a	8362
clerk or agent shall give bond in the manner provided by the	8363
chief. All bonds, reports, except records prescribed by the	8364
auditor of state, and moneys received by those persons shall be	8365
handled under rules adopted by the director of natural resources.	8366

The premium of any bond prescribed by the chief under this	8367
section may be paid by the chief. Any person who is designated and	8368
authorized by the chief to issue licenses, stamps, and permits as	8369
provided in this section, except the clerk of the court of common	8370
pleas and the village and township clerks, shall pay to the chief	8371
a premium in an amount that represents the person's portion of the	8372
premium paid by the chief under this section, which amount shall	8373
be established by the chief and approved by the wildlife council	8374
created under section 1531.03 of the Revised Code. The chief shall	8375
pay all moneys that the chief receives as premiums under this	8376
section into the state treasury to the credit of the wildlife fund	8377
created under section 1531.17 of the Revised Code.	8378

Every authorized agent, for the purpose of issuing hunting	8379
and fishing licenses, deer and wild turkey permits, and fur taker	8380
permits, may administer oaths to and take affidavits from	8381
applicants for the licenses or permits when required. An	8382
authorized agent may appoint deputies to perform any acts that the	8383
agent is authorized to perform, consistent with division rules.	8384

Every applicant for a hunting or fishing license, deer or	8385
wild turkey permit, or fur taker permit, unless otherwise provided	8386
by division rule, shall make and subscribe an affidavit setting	8387
forth the applicant's name, age, weight, height, occupation, place	8388
of residence, personal description, and citizenship. The clerk or	8389
other agent authorized to issue licenses, stamps, and permits	8390
shall charge each applicant a fee of one dollar for taking the	8391
affidavit and issuing the license, stamp, or permit unless a	8392
different fee for the issuance of a fishing license is established	8393
in division rule as authorized by section 1533.32 of the Revised	8394
Code. The application, license, permit, and other blanks required	8395
by this section shall be prepared and furnished by the chief, in	8396
such form as the chief provides, to the clerk or other agent	8397
authorized to issue them. The licenses and permits shall be issued	8398
to applicants by the clerk or other agent. The record of licenses	8399
and permits kept by the clerk and other authorized agents shall be	8400
uniform throughout the state and in such form or manner as the	8401
auditor of state prescribes and shall be open at all reasonable	8402
hours to the inspection of any person. Unless otherwise provided	8403
by division rule, each hunting license, deer or wild turkey	8404
permit, and fur taker permit issued shall remain in force until	8405
midnight of the thirty-first day of August next ensuing.	8406
Application for any such license or permit may be made and a	8407
license or permit issued prior to the date upon which it becomes	8408
effective.	8409

The chief may require an applicant who wishes to purchase a	8410
license, stamp, or permit by mail or telephone to pay a nominal	8411
fee for postage and handling.	8412

The court before whom a violator of any laws or division	8413
rules for the protection of wild animals is tried, as a part of	8414
the punishment, shall revoke the license, stamp, or permit of any	8415
person convicted. The license, stamp, or permit fee paid by that	8416
person shall not be returned to the person. The person shall not	8417
procure or use any other license, stamp, or permit or engage in	8418
hunting wild animals or trapping fur-bearing animals during the	8419
period of revocation as ordered by the court.	8420

No person under sixteen years of age shall engage in hunting	8421
unless accompanied by the person's parent or another adult person.	8422

Sec. 1533.151. The chief of the division of wildlife, with	8423
the approval of the director of natural resources, ~~is hereby~~	8424
~~authorized to~~may print and issue stamps portraying wild animals	8425
of the state. This stamp shall be identified as a wildlife	8426
conservation stamp ~~and the~~. The fee for each stamp shall be ~~five~~	8427
~~dollars~~not more than the fee for a wetlands habitat stamp issued	8428
under section 1533.112 of the Revised Code together with the	8429
one-dollar fee to the issuing agent established in section 1533.13	8430
of the Revised Code unless otherwise provided by division rule.	8431

The purchase of wildlife conservation stamps shall provide no	8432
privileges to the purchaser, but merely recognizes ~~such~~the person	8433
as voluntarily contributing to the management, protection, and the	8434
perpetuation of the wildlife resources of the state. All moneys	8435
received from the sale of wildlife conservation stamps shall be	8436
paid into the state treasury to the credit of the nongame and	8437
endangered wildlife fund to be used exclusively by the division of	8438
wildlife for the purposes outlined in section ~~1533.15~~1531.26 of	8439
the Revised Code ~~and for the management of all forms of wildlife~~	8440
~~for its ecological and non-consumptive recreational value~~.	8441

Sec. 1533.19. Except as otherwise provided by division rule,	8442
recognized field trial clubs may shoot domestically raised quails,	8443
chukar partridges, ducks, pheasants, or other game birds and	8444
common pigeons at any time during the daylight hours from the	8445
first day of September to the thirtieth day of April of the	8446
following year, both dates inclusive. Such domestically raised	8447
quails, chukar partridges, ducks, pheasants, and other game birds	8448
shall be banded prior to release and approved by the division of	8449
wildlife for field trial use, provided that permission for the	8450
holding of such a trial shall be obtained from the division.	8451
Permission shall be requested in writing at least thirty days in	8452
advance of the trial. The request shall contain the name of the	8453
recognized field trial club and the names of its officers, the	8454
date and location of the trial, and the name of the licensed	8455
breeders from whom the quails, chukar partridges, ducks,	8456
pheasants, or other game birds will be obtained. The division may	8457
grant a written permit when it is satisfied that the trial is a	8458
bona fide one conducted by a bona fide club under this section.	8459
When an application is approved, a permit shall be issued after	8460
the payment of a fee of ~~twenty-five~~fifty dollars for each day	8461
upon which the trials are conducted. Participants in such trials	8462
need not possess a hunter's license while participating in the	8463
trials. The division shall supervise all such trials and shall	8464
enforce all laws and division rules governing them. If unbanded	8465
quails, chukar partridges, ducks, pheasants, or other game birds	8466
are accidentally shot during such trials, they immediately shall	8467
be replaced by the club by the releasing of an equal number of	8468
live quails, chukar partridges, ducks, pheasants, or other game	8469
birds under the supervision of the division.	8470

Sec. 1533.23. No person shall deal in or buy green or dried	8471
furs, skins, or parts thereof, taken from fur-bearing animals of	8472
the state, except domesticated rabbits, without a fur dealer's	8473
permit. Every applicant for a fur dealer's permit shall make and	8474
subscribe a statement setting forth ~~his~~the applicant's name,	8475
place of residence, and whom hethe applicant represents. Every	8476
applicant for a dealer's permit who is a nonresident of the state,	8477
or who is a resident of the state and is an agent or	8478
representative of a nonresident person, firm, or corporation,	8479
shall pay an annual fee of two hundred dollars to the chief of the	8480
division of wildlife issuing such permit, and every applicant for	8481
a dealer's permit who is a resident of the state shall pay an	8482
annual fee of ~~fifty~~seventy-five dollars to the chief ~~of the~~	8483
~~division of wildlife~~ issuing such permit~~, and every~~. Every fur	8484
dealer shall operate under such additional ~~regulations~~rules as	8485
are provided by the chief ~~of the division of wildlife~~. The chief	8486
shall pay ~~such~~the fees into the state treasury to the credit of	8487
the fund created by section 1533.15 of the Revised Code for the	8488
use of the division of wildlife in the purchase, preservation,	8489
protection, and stocking of fur-bearing animals and for the	8490
necessary clerical help and forms required by this section and	8491
section 1533.24 of the Revised Code.	8492

All permits shall be procured from the chief and the	8493
application, license, and other blanks required by this section	8494
and section 1533.24 of the Revised Code shall be in such form as	8495
the chief prescribes. Each such permit shall expire on the	8496
thirtieth day of April next after its issuance.	8497

Sec. 1533.301. Any person may apply for a permit to	8498
transport fish that are for sale, sold, or purchased. The chief of	8499
the division of wildlife shall issue an annual permit granting the	8500
applicant the privilege to transport such fish, upon filing of an	8501
application on a form prescribed by the chief and payment of a fee	8502
of ~~fifty~~sixty-five dollars. No person shall transport any fish or	8503
part thereof that is for sale, sold, or purchased, whether	8504
acquired in or outside this state, unless the consignor has a	8505
permit ~~issued to him~~ for the calendar year in which the fish is	8506
transported, except that no such permit is required for any of the	8507
following:	8508

(A) Fish transported from a point outside this state to	8509
another point outside this state if the fish are not unloaded in	8510
this state. A fish is not to be considered unloaded for purposes	8511
of this section if it remains under the control of a common	8512
carrier.	8513

(B) Fish being transported by a person holding a valid	8514
license under section 1533.34 of the Revised Code from the place	8515
of taking to ~~his~~the person's usual place of processing or	8516
temporary storage as designated by ~~him~~the person in the	8517
application for the license under that section;	8518

(C) Fish being transported from a premises designated in a	8519
valid permit issued under section 1533.631 of the Revised Code to	8520
a premises where fish are to be sold at retail, sold for immediate	8521
consumption, or consumed if inspection of the designated premises	8522
as required by that section has not been denied during the	8523
preceding thirty days;	8524

(D) Any quantity of fish the total weight of which does not	8525
exceed five hundred pounds in one vehicle;	8526

(E) Minnows for which a permit is required under section	8527
1533.40 of the Revised Code.	8528

If a fish for which a permit is required under this section	8529
is transported in this state from a consignor who does not have a	8530
valid permit at the time of transportation, or if such a fish is	8531
transported in this state from a consignor who has a valid permit	8532
at the time of transportation, but the fish is part of the	8533
contents of a box, package, or receptacle that was or could be the	8534
basis for conviction of a violation of this chapter or a division	8535
rule, the fish may be seized by any law enforcement officer	8536
authorized by section 1531.13 of the Revised Code to enforce laws	8537
and division rules, and the fish shall escheat to the state unless	8538
a court of this state makes a specific finding that the consignor	8539
at the time of seizure had a valid permit under this section	8540
~~1533.301 of the Revised Code~~ and that the fish are lawful under	8541
the requirements of this chapter or a division rule relating	8542
thereto.	8543

A fish for which a permit is required under this section may	8544
be transported only if each box, package, or other receptacle	8545
bears a label showing the total weight in pounds, the species of	8546
the fish, the name of the consignor and consignee, the initial	8547
point of billing, the destination, and a statement that each	8548
species of fish by weight in the box, package, or other receptacle	8549
that are undersized under ~~the provisions of~~ section 1533.63 of the	8550
Revised Code or division rule is ten per cent or less or is in	8551
excess of ten per cent, whichever the fact may be. If fish are not	8552
boxed or packaged, each compartment of a tank or other receptacle	8553
shall be considered a separate receptacle, but in lieu of a label	8554
on the compartment or tank a written statement containing the same	8555
information required to be contained on a label, and clearly	8556
identifying the tank or receptacle concerned, may be carried in	8557
the vehicle. Species may be designated in any manner, but the	8558
label also shall bear either the common name indicated in section	8559
1533.63 of the Revised Code or the scientific name contained in	8560
section 1531.01 of the Revised Code. The consignor shall ascertain	8561
that labels are attached or statements carried as required herein	8562
and that the facts stated thereon are true.	8563

The permit required by this section may be suspended by the	8564
chief for a period not to exceed five days upon conviction of the	8565
permittee of a violation of this chapter or Chapter 1531. of the	8566
Revised Code or a division rule if the permittee has been	8567
convicted of another such violation during the preceding	8568
twelve-month period. If the permittee has had two or more such	8569
convictions during the twelve-month period preceding such a	8570
conviction, ~~his~~the permittee's permit may be suspended as	8571
provided herein for a period not to exceed twenty days. A permit	8572
is invalid during the period of suspension, but in no case is a	8573
permit invalid until fifteen days after mailing by certified mail	8574
a notice of the rule of suspension by the chief.	8575

The chief may not suspend more than one permit of the same	8576
permittee, or suspend a permit of the same permittee more than	8577
once, for convictions resulting from violations that occur in a	8578
load in one vehicle.	8579

A driver or other person in charge of a vehicle transporting	8580
fish that are for sale, sold, or purchased, upon demand by any law	8581
enforcement officer authorized by section 1531.13 of the Revised	8582
Code to enforce laws and division rules, shall stop and open the	8583
vehicle and allow inspection of the load, and any box, package, or	8584
receptacle, and the contents thereof, for the purpose of	8585
determining whether this chapter or a division rule is being	8586
violated.	8587

The word "fish" in the English language, at least eight	8588
inches high and maintained in a clear, conspicuous, and legible	8589
condition at all times, shall appear on both sides of the vehicle	8590
body of all vehicles transporting fresh water fish in this state	8591
when the fish are for sale or sold, except those fish exempt from	8592
a transportation permit in divisions (A), (B), and (E) of this	8593
section.	8594

The chief may refuse to issue a permit to any person whose	8595
purpose in applying for the permit is to allow it to be used by	8596
another person to whom a permit has been refused or revoked. The	8597
chief also may revoke a person's permit when it is used for that	8598
purpose.	8599

No civil action may be brought in any court in the state for	8600
the value or agreed price of fish that have escheated to the state	8601
under this section.	8602

No person shall fail to comply with any provision of this	8603
section or a division rule adopted pursuant thereto.	8604

In addition to other penalties provided in the Revised Code,	8605
the permit of any person who is convicted of two violations of	8606
this section that occurred within a twelve-month period is	8607
suspended upon the second such conviction by operation of law for	8608
a period of five fishing season days immediately following that	8609
conviction.	8610

In addition to other penalties provided in the Revised Code,	8611
the permit of any person who is convicted of three or more	8612
violations of this section that occurred within a twelve-month	8613
period is suspended upon the third or subsequent conviction by	8614
operation of law for a period of twenty fishing season days	8615
immediately following that conviction.	8616

During any period of suspension, no person shall use or	8617
engage in hauling or transporting fish with equipment owned, used,	8618
or controlled at the time of conviction by the permittee whose	8619
permit has been suspended.	8620

Sec. 1533.32. Except as provided in this section or division	8621
(A) or (C) of section 1533.12 of the Revised Code, no person,	8622
including nonresidents, shall take or catch any fish by angling in	8623
any of the waters in the state or engage in fishing in those	8624
waters without a license. No person shall take or catch frogs or	8625
turtles without a valid fishing license, except as provided in	8626
this section. Persons fishing in privately owned ponds, lakes, or	8627
reservoirs to or from which fish are not accustomed to migrate are	8628
exempt from the license requirements set forth in this section.	8629
Persons fishing in privately owned ponds, lakes, or reservoirs	8630
that are open to public fishing through an agreement or lease with	8631
the division of wildlife shall comply with the license	8632
requirements set forth in this section.	8633

The fee for an annual license shall be ~~twenty-three~~	8634
thirty-nine dollars, unless otherwise provided by division rule,	8635
for a resident of a state that is not a party to an agreement	8636
under section 1533.91 of the Revised Code. The fee for an annual	8637
license shall be ~~fourteen~~eighteen dollars, unless otherwise	8638
provided by division rule, for a resident of a state that is a	8639
party to such an agreement. The fee for an annual license for	8640
residents of this state shall be ~~fourteen~~eighteen dollars unless	8641
otherwise provided by division rule or unless the rules adopted	8642
under division (B) of section 1533.12 of the Revised Code provide	8643
for issuance of a resident fishing license to the applicant free	8644
of charge.	8645

Any person under the age of sixteen years may take or catch	8646
frogs and turtles and take or catch fish by angling without a	8647
license. ~~Any~~Except as provided in rules adopted under division	8648
(B)(2) of section 1533.12 of the Revised Code, each applicant who	8649
is a resident of this state and who at the time of application is	8650
sixty-six years of age or older ~~may take or catch frogs and~~	8651
~~turtles without~~shall procure a special senior fishing license,	8652
the fee for which shall be one-half of the annual resident fishing	8653
license fee.	8654

The chief of the division of wildlife may issue a tourist's	8655
license expiring three days from the effective date of the license	8656
to a resident of a state that is not a party to an agreement under	8657
section 1533.91 of the Revised Code. The fee for a tourist's	8658
license shall be ~~fourteen~~eighteen dollars unless otherwise	8659
provided by division rule.	8660

The chief shall adopt rules under section 1531.10 of the	8661
Revised Code providing for the issuance of a one-day fishing	8662
license to a resident of this state or of any other state. The fee	8663
for such a license shall be ~~forty~~fifty-five per cent of the	8664
amount established under this section for a tourist's license,	8665
rounded up to the nearest whole dollar. A one-day fishing license	8666
shall allow the holder to take or catch fish by angling in the	8667
waters in the state, engage in fishing in those waters, or take or	8668
catch frogs or turtles in those waters for one day without	8669
obtaining an annual license or a tourist's license under this	8670
section. At the request of a holder of a one-day fishing license	8671
who wishes to obtain an annual license, a clerk or agent	8672
authorized to issue licenses under section 1533.13 of the Revised	8673
Code, not later than the last day on which the one-day license	8674
would be valid if it were an annual license, shall credit the	8675
amount of the fee paid for the one-day license toward the fee	8676
charged for the annual license if so authorized by the chief. The	8677
clerk or agent shall issue the annual license upon presentation of	8678
the one-day license and payment of a fee in an amount equal to the	8679
difference between the fee for the annual license and the fee for	8680
the one-day license.	8681

A fee of one dollar for each license issued under this	8682
section shall be paid to the issuing clerk or agent in accordance	8683
with section 1533.13 of the Revised Code unless otherwise provided	8684
by division rule.	8685

Unless otherwise provided by division rule, each annual	8686
license shall begin on the first day of March of the current year	8687
and expire on the last day of February of the following year.	8688

No person shall alter a fishing license or possess a fishing	8689
license that has been altered.	8690

No person shall procure or attempt to procure a fishing	8691
license by fraud, deceit, misrepresentation, or any false	8692
statement.	8693

Owners of land over, through, upon, or along which any water	8694
flows or stands, except where the land is in or borders on state	8695
parks or state-owned lakes, together with the members of the	8696
immediate families of such owners, may take frogs and turtles and	8697
may take or catch fish of the kind permitted to be taken or caught	8698
therefrom without procuring a license provided for in this	8699
section. This exemption extends to tenants actually residing upon	8700
such lands and to the members of the immediate families of the	8701
tenants. Residents of state or county institutions, charitable	8702
institutions, and military homes in this state may take frogs and	8703
turtles without procuring the required license, provided that a	8704
member of the institution or home has an identification card,	8705
which shall be carried on that person when fishing.	8706

Every fisher required to be licensed, while fishing or taking	8707
or attempting to take frogs or turtles, shall carry the license	8708
and exhibit it to any person. Failure to so carry and exhibit the	8709
license constitutes an offense under this section.	8710

Sec. 1533.35. (A) Commercial fishing devices shall be	8711
annually licensed as follows:	8712

(1) Trap and fyke nets, for the first twenty nets or any	8713
portion thereof, eight hundred dollars; and for each additional	8714
group of ten such nets or any portion thereof, four hundred	8715
dollars;	8716

(2) For each seine of one hundred fifty rods or less in	8717
length other than an inland fishing district seine, four hundred	8718
dollars;	8719

(3) For each seine over one hundred fifty rods in length	8720
other than an inland fishing district seine, six hundred dollars;	8721

(4) For each inland fishing district seine, one hundred	8722
dollars;	8723

(5) For each carp apron, one hundred dollars;

8724

(6) For one trotline with seventy hooks or less attached	8725
thereto, twenty dollars;	8726

(7) For each trotline, or trotlines, with a total of more	8727
than seventy hooks attached thereto, one hundred dollars;	8728

(8) For each dip net, one hundred dollars.

8729

The license fee for other commercial fishing gear not	8730
mentioned in this section, as approved by the chief of the	8731
division of wildlife, shall be set by the chief with approval of	8732
the wildlife council.	8733

Commercial fishing gear owned or used by a nonresident may be	8734
licensed in this state only if a reciprocal agreement is in effect	8735
as provided for in section 1533.352 of the Revised Code.	8736

All commercial license fees shall be paid upon application or	8737
shall be paid one-fourth upon application with the balance due and	8738
owing within ninety days of the date of application, except that	8739
those license fees of one hundred dollars or less shall be paid in	8740
full at the time of application.	8741

(B) Royalty fees are hereby established ~~as set forth~~ on the	8742
following species of fish when taken commercially: catfish, white	8743
bass, and yellow perch.	8744

The amount of the royalty fees shall be as follows: on the	8745
species taken for which an allowable catch or quota has been	8746
established by division rule, ~~two~~five cents per pound. On the	8747
species taken for which an allowable catch or quota has not been	8748
established by division rule, ~~one cent~~two cents per pound ~~on that~~	8749
~~portion taken that exceeds one-half of the previous year's taking~~	8750
~~of the species~~.	8751

~~For the purpose of this section, the previous year's taking~~	8752
~~shall be the amount reported for that previous year by the license~~	8753
~~holder to the division pursuant to reporting procedures set forth~~	8754
~~in this chapter and Chapter 1531. of the Revised Code.~~	8755

All royalty fees established or provided for in this section	8756
shall be paid by the license holder to the division. No person may	8757
be issued a commercial fishing license until all royalty fees due	8758
from that person for the preceding fishing season have been paid	8759
in full. The chief may request the attorney general to recover any	8760
royalty fee or amount thereof that is not paid by the opening date	8761
of the next fishing season, and the attorney general shall	8762
commence appropriate legal proceedings to recover the unpaid fee	8763
or amount.	8764

All commercial fishing license moneys and all other fees	8765
collected from commercial ~~fishermen~~fishers shall be deposited in	8766
the state treasury in accordance with section 1533.33 of the	8767
Revised Code.	8768

No person shall fail to comply with any provision of this	8769
section or a division rule adopted pursuant to it.	8770

In addition to other penalties provided in the Revised Code,	8771
the license of any person who is convicted of one or more	8772
violations of this section shall be suspended upon the conviction	8773
by operation of law for a period of eighteen fishing season months	8774
immediately following the conviction.	8775

During any period of suspension, no person shall use or	8776
engage in fishing with commercial gear owned, used, or controlled	8777
at the time of conviction by the licensee whose license has been	8778
suspended.	8779

Sec. 1533.40. Each person, firm, partnership, association,	8780
or corporation ~~which~~that buys, sells, or deals in minnows,	8781
crayfish, or hellgrammites or collects the listed species for sale	8782
shall obtain, annually, from the chief of the division of wildlife	8783
a permit and shall operate under such rules as the chief ~~of the~~	8784
~~division of wildlife prescribes~~adopts. ~~Such~~A permit shall be	8785
issued upon application and the payment of a fee of ~~twenty-five~~	8786
forty dollars. This permit expires at midnight,on the	8787
thirty-first day of December 31. Nonresidents engaging in the	8788
collecting, seining, or picking of minnows, crayfish, or	8789
hellgrammites for bait shall have a nonresident fishing license as	8790
prescribed in section 1533.32 of the Revised Code.	8791

Sec. 1533.54. No person shall draw, set, place, locate,	8792
maintain, or possess a pound net, crib net, trammel net, fyke net,	8793
set net, seine, bar net, or fish trap, or any part thereof, or	8794
throw or hand line, with more than three hooks attached thereto,	8795
or any other device for catching fish, except a line with not more	8796
than three hooks attached thereto or lure with not more than three	8797
sets of three hooks each, in the inland fishing district of this	8798
state, except for taking carp, mullet, sheepshead, and grass pike	8799
as provided in section 1533.62 of the Revised Code, and except as	8800
provided in section 1533.60 of the Revised Code, or as otherwise	8801
provided for by division rule. No person shall catch or kill a	8802
fish in that fishing district with what are known as bob lines,	8803
trotlines, or float lines, or by grabbing with the hands, or by	8804
spearing or shooting, or with any other device other than by	8805
angling. In the waters of the inland fishing district, except	8806
those lakes, harbors, and reservoirs controlled by the state, a	8807
trotline may be used with not more than fifty hooks, and no two	8808
hooks less than three feet apart, by the owner or person having	8809
the owner's consent in that part of the stream bordering on or	8810
running through that owner's lands.	8811

Notwithstanding this section, any resident who is licensed to	8812
fish with nets in the Ohio river may possess fish nets for the	8813
sole purpose of storage, repair, drying, and tarring in the area	8814
between United States route fifty and the Ohio river from the	8815
Indiana state line to Cincinnati, Ohio, and in the area between	8816
United States route fifty-two and the Ohio river from Cincinnati,	8817
Ohio, to Chesapeake, Ohio, and in the area between state route	8818
seven and the Ohio river from Chesapeake, Ohio, to East Liverpool,	8819
Ohio.	8820

Any person possessing a net in this reserve district shall	8821
have an Ohio permit for each net in ~~his~~the person's possession.	8822
The permit shall be issued annually by the chief of the division	8823
of wildlife upon application of the owner of the net and	8824
submission of evidence by ~~him~~the owner of ~~his~~ possession of a	8825
valid fishing license permitting ~~him~~the owner to fish with nets	8826
in the Ohio river, and the payment of ~~ten~~fifty dollars for each	8827
net for which an application is made and a permit is issued. The	8828
permit shall expire at twelve midnight on the fifteenth day of	8829
March of each year.	8830

Sec. 1533.631. Any person may apply for a permit to handle	8831
commercial fish, or other fish that may be bought or sold under	8832
the Revised Code or division rule, at wholesale. The chief of the	8833
division of wildlife shall issue an annual permit granting the	8834
applicant the privilege to handle such fish at wholesale at one or	8835
more designated premises upon filing of an application on a form	8836
prescribed by the chief and payment of a fee of ~~fifty~~sixty-five	8837
dollars. No person or ~~his~~a person's agent shall handle at	8838
wholesale any fresh water fish or part thereof unless a permit has	8839
been issued for the calendar year in which the fish is handled at	8840
wholesale for the premises at which the fish is handled.	8841

A fish is handled at wholesale for purposes of this section	8842
when it is on a premises within the state and is being held,	8843
stored, handled, or processed for the purpose of sale to a person	8844
who ordinarily resells the fish.	8845

The permit required by this section shall be issued subject	8846
to the right of entry and inspection of the designated premises of	8847
the permittee by any law enforcement officer authorized by section	8848
1531.13 of the Revised Code to enforce the laws and rules of the	8849
division of wildlife. Such an officer may enter and inspect the	8850
designated premises and any box, package, or receptacle, and the	8851
contents thereof, for the purpose of determining whether any	8852
provision of this chapter or Chapter 1531. of the Revised Code or	8853
division rule is being violated.	8854

No person holding a permit under this section shall remove a	8855
label required by section 1533.301 of the Revised Code unless the	8856
box, package, or receptacle bearing the label has been opened or	8857
unless the label is replaced with another label that meets the	8858
requirements of that section.	8859

No person shall fail to comply with any provision of this	8860
section or division rule adopted pursuant to it.	8861

In addition to other penalties provided in the Revised Code,	8862
the permit of any person who is convicted of two violations of	8863
this section that occurred within a twelve-month period is	8864
suspended upon the second such conviction by operation of law for	8865
a period of five fishing season days immediately following that	8866
conviction.	8867

In addition to other penalties provided in the Revised Code,	8868
the permit of any person who is convicted of three or more	8869
violations of this section that occurred within a twelve-month	8870
period is suspended upon the third or subsequent such conviction	8871
by operation of law for a period of twenty fishing season days	8872
immediately following that conviction.	8873

During any period of suspension, no person shall use or	8874
engage in handling commercial fish at wholesale with equipment or	8875
facilities owned, used, or controlled at the time of conviction by	8876
the permittee whose permit has been suspended.	8877

Sec. 1533.632. (A) As used in this section:

8878

(1) "Aquaculture" means a form of agriculture that involves	8879
the propagation and rearing of aquatic species in controlled	8880
environments under private control, including, but not limited to,	8881
for the purpose of sale for consumption as food.	8882

(2) "Aquaculture species" means any aquatic species that may	8883
be raised through aquaculture that is either a class A aquaculture	8884
species or a class B aquaculture species.	8885

(3) "Class A aquaculture species" includes all of the	8886
following:	8887

(a) Trout and salmon (Onchorhynchus sp., Salmo sp.,	8888
Salvelinus sp.);	8889

(b) Walleye (Stizostedion vitreum);

8890

8891

(d) Bluegill (Lepomis machrochirus);

8892

(e) Redear sunfish (Lepomis microlophus);

8893

(f) Green sunfish (Lepomis cyanellus);

8894

(g) White crappie (Pomoxis annularis);

8895

(h) Black crappie (Pomoxis nigromaculatus);

8896

(i) Blue catfish (Ictalurus furcatus);

8897

(j) Any species added by rule under division (B) of this	8898
section or listed as commercial fish under section 1531.01 of the	8899
Revised Code except white perch (Morone americana).	8900

(4) "Class B aquaculture species" includes any species,	8901
except for class A aquaculture species, designated as such by the	8902
chief of the division of wildlife.	8903

(5) "Aquaculture production facility" means a facility used	8904
for aquaculture.	8905

(B) The chief, in accordance with Chapter 119. of the Revised	8906
Code, shall adopt rules for the regulation of aquaculture and may	8907
issue permits to persons wishing to engage in aquaculture for the	8908
production of aquaculture species. Rules adopted under this	8909
section shall ensure the protection and preservation of the	8910
wildlife and natural resources of this state. The legal length and	8911
weight limitations established under section 1533.63 of the	8912
Revised Code do not apply to class A or class B aquaculture	8913
species.	8914

A permit may be issued upon application to any person who	8915
satisfies the chief that the person has suitable equipment, of	8916
which hethe person is the owner or lessee, to engage in	8917
aquaculture for a given aquaculture species or group of	8918
aquaculture species. Each permit shall be in such form as the	8919
chief prescribes. The permits shall be classified as either class	8920
A or class B. A class A permit shall be required for all class A	8921
aquaculture species that are specified in this section or	8922
designated by rule as a class A aquaculture species. Class B	8923
permits shall be issued on a case-by-case basis. In determining	8924
whether to issue a class B permit, the chief shall take into	8925
account the species for which the class B permit is requested, the	8926
location of the aquaculture production facility, and any other	8927
information determined by the chief to be necessary to protect the	8928
wildlife and natural resources of this state. The annual fee for a	8929
class A permit shall be fifty dollars unless otherwise provided by	8930
rule by the chief. The annual fee for a class B permit shall be	8931
set by the chief at a level between one hundred and five hundred	8932
dollars. In determining the fee to be charged for a class B	8933
permit, the chief shall take into account the additional costs to	8934
the division for the inspection of aquaculture facilities used to	8935
raise a given class B aquaculture species.	8936

The chief may revoke a permit upon a determination that the	8937
person to whom the permit was issued has violated any rule adopted	8938
under this section. The permit shall be reissued upon a showing by	8939
the person that hethe person is in compliance with the rules	8940
adopted under this section. A holder of an aquaculture permit may	8941
receive a permit issued under section 1533.301~~, 1533.39,~~ or	8942
1533.40 of the Revised Code without payment of the fee for that	8943
permit if the conditions for the issuance of the permit have been	8944
met.	8945

(C) No person shall knowingly sell any aquatic species under	8946
an aquaculture permit issued under this section that was not	8947
raised in an aquaculture production facility. In addition to any	8948
other penalties prescribed for violation of this division, the	8949
chief may revoke the permit of any person convicted of a violation	8950
of this division for any period of time hethe chief considers	8951
necessary.	8952

(D) No person who does not hold a current valid aquaculture	8953
permit shall knowingly sell an aquaculture species while claiming	8954
to possess an aquaculture permit.	8955

Sec. 1533.71. Unless otherwise provided by division rule,	8956
any person desiring to engage in the business of raising and	8957
selling game birds, game quadrupeds, reptiles, amphibians, or	8958
fur-bearing animals in a wholly enclosed preserve of which the	8959
person is the owner or lessee, or to have game birds, game	8960
quadrupeds, reptiles, amphibians, or fur-bearing animals in	8961
captivity, shall apply in writing to the division of wildlife for	8962
a license to do so.	8963

The division, when it appears that the application is made in	8964
good faith and upon the payment of the fee for each license, ~~shall~~	8965
may issue to the applicant any of the following licenses that may	8966
be applied for:	8967

(A) "Commercial propagating license" permitting the licensee	8968
to propagate game birds, game quadrupeds, reptiles, amphibians, or	8969
fur-bearing animals in the wholly enclosed preserve the location	8970
of which is stated in the license and the application therefor,	8971
and to sell the propagated game birds, game quadrupeds, reptiles,	8972
amphibians, or fur-bearing animals and ship them from the state	8973
alive at any time, and permitting the licensee and the licensee's	8974
employees to kill the propagated game birds, game quadrupeds, or	8975
fur-bearing animals and sell the carcasses for food subject to	8976
sections 1533.70 to 1533.80 of the Revised Code. The fee for such	8977
a license is ~~twenty-five~~forty dollars per annum.	8978

(B) "Noncommercial propagating license" permitting the	8979
licensee to propagate game birds, game quadrupeds, reptiles,	8980
amphibians, or fur-bearing animals and to hold the animals in	8981
captivity. Game birds, game quadrupeds, reptiles, amphibians, and	8982
fur-bearing animals propagated or held in captivity by authority	8983
of a noncommercial propagating license are for the licensee's own	8984
use and shall not be sold. The fee for such a license is ~~ten~~	8985
twenty-five dollars per annum.	8986

(C) A free "raise to release license" permitting duly	8987
organized clubs, associations, or individuals approved by the	8988
division to engage in the raising of game birds, game quadrupeds,	8989
or fur-bearing animals for release only and not for sale or	8990
personal use.	8991

Except as provided by law, no person shall possess game	8992
birds, game quadrupeds, or fur-bearing animals in closed season,	8993
provided that municipal or governmental zoological parks are not	8994
required to obtain the licenses provided for in this section.	8995

All licenses issued under this section shall expire on the	8996
fifteenth day of March of each year.	8997

The chief of the division of wildlife shall pay all moneys	8998
received as fees for the issuance of licenses under this section	8999
into the state treasury to the credit of the fund created by	9000
section 1533.15 of the Revised Code for the use of the division in	9001
the purchase, preservation, and protection of wild animals and for	9002
the necessary clerical help and forms required by sections 1533.70	9003
to 1533.80 of the Revised Code.	9004

This section does not authorize the taking or the release for	9005
taking of the following:	9006

(1) Game birds, without first obtaining a commercial bird	9007
shooting preserve license issued under section 1533.72 of the	9008
Revised Code;	9009

(2) Game or nonnative wildlife, without first obtaining a	9010
wild animal hunting preserve license issued under section 1533.721	9011
of the Revised Code.	9012

Sec. 1533.82. (A) On receipt of a notice pursuant to section	9013
3123.43 of the Revised Code, the chief of the division of wildlife	9014
shall comply with sections 3123.41 to 3123.50 of the Revised Code	9015
and any applicable rules adopted under section 3123.63 of the	9016
Revised Code with respect to a license, permit, or certificate	9017
issued pursuant to section 1533.23, 1533.34, 1533.342, ~~1533.39,~~	9018
1533.40, 1533.51, 1533.631, 1533.71, 1533.72, 1533.81, 1533.88, or	9019
1533.881 of the Revised Code.	9020

(B) On receipt of a notice pursuant to section 3123.62 of the	9021
Revised Code, the chief shall comply with that section and any	9022
applicable rules adopted under section 3123.63 of the Revised Code	9023
with respect to a license, permit, or stamp issued pursuant to	9024
section 1533.10, 1533.11, 1533.111, 1533.112, or 1533.32 of the	9025
Revised Code.	9026

Sec. 1551.11. (A) To achieve the purposes of ~~this chapter~~	9027
sections 1551.01 to 1551.25 of the Revised Code, the director of	9028
development may:	9029

(1) Identify, plan, organize, initiate, and sponsor studies,	9030
research, and experimental, pilot, and demonstration facilities	9031
and projects ~~which~~that would lead to the development and more	9032
efficient utilization of present, new, or alternative energy	9033
sources in ~~the~~this state, to the conservation of energy, to the	9034
attraction of federal and other development funding in emerging	9035
and established national or state priority areas, or to the	9036
enhancement of the economic development of the state;	9037

(2) Promote, assist, and provide financial assistance for the	9038
development of nonprofit corporations organized and established	9039
under Chapter 1702. of the Revised Code to further the purposes of	9040
this section;	9041

(3) Seek out, apply for, receive, and accept grants, gifts,	9042
contributions, loans, and other assistance in any form from public	9043
and private sources, including assistance from any governmental	9044
agency;	9045

(4) Make grants under division (F) of section 1551.12 of the	9046
Revised Code from funds that are appropriated by the general	9047
assembly and from gifts or grants obtained under division (A)(3)	9048
of this section for the purposes of developing, constructing, or	9049
operating experimental, pilot, and demonstration facilities or	9050
programs which develop, test, or demonstrate more efficient and	9051
environmentally acceptable methods of extracting energy resources;	9052
new concepts, programs, or technology for the conservation of	9053
energy; new concepts, programs, or technology for the efficient	9054
and environmentally acceptable utilization of present, new, or	9055
alternative energy sources; or concepts, programs, or technology	9056
which develop resources of the state. Grants may be made, without	9057
limitation, for projects and programs such as experimental	9058
demonstrations of the use of Ohio coal in processes which would	9059
facilitate its widespread use as a source of energy; experimental	9060
demonstrations of new or improved coal, natural gas, and natural	9061
petroleum extraction techniques and of reclamation techniques at	9062
the extraction sites; experimental demonstrations or development	9063
of solar heating and cooling and potentially energy-efficient	9064
construction in public buildings, schools, offices, commercial	9065
establishments, and residential homes; development of programs or	9066
experimental demonstrations of the utilization of waste products	9067
in energy production and mineral and energy conservation; and	9068
development of programs or experimental demonstrations of	9069
technologies which would permit utility pricing policies which may	9070
reduce the consumer costs of energy.	9071

(5) Enter into agreements with persons and governmental	9072
agencies, in any combination, for the purposes of this section.	9073

(B) Any materials or data submitted to, made available by or	9074
to, or received by the director under division (A) of this	9075
section, division (F) of section 1551.12, or division (B) of	9076
section 1551.15 of the Revised Code, and any information taken	9077
from those materials or data for any purpose, to the extent that	9078
those materials or data consist of trade secrets or other	9079
proprietary information, are not public information or public	9080
documents and shall not be open to public inspection.	9081

(C) The exercise by the director of the powers conferred by	9082
~~this chapter~~sections 1551.01 to 1551.25 of the Revised Code for	9083
the preservation or creation of jobs and employment opportunities	9084
for the people of ~~the~~this state through the development and	9085
efficient utilization of energy resources of the state is in all	9086
respects for the benefit of the people of the state, and is	9087
determined to be an essential government function and public	9088
purpose of the state.	9089

Sec. 1551.12. The director of development may:

9090

(A) Seek, solicit, or acquire personal property or any	9091
estate, interest, or right in real property, or services, funds,	9092
and other things of value of any kind or character by purchase,	9093
lease, gift, grant, contribution, exchange, or otherwise from any	9094
person or governmental agency to be held, used, and applied in	9095
accordance with and for the purposes of ~~this chapter~~sections	9096
1551.01 to 1551.25 of the Revised Code;	9097

(B) Contract for the operation of, and establish rules for	9098
the use of, facilities over which the director has supervision or	9099
control, which rules may include the limitation of ingress to or	9100
egress from such facilities as may be necessary to maintain the	9101
security of such facilities and to provide for the safety of those	9102
on the premises of such facilities;	9103

(C) Purchase such fire and extended coverage insurance and	9104
insurance protecting against liability for damage to property or	9105
injury to or death of persons as the director may consider	9106
necessary and proper under ~~this chapter~~sections 1551.01 to	9107
1551.25 of the Revised Code;	9108

(D) Sponsor, conduct, assist, and encourage conferences,	9109
seminars, meetings, institutes, and other forms of meetings;	9110
authorize, prepare, publish, and disseminate any form of studies,	9111
reports, and other publications; originate, prepare, and assist	9112
proposals for the expenditure or granting of funds by any	9113
governmental agency or person for purposes of energy resource	9114
development; and investigate, initiate, sponsor, participate in,	9115
and assist with cooperative activities and programs involving	9116
governmental agencies and other entities of other states and	9117
jurisdictions;	9118

(E) Do all acts and things necessary and proper to carry out	9119
the powers granted and the duties imposed by ~~this chapter~~sections	9120
1551.01 to 1551.25 of the Revised Code;	9121

(F) Make grants of funds to any person, organization, or	9122
governmental agency of the state for the furnishing of goods or	9123
performance of services.	9124

Any person or governmental agency that receives funds from	9125
the department of development, or utilizes the facilities of the	9126
department under ~~this chapter~~sections 1551.01 to 1551.25 of the	9127
Revised Code shall agree in writing that all know-how, trade	9128
secrets, and other forms of property, rights, and interest arising	9129
out of developments, discoveries, or inventions, including	9130
patents, copyrights, or royalties thereon, which result in whole	9131
or in part from research, studies, or testing conducted by use of	9132
such funds or facilities shall be the sole property of the	9133
department, except as may be otherwise negotiated and provided by	9134
contract in advance of such research, studies, or testing.	9135
However, such exceptions do not apply to the director or employees	9136
of the department participating in or performing research, tests,	9137
or studies.	9138

Rights retained by the department may be assigned, licensed,	9139
transferred, sold, or otherwise disposed of, in whole or in part,	9140
to any person or governmental agency. Any and all income,	9141
royalties, or proceeds derived or retained from such dispositions	9142
shall be paid to the state and credited to the general revenue	9143
fund.	9144

Any instrument by which real property is acquired pursuant to	9145
this section shall identify the agency of ~~the~~this state that has	9146
the use and benefit of the real property as specified in section	9147
5301.012 of the Revised Code.	9148

Sec. 1551.15. (A) All general revenue fund moneys required	9149
by the department of development for purposes of ~~this chapter~~	9150
sections 1551.01 to 1551.25 of the Revised Code are subject to	9151
appropriation by the general assembly.	9152

(B) The director of development may enter into agreements,	9153
make grants, or enter into contracts for the purposes of effecting	9154
the construction and operation in this state of experimental,	9155
pilot, or demonstration energy resource development facilities.	9156
Before making grants or entering contracts, the director shall	9157
determine that all of the following criteria are met:	9158

(1) The urgency of public need for the potential results of	9159
the experimental, pilot, or demonstration project is high, and	9160
there is little likelihood that similar results would be achieved	9161
in this state in a timely manner in the absence of state	9162
assistance;	9163

(2) The potential opportunities for private interests to	9164
recapture the investment in the undertaking through the normal	9165
commercial exploitation of proprietary knowledge appear to be	9166
inadequate to encourage timely results in this state;	9167

(3) The extent of the problems treated and the objectives	9168
sought by the project are consistent with the purposes of ~~this~~	9169
~~chapter~~sections 1551.01 to 1551.25 of the Revised Code and of	9170
general significance to the state.	9171

This determination by the director shall include the facts or	9172
reasons justifying it and shall be journalized by the director.	9173

(C) The director may use funds as appropriated, donated,	9174
granted, or received for any of the following purposes:	9175

(1) Construction and related architectural or engineering	9176
studies or purchase of physical plant and equipment for an	9177
experimental, pilot, or demonstration energy resource development	9178
facility;	9179

(2) Acquisition and improvement of land, construction of	9180
roads, and provision of other public facilities incidental and	9181
necessary to the accomplishment of experimental, pilot, or	9182
demonstration energy resource development facilities;	9183

(3) Operation of an energy resource development experimental,	9184
pilot, or demonstration project or facility, which could include	9185
but not be limited to labor, feedstocks, and repair or replacement	9186
parts;	9187

(4) Purchase of all or a portion of the usable output of	9188
energy resource development experimental, pilot, or demonstration	9189
projects and the disposition of this output for use in the	9190
facilities of governmental agencies.	9191

(D) Each grant made pursuant to this section shall be	9192
accomplished through written agreements between the department and	9193
the person or governmental agency which would effect the	9194
construction and operation of the project or facility, and between	9195
the department and the persons and governmental agencies which	9196
would share the expenses and costs of the project or facility. In	9197
addition to such other terms as may be required by law or advised	9198
by counsel, each agreement shall provide for each of the following	9199
conditions:	9200

(1) The limitation of the department's financial obligations	9201
in the project or facility to a specified dollar amount which	9202
shall not exceed one-third of the total costs of the project or	9203
facility;	9204

(2) The financial participation in the project or facility by	9205
the federal government or its agencies, by private corporations	9206
doing business in this state, by local governmental agencies, or	9207
by other organizations;	9208

(3) The disposition of the assets of the project or facility,	9209
should it be terminated or abandoned, in such manner that the	9210
department shall be repaid in the same proportion as its share in	9211
the total of moneys, property, or other assets expended,	9212
contributed, or invested in the project or facility;	9213

(4) The criteria for the identification if and when the	9214
project or facility is commercially viable through the profitable	9215
disposition of its output;	9216

(5) The termination of the department's financial support at	9217
such time the project or facility is commercially viable and the	9218
repayment of the department through the future profits, if any, of	9219
the project or facility.	9220

Sec. 1551.311. The general assembly hereby finds and	9221
declares that the future of the Ohio coal industry lies in the	9222
development of clean coal technology and that the disproportionate	9223
economic impact on the state under Title IV of the "Clean Air Act	9224
Amendments of 1990," 104 Stat. 2584, 42 U.S.C.A. 7651, warrants	9225
maximum federal assistance to ~~the~~this state for such development.	9226
It is therefore imperative that the ~~department of development~~Ohio	9227
air quality development authority created under Chapter 3706. of	9228
the Revised Code, its Ohio coal development office, the Ohio coal	9229
industry, the Ohio Washington office in the office of the	9230
governor, and the state's congressional delegation make every	9231
effort to acquire any federal assistance available for the	9232
development of clean coal technology, including assisting entities	9233
eligible for grants in their acquisition. The Ohio coal	9234
development agenda required by section 1551.34 of the Revised Code	9235
shall include, in addition to the other information required by	9236
that section, a description of such efforts and a description of	9237
the current status of the development of clean coal technology in	9238
this state and elsewhere.	9239

Sec. 1551.32. (A) There is hereby established within the	9240
~~department of development~~Ohio air quality development authority	9241
the Ohio coal development office whose purposes are to do all of	9242
the following:	9243

(1) Encourage, promote, and support siting, financing,	9244
construction, and operation of commercially available or scaled	9245
facilities and technologies, including, without limitation,	9246
commercial-scale demonstration facilities and, when necessary or	9247
appropriate to demonstrate the commercial acceptability of a	9248
specific technology, up to three installations within this state	9249
utilizing the specific technology, to more efficiently produce,	9250
beneficiate, market, or use Ohio coal;	9251

(2) Encourage, promote, and support the market acceptance and	9252
increased market use of Ohio coal through technology and market	9253
development;	9254

(3) Assist in the financing of coal development facilities;

9255

(4) Encourage, promote, and support, in state-owned	9256
buildings, facilities, and operations, use of Ohio coal and	9257
electricity sold by utilities and others in this state that use	9258
Ohio coal for generation;	9259

(5) Improve environmental quality, particularly through	9260
cleaner use of Ohio coal;	9261

(6) Assist and cooperate with governmental agencies,	9262
universities and colleges, coal producers, coal miners, electric	9263
utilities and other coal users, public and private sector coal	9264
development interests, and others in achieving these purposes.	9265

(B) The office shall give priority to improvement or	9266
reconstruction of existing facilities and equipment when	9267
economically feasible, to construction and operation of	9268
commercial-scale facilities, and to technologies, equipment, and	9269
other techniques that enable maximum use of Ohio coal in an	9270
environmentally acceptable, cost-effective manner.	9271

Sec. 1551.33. (A) The ~~director of development~~Ohio air	9272
quality development authority, by the affirmative vote of a	9273
majority of its members, shall appoint and fix the compensation of	9274
the director of the Ohio coal development office ~~established under~~	9275
~~section 1551.32 of the Revised Code~~. The director ~~of the office~~	9276
shall serve at the pleasure of the ~~director of development~~	9277
authority.	9278

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

9279

(1) Biennially prepare and maintain the Ohio coal development	9280
agenda required under section 1551.34 of the Revised Code;	9281

(2) Propose and support policies for the office consistent	9282
with the Ohio coal development agenda and develop means to	9283
implement the agenda;	9284

(3) Initiate, undertake, and support projects to carry out	9285
the office's purposes and ensure that the projects are consistent	9286
with and meet the selection criteria established by the Ohio coal	9287
development agenda;	9288

(4) Actively encourage joint participation in and, when	9289
feasible, joint funding of the office's projects with governmental	9290
agencies, electric utilities, universities and colleges, other	9291
public or private interests, or any other person;	9292

(5) Establish a table of organization for and employ such	9293
employees and agents as are necessary for the administration and	9294
operation of the office;	9295

(6) Appoint specified members of and convene the technical	9296
advisory committee established under section 1551.35 of the	9297
Revised Code;	9298

(7) Review, with the assistance of the technical advisory	9299
committee, proposed coal research and development projects as	9300
defined in section 1555.01 of the Revised Code, and coal	9301
development projects, submitted to the office by public utilities	9302
for the purpose of section 4905.304 of the Revised Code. If the	9303
director and the advisory committee determine that any such	9304
facility or project has as its purpose the enhanced use of Ohio	9305
coal in an environmentally acceptable, cost effective manner,	9306
promotes energy conservation, is cost effective, and is	9307
environmentally sound, the director shall submit to the public	9308
utilities commission a report recommending that the commission	9309
allow the recovery of costs associated with the facility or	9310
project under section 4905.304 of the Revised Code and including	9311
the reasons for the recommendation.	9312

(8) Establish such policies, procedures, and guidelines as	9313
are necessary to achieve the office's purposes.	9314

(C) ~~With the approval of the director of development~~By the	9315
affirmative vote of a majority of the members of the Ohio air	9316
quality development authority, the director of the office may	9317
exercise any of the powers and duties of the director of	9318
development as the ~~directors~~authority and the director of the	9319
office consider appropriate or desirable to achieve the office's	9320
purposes, including, but not limited to, the powers and duties	9321
enumerated in sections 1551.11, 1551.12, 1551.13, and 1551.15 of	9322
the Revised Code.	9323

Additionally, the director of the office may make loans to	9324
governmental agencies or persons for projects to carry out the	9325
office's purposes. Fees, charges, rates of interest, times of	9326
payment of interest and principal, and other terms, conditions,	9327
and provisions of the loans shall be such as the director of the	9328
office determines to be appropriate and in furtherance of the	9329
purposes for which the loans are made. The mortgage lien securing	9330
any moneys lent by the director of the office may be subordinate	9331
to the mortgage lien securing any moneys lent or invested by a	9332
financial institution, but shall be superior to that securing any	9333
moneys lent or expended by any other person. The moneys used in	9334
making the loans shall be disbursed upon order of the director of	9335
the office.	9336

Sec. 1551.35. (A) There is hereby established a technical	9337
advisory committee to assist the director of the Ohio coal	9338
development office ~~established under section 1551.32 of the~~	9339
~~Revised Code~~ in achieving the office's purposes. The director	9340
shall appoint to the committee one member of the public utilities	9341
commission and one representative each of coal production	9342
companies, the united mine workers of America, electric utilities,	9343
manufacturers that use Ohio coal, and environmental organizations,	9344
as well as two people with a background in coal research and	9345
development technology, one of whom is employed at the time of the	9346
member's appointment by a state university, as defined in section	9347
3345.011 of the Revised Code. In addition, the committee shall	9348
include four legislative members. The speaker and minority leader	9349
of the house of representatives each shall appoint one member of	9350
the house of representatives, and the president and minority	9351
leader of the senate each shall appoint one member of the senate,	9352
to the committee. The director of environmental protection,	9353
~~representing the environmental protection agency,~~ the ~~Ohio air~~	9354
~~quality~~director of development ~~authority~~, and one member of the	9355
Ohio water development authority designated by that authority,	9356
shall serve on the committee as members ex officio. Any member of	9357
the committee may designate in writing a substitute to serve in	9358
the member's absence on the committee. The director of	9359
environmental protection may designate in writing the chief of the	9360
air pollution control division of the agency to represent the	9361
agency. Members shall serve on the committee at the pleasure of	9362
their appointing authority. Members of the committee appointed by	9363
the director of the office and, notwithstanding section 101.26 of	9364
the Revised Code, legislative members of the committee, when	9365
engaged in their official duties as members of the committee,	9366
shall be compensated on a per diem basis in accordance with	9367
division (J) of section 124.15 of the Revised Code, except that	9368
the member of the public utilities commission and, while employed	9369
by a state university, the member with a background in coal	9370
research, shall not be so compensated. Members shall receive their	9371
actual and necessary expenses incurred in the performance of their	9372
duties.	9373

(B) The technical advisory committee shall review and make	9374
recommendations concerning the Ohio coal development agenda	9375
required under section 1551.34 of the Revised Code, project	9376
proposals, research and development projects submitted to the	9377
office by public utilities for the purpose of section 4905.304 of	9378
the Revised Code, proposals for grants, loans, and loan guarantees	9379
for purposes of sections 1555.01 to 1555.06 of the Revised Code,	9380
and such other topics as the director of the office considers	9381
appropriate.	9382

(C) The technical advisory committee may hold an executive	9383
session at any regular or special meeting for the purpose of	9384
considering research and development project proposals or	9385
applications for assistance submitted to the Ohio coal development	9386
office under section 1551.33, or sections 1555.01 to 1555.06, of	9387
the Revised Code, to the extent that such proposals or	9388
applications consist of trade secrets or other proprietary	9389
information.	9390

Any materials or data submitted to, made available to, or	9391
received by the ~~director of~~Ohio air quality development authority	9392
or the director of the Ohio coal development office in connection	9393
with agreements for assistance entered into under this chapter or	9394
Chapter 1555. of the Revised Code, or any information taken from	9395
such materials or data for any purpose, to the extent that the	9396
materials or data consist of trade secrets or other proprietary	9397
information, are not public records for the purposes of section	9398
149.43 of the Revised Code.	9399

As used in this division, "trade secrets" has the same	9400
meaning as in section 1333.61 of the Revised Code.	9401

Sec. 1555.02. It is hereby declared to be the public policy	9402
of ~~the~~this state through the operations of the Ohio coal	9403
development office under this chapter to contribute toward one or	9404
more of the following: to provide for the comfort, health, safety,	9405
and general welfare of all employees and other inhabitants of ~~the~~	9406
this state through research and development directed toward the	9407
discovery of new technologies or the demonstration or application	9408
of existing technologies to enable the conversion or use of Ohio	9409
coal as a fuel or chemical feedstock in an environmentally	9410
acceptable manner thereby enhancing the marketability and	9411
fostering the use of this state's vast reserves of coal, to assist	9412
in the financing of coal research and development and coal	9413
research and development projects or facilities for persons doing	9414
business in this state and educational and scientific institutions	9415
located in this state, to create or preserve jobs and employment	9416
opportunities or improve the economic welfare of the people of ~~the~~	9417
this state, or to assist and cooperate with such persons and	9418
educational and scientific institutions in conducting coal	9419
research and development. In furtherance of ~~such~~this public	9420
policy, the Ohio coal development office ~~may~~, with the advice of	9421
the technical advisory committee created in section 1551.35 of the	9422
Revised Code and the ~~approval of the director of development~~	9423
affirmative vote of a majority of the members of the Ohio air	9424
quality development authority, may make loans, guarantee loans,	9425
and make grants to persons doing business in this state or to	9426
educational or scientific institutions located in this state for	9427
coal research and development projects by such persons or	9428
educational or scientific institutions; may, with the advice of	9429
the technical advisory committee and the ~~approval of the director~~	9430
~~of development~~affirmative vote of a majority of the members of	9431
the Ohio air quality development authority, request the issuance	9432
of coal research and development general obligations under section	9433
151.07 of the Revised Code to provide funds for making such loans,	9434
loan guarantees, and grants; and may, with the advice of the	9435
technical advisory committee and the ~~approval of the director of~~	9436
~~development~~affirmative vote of a majority of the members of the	9437
Ohio air quality development authority, expend moneys credited to	9438
the coal research and development fund created in section 1555.15	9439
of the Revised Code for the purpose of making such loans, loan	9440
guarantees, and grants. Determinations by the director of the Ohio	9441
coal development office that coal research and development or a	9442
coal research and development facility is a coal research and	9443
development project under this chapter and is consistent with the	9444
purposes of Section 15 of Article VIII, Ohio Constitution, and	9445
this chapter shall be conclusive as to the validity and	9446
enforceability of the coal research and development general	9447
obligations issued to finance such project and of the	9448
authorizations, trust agreements or indentures, loan agreements,	9449
loan guarantee agreements, or grant agreements, and other	9450
agreements made in connection therewith, all in accordance with	9451
their terms.	9452

Sec. 1555.03. For the purposes of this chapter, the director	9453
of the Ohio coal development office may:	9454

(A) With the advice of the technical advisory committee	9455
created in section 1551.35 of the Revised Code and the ~~approval of~~	9456
~~the director of development~~affirmative vote of a majority of the	9457
members of the Ohio air quality development authority, make loans,	9458
guarantee loans, and make grants to persons doing business in this	9459
state or to educational or scientific institutions located in this	9460
state for coal research and development projects by any such	9461
person or educational or scientific institution and adopt rules	9462
under Chapter 119. of the Revised Code for making such loans,	9463
guarantees, and grants.	9464

(B) In making loans, loan guarantees, and grants under	9465
division (A) of this section and section 1555.04 of the Revised	9466
Code, the director of the office shall ensure that an adequate	9467
portion of the total amount of those loans, loan guarantees, and	9468
grants, as determined by the director with the advice of the	9469
technical advisory committee, beis used for conducting research	9470
on fundamental scientific problems related to the utilization of	9471
Ohio coal and shall ensure, to the maximum feasible extent, joint	9472
financial participation by the federal government or other	9473
investors or interested parties in conjunction with any such loan,	9474
loan guarantee, or grant. The director, in each grant agreement or	9475
contract under division (A) of this section, loan contract or	9476
agreement under this division or section 1555.04 of the Revised	9477
Code, and contract of guarantee under section 1555.05 of the	9478
Revised Code, shall require that the facility or project be	9479
maintained and kept in good condition and repair by the person or	9480
educational or scientific institution to whom the grant or loan	9481
was made or for whom the guarantee was made.	9482

(C) From time to time, with the advice of the technical	9483
advisory committee and the ~~approval of the director of development~~	9484
affirmative vote of a majority of the members of the Ohio air	9485
quality development authority, request the issuance of coal	9486
research and development general obligations under section 151.07	9487
of the Revised Code, for any of the purposes set forth in Section	9488
15 of Article VIII, Ohio Constitution, and subject to the	9489
limitations therein upon the aggregate total amount of obligations	9490
that may be outstanding at any time.	9491

(D) Include as a condition of any loan, loan guarantee, or	9492
grant contract or agreement with any such person or educational or	9493
scientific institution that the director of the office receive, in	9494
addition to payments of principal and interest on any such loan or	9495
service charges for any such guarantee, as appropriate, as	9496
authorized by Section 15, Article VIII, Ohio Constitution, a	9497
reasonable royalty or portion of the income or profits arising out	9498
of the developments, discoveries, or inventions, including patents	9499
or copyrights ~~which~~, that result in whole or in part from coal	9500
research and development projects conducted under any such	9501
contract or agreement, in such amounts and for such period of	9502
years as may be negotiated and provided by the contract or	9503
agreement in advance of the making of the grant, loan, or loan	9504
guarantee. Moneys so received by the director of the office shall	9505
be credited to the coal research and development bond service	9506
fund.	9507

(E) Employ managers, superintendents, and other employees and	9508
retain or contract with consulting engineers, financial	9509
consultants, accounting experts, architects, and such other	9510
consultants and independent contractors as are necessary in the	9511
judgment of the director of the office to carry out this chapter,	9512
and fix the compensation thereof.	9513

(F) Receive and accept from any federal agency, subject to	9514
the approval of the governor, grants for or in aid of the	9515
construction or operation of any coal research and development	9516
project or for coal research and development, and receive and	9517
accept aid or contributions from any source of money, property,	9518
labor, or other things of value, to be held, used, and applied	9519
only for the purposes for which such grants and contributions are	9520
made.	9521

(G) Purchase fire and extended coverage and liability	9522
insurance for any coal research and development project, insurance	9523
protecting the office and its officers and employees against	9524
liability for damage to property or injury to or death of persons	9525
arising from its operations, and any other insurance the director	9526
of the office determines necessary or proper under this chapter.	9527
Any moneys received by the director from the proceeds of any such	9528
insurance with respect to a coal research and development project	9529
and any moneys received by the director from the proceeds of any	9530
settlement, judgment, foreclosure, or other insurance with respect	9531
to a coal research and development project or facility shall be	9532
credited to the coal research and development bond service fund.	9533

(H) In the exercise of the powers of the director of the	9534
office under this chapter, call to the director's assistance,	9535
temporarily, from time to time, any engineers, technical experts,	9536
financial experts, and other employees in any state department,	9537
agency, or commission, or in the Ohio state university, or other	9538
educational institutions financed wholly or partially by ~~the~~this	9539
state for purposes of assisting the director of the office with	9540
reviewing and evaluating applications for financial assistance	9541
under this chapter, monitoring performance of coal research and	9542
development projects receiving financial assistance under this	9543
chapter, and reviewing and evaluating the progress and findings of	9544
those projects. Such engineers, experts, and employees shall not	9545
receive any additional compensation over that which they receive	9546
from the department, agency, commission, or educational	9547
institution by which they are employed, but they shall be	9548
reimbursed for their actual and necessary expenses incurred while	9549
working under the direction of the director.	9550

(I) Do all acts necessary or proper to carry out the powers	9551
expressly granted in this chapter.	9552

Sec. 1555.04. (A) With respect to coal research and	9553
development projects financed wholly or partially from a loan or	9554
loan guarantee under this chapter, the director of the Ohio coal	9555
development office ~~may~~, in addition to other powers under this	9556
chapter, with the advice of the technical advisory committee	9557
created in section 1551.35 of the Revised Code and the ~~approval~~	9558
affirmative vote of ~~the director of development~~a majority of the	9559
members of the Ohio air quality development authority, may enter	9560
into loan agreements, accept notes and other forms of obligation	9561
to evidence such indebtedness and mortgages, liens, pledges,	9562
assignments, or other security interests to secure such	9563
indebtedness, which may be prior or subordinate to or on a parity	9564
with other indebtedness, obligations, mortgages, pledges,	9565
assignments, other security interests, or liens or encumbrances,	9566
and take such actions as hethe director of the office considers	9567
appropriate to protect such security and safeguard against losses,	9568
including, without limitation, foreclosure and the bidding upon	9569
and purchase of property upon foreclosure or other sale;.	9570

(B) The authority granted by this section is cumulative and	9571
supplementary to all other authority granted in this chapter. The	9572
authority granted by this section does not alter or impair any	9573
similar authority granted elsewhere in this chapter with respect	9574
to other projects.	9575

Sec. 1555.05. (A) Subject to any limitations as to aggregate	9576
amounts thereof that may from time to time be prescribed by the	9577
general assembly and to other applicable provisions of this	9578
chapter, and subject to the ~~one hundred million dollar~~	9579
one-hundred-million-dollar limitation provided in Section 15 of	9580
Article VIII, Ohio Constitution, the director of the Ohio coal	9581
development office ~~may~~, on behalf of ~~the~~this state, with the	9582
advice of the technical advisory committee created in section	9583
1551.35 of the Revised Code and the ~~approval~~affirmative vote of a	9584
majority of the members of the ~~director of development~~Ohio air	9585
quality development authority, may enter into contracts to	9586
guarantee the repayment or payment of the unpaid principal amount	9587
of loans made to pay the costs of coal research and development	9588
projects.	9589

(B) The contract of guarantee may make provision for the	9590
conditions of, time for, and manner of fulfillment of the	9591
guarantee commitment, subrogation of ~~the~~this state to the rights	9592
of the parties guaranteed and exercise of such parties' rights by	9593
the state, giving the state the option of making payment of the	9594
principal amount guaranteed in one or more installments and, if	9595
deferred, to pay interest thereon from the source specified in	9596
division (A) of this section, and any other terms or conditions	9597
customary to such guarantees and as the director of the office may	9598
approve, and may contain provisions for securing the guarantee in	9599
the manner consistent with this section, covenants on behalf of	9600
~~the~~this state to issue obligations under section 1555.08 of the	9601
Revised Code to provide moneys to fulfill such guarantees and	9602
covenants, and covenants restricting the aggregate amount of	9603
guarantees that may be contracted under this section and	9604
obligations that may be issued under section 151.07 of the Revised	9605
Code, and terms pertinent to either, to better secure the parties	9606
guaranteed.	9607

(C) The director of the office may fix service charges for	9608
making a guarantee. Such charges shall be payable at such times	9609
and place and in such amounts and manner as may be prescribed by	9610
the director. Moneys received from such charges shall be credited	9611
to the coal research and development bond service fund.	9612

(D) Any guaranteed parties under this section, by any	9613
suitable form of legal proceedings and except to the extent that	9614
their rights are restricted by the guarantee documents, may ~~by any~~	9615
~~suitable form of legal proceedings,~~ protect and enforce any rights	9616
under the laws of this state or granted by such guarantee or	9617
guarantee documents. Such rights include the right to compel the	9618
performance of all duties of the office required by this section	9619
or the guarantee or guarantee documents; and in the event of	9620
default with respect to the payment of any guarantees, to apply to	9621
a court having jurisdiction of the cause to appoint a receiver to	9622
receive and administer the moneys pledged to such guarantee with	9623
full power to pay, and to provide for payment of, such guarantee,	9624
and with such powers, subject to the direction of the court, as	9625
are accorded receivers in general equity cases, excluding any	9626
power to pledge or apply additional revenues or receipts or other	9627
income or moneys of ~~the~~this state. Each duty of the office and	9628
its director and employees required or undertaken under this	9629
section or a guarantee made under this section is hereby	9630
established as a duty of the office and of its director and each	9631
such employee having authority to perform such duty, specifically	9632
enjoined by the law resulting from an office, trust, or station	9633
within the meaning of section 2731.01 of the Revised Code. The	9634
persons who are at the time the director of the office, or its	9635
employees, are not liable in their personal capacities on any	9636
guarantees or contracts to make guarantees by the director.	9637

Sec. 1555.06. Upon application by the director of the Ohio	9638
coal development office with the ~~approval~~affirmative vote of a	9639
majority of the ~~director of development~~members of the Ohio air	9640
quality development authority, the controlling board ~~may~~, from	9641
appropriations available to the board, may provide funds for	9642
surveys or studies by the office of any proposed coal research and	9643
development project subject to repayment by the office from funds	9644
available to it, within the time fixed by the board. Funds to be	9645
repaid shall be charged by the office to the appropriate coal	9646
research and development project and the amount thereof shall be a	9647
cost of the project. This section does not abrogate the authority	9648
of the controlling board to otherwise provide funds for use by the	9649
office in the exercise of the powers granted to it by this	9650
chapter.	9651

Sec. 1555.08. (A) Subject to the limitations provided in	9652
Section 15 of Article VIII, Ohio Constitution, the commissioners	9653
of the sinking fund, upon certification by the director of the	9654
Ohio coal development office of the amount of moneys or additional	9655
moneys needed in the coal research and development fund for the	9656
purpose of making grants or loans for allowable costs, or needed	9657
for capitalized interest, for funding reserves, and for paying	9658
costs and expenses incurred in connection with the issuance,	9659
carrying, securing, paying, redeeming, or retirement of the	9660
obligations or any obligations refunded thereby, including payment	9661
of costs and expenses relating to letters of credit, lines of	9662
credit, insurance, put agreements, standby purchase agreements,	9663
indexing, marketing, remarketing and administrative arrangements,	9664
interest swap or hedging agreements, and any other credit	9665
enhancement, liquidity, remarketing, renewal, or refunding	9666
arrangements, all of which are authorized by this section, or	9667
providing moneys for loan guarantees, shall issue obligations of	9668
the state under this section in amounts authorized by the general	9669
assembly; provided that such obligations may be issued to the	9670
extent necessary to satisfy the covenants in contracts of	9671
guarantee made under section 1555.05 of the Revised Code to issue	9672
obligations to meet such guarantees, notwithstanding limitations	9673
otherwise applicable to the issuance of obligations under this	9674
section except the one-hundred-million-dollar limitation provided	9675
in Section 15 of Article VIII, Ohio Constitution. The proceeds of	9676
such obligations, except for the portion to be deposited in the	9677
coal research and development bond service fund as may be provided	9678
in the bond proceedings, shall as provided in the bond proceedings	9679
be deposited in the coal research and development fund. The	9680
commissioners of the sinking fund may appoint trustees, paying	9681
agents, and transfer agents and may retain the services of	9682
financial advisors, accounting experts, and attorneys, and retain	9683
or contract for the services of marketing, remarketing, indexing,	9684
and administrative agents, other consultants, and independent	9685
contractors, including printing services, as are necessary in	9686
their judgment to carry out this section.	9687

(B) The full faith and credit of the state of Ohio is hereby	9688
pledged to obligations issued under this section. The right of the	9689
holders and owners to payment of bond service charges is limited	9690
to all or that portion of the moneys pledged thereto pursuant to	9691
the bond proceedings in accordance with this section, and each	9692
such obligation shall bear on its face a statement to that effect.	9693

(C) Obligations shall be authorized by resolution of the	9694
commissioners of the sinking fund on request of the director of	9695
the Ohio coal development office as provided in section 1555.02 of	9696
the Revised Code and the bond proceedings shall provide for the	9697
purpose thereof and the principal amount or amounts, and shall	9698
provide for or authorize the manner or agency for determining the	9699
principal maturity or maturities, not exceeding forty years from	9700
the date of issuance, the interest rate or rates or the maximum	9701
interest rate, the date of the obligations and the dates of	9702
payment of interest thereon, their denomination, and the	9703
establishment within or without the state of a place or places of	9704
payment of bond service charges. Sections 9.98 to 9.983 of the	9705
Revised Code apply to obligations issued under this section. The	9706
purpose of such obligations may be stated in the bond proceedings	9707
in terms describing the general purpose or purposes to be served.	9708
The bond proceedings shall also provide, subject to the provisions	9709
of any other applicable bond proceedings, for the pledge of all,	9710
or such part as the commissioners of the sinking fund may	9711
determine, of the moneys credited to the coal research and	9712
development bond service fund to the payment of bond service	9713
charges, which pledges may be made either prior or subordinate to	9714
other expenses, claims, or payments and may be made to secure the	9715
obligations on a parity with obligations theretofore or thereafter	9716
issued, if and to the extent provided in the bond proceedings. The	9717
moneys so pledged and thereafter received by the state are	9718
immediately subject to the lien of such pledge without any	9719
physical delivery thereof or further act, and the lien of any such	9720
pledges is valid and binding against all parties having claims of	9721
any kind against the state or any governmental agency of the	9722
state, irrespective of whether such parties have notice thereof,	9723
and shall create a perfected security interest for all purposes of	9724
Chapter 1309. of the Revised Code, without the necessity for	9725
separation or delivery of funds or for the filing or recording of	9726
the bond proceedings by which such pledge is created or any	9727
certificate, statement or other document with respect thereto; and	9728
the pledge of such moneys is effective and the money therefrom and	9729
thereof may be applied to the purposes for which pledged without	9730
necessity for any act of appropriation. Every pledge, and every	9731
covenant and agreement made with respect thereto, made in the bond	9732
proceedings may therein be extended to the benefit of the owners	9733
and holders of obligations authorized by this section, and to any	9734
trustee therefor, for the further security of the payment of the	9735
bond service charges.	9736

(D) The bond proceedings may contain additional provisions as	9737
to:	9738

(1) The redemption of obligations prior to maturity at the	9739
option of the commissioners of the sinking fund at such price or	9740
prices and under such terms and conditions as are provided in the	9741
bond proceedings;	9742

(2) Other terms of the obligations;

9743

(3) Limitations on the issuance of additional obligations;

9744

(4) The terms of any trust agreement or indenture securing	9745
the obligations or under which the obligations may be issued;	9746

(5) The deposit, investment, and application of the coal	9747
research and development bond service fund, and the safeguarding	9748
of moneys on hand or on deposit, without regard to Chapter 131. or	9749
135. of the Revised Code, but subject to any special provisions of	9750
this chapter, with respect to particular moneys; provided, that	9751
any bank or trust company which acts as depository of any moneys	9752
in the fund may furnish such indemnifying bonds or may pledge such	9753
securities as required by the commissioners of the sinking fund;	9754

(6) Any other provision of the bond proceedings being binding	9755
upon the commissioners of the sinking fund, or such other body or	9756
person as may from time to time have the authority under law to	9757
take such actions as may be necessary to perform all or any part	9758
of the duty required by such provision;	9759

(7) Any provision which may be made in a trust agreement or	9760
indenture;	9761

(8) Any other or additional agreements with the holders of	9762
the obligations, or the trustee therefor, relating to the	9763
obligations or the security therefor, including the assignment of	9764
mortgages or other security obtained or to be obtained for loans	9765
under this chapter.	9766

(E) The obligations may have the great seal of the state or a	9767
facsimile thereof affixed thereto or printed thereon. The	9768
obligations shall be signed by such members of the commissioners	9769
of the sinking fund as are designated in the resolution	9770
authorizing the obligations or bear the facsimile signatures of	9771
such members. Any coupons attached to the obligations shall bear	9772
the facsimile signature of the treasurer of state. Any obligations	9773
may be executed by the persons who, on the date of execution, are	9774
the commissioners although on the date of such bonds the persons	9775
were not the commissioners. Any coupons may be executed by the	9776
person who, on the date of execution, is the treasurer of state	9777
although on the date of such coupons the person was not the	9778
treasurer of state. In case any officer or commissioner whose	9779
signature or a facsimile of whose signature appears on any such	9780
obligations or any coupons ceases to be such officer or	9781
commissioner before delivery thereof, such signature or facsimile	9782
is nevertheless valid and sufficient for all purposes as if the	9783
individual had remained such officer or commissioner until such	9784
delivery; and in case the seal to be affixed to obligations has	9785
been changed after a facsimile of the seal has been imprinted on	9786
such obligations, such facsimile seal shall continue to be	9787
sufficient as to such obligations and obligations issued in	9788
substitution or exchange therefor.	9789

(F) All obligations except loan guarantees are negotiable	9790
instruments and securities under Chapter 1308. of the Revised	9791
Code, subject to the provisions of the bond proceedings as to	9792
registration. The obligations may be issued in coupon or in	9793
registered form, or both, as the commissioners of the sinking fund	9794
determine. Provision may be made for the registration of any	9795
obligations with coupons attached thereto as to principal alone or	9796
as to both principal and interest, their exchange for obligations	9797
so registered, and for the conversion or reconversion into	9798
obligations with coupons attached thereto of any obligations	9799
registered as to both principal and interest, and for reasonable	9800
charges for such registration, exchange, conversion, and	9801
reconversion.	9802

(G) Obligations may be sold at public sale or at private	9803
sale, as determined in the bond proceedings.	9804

(H) Pending preparation of definitive obligations, the	9805
commissioners of the sinking fund may issue interim receipts or	9806
certificates which shall be exchanged for such definitive	9807
obligations.	9808

(I) In the discretion of the commissioners of the sinking	9809
fund, obligations may be secured additionally by a trust agreement	9810
or indenture between the commissioners and a corporate trustee,	9811
which may be any trust company or bank having its principal place	9812
of business within the state. Any such agreement or indenture may	9813
contain the resolution authorizing the issuance of the	9814
obligations, any provisions that may be contained in any bond	9815
proceedings, and other provisions that are customary or	9816
appropriate in an agreement or indenture of such type, including,	9817
but not limited to:	9818

(1) Maintenance of each pledge, trust agreement, indenture,	9819
or other instrument comprising part of the bond proceedings until	9820
the state has fully paid the bond service charges on the	9821
obligations secured thereby, or provision therefor has been made;	9822

(2) In the event of default in any payments required to be	9823
made by the bond proceedings, or any other agreement of the	9824
commissioners of the sinking fund made as a part of the contract	9825
under which the obligations were issued, enforcement of such	9826
payments or agreement by mandamus, the appointment of a receiver,	9827
suit in equity, action at law, or any combination of the	9828
foregoing;	9829

(3) The rights and remedies of the holders of obligations and	9830
of the trustee, and provisions for protecting and enforcing them,	9831
including limitations on rights of individual holders of	9832
obligations;	9833

(4) The replacement of any obligations that become mutilated	9834
or are destroyed, lost, or stolen;	9835

(5) Such other provisions as the trustee and the	9836
commissioners of the sinking fund agree upon, including	9837
limitations, conditions, or qualifications relating to any of the	9838
foregoing.	9839

(J) Any holder of obligations or a trustee under the bond	9840
proceedings, except to the extent that the holder's rights are	9841
restricted by the bond proceedings, may by any suitable form of	9842
legal proceedings protect and enforce any rights under the laws of	9843
this state or granted by such bond proceedings. Such rights	9844
include the right to compel the performance of all duties of the	9845
commissioners of the sinking fund, the ~~director of development~~	9846
Ohio air quality development authority, or the Ohio coal	9847
development office required by this chapter and Chapter 1551. of	9848
the Revised Code or the bond proceedings; to enjoin unlawful	9849
activities; and in the event of default with respect to the	9850
payment of any bond service charges on any obligations or in the	9851
performance of any covenant or agreement on the part of the	9852
commissioners, the ~~director~~authority, or the office in the bond	9853
proceedings, to apply to a court having jurisdiction of the cause	9854
to appoint a receiver to receive and administer the moneys	9855
pledged, other than those in the custody of the treasurer of	9856
state, that are pledged to the payment of the bond service charges	9857
on such obligations or that are the subject of the covenant or	9858
agreement, with full power to pay, and to provide for payment of	9859
bond service charges on, such obligations, and with such powers,	9860
subject to the direction of the court, as are accorded receivers	9861
in general equity cases, excluding any power to pledge additional	9862
revenues or receipts or other income or moneys of the	9863
commissioners of the sinking fund or the state or governmental	9864
agencies of the state to the payment of such principal and	9865
interest and excluding the power to take possession of, mortgage,	9866
or cause the sale or otherwise dispose of any project.	9867

Each duty of the commissioners of the sinking fund and their	9868
employees, and of each governmental agency and its officers,	9869
members, or employees, undertaken pursuant to the bond proceedings	9870
or any grant, loan, or loan guarantee agreement made under	9871
authority of this chapter, and in every agreement by or with the	9872
commissioners, is hereby established as a duty of the	9873
commissioners, and of each such officer, member, or employee	9874
having authority to perform such duty, specifically enjoined by	9875
the law resulting from an office, trust, or station within the	9876
meaning of section 2731.01 of the Revised Code.	9877

The persons who are at the time the commissioners of the	9878
sinking fund, or their employees, are not liable in their personal	9879
capacities on any obligations issued by the commissioners or any	9880
agreements of or with the commissioners.	9881

(K) Obligations issued under this section are lawful	9882
investments for banks, societies for savings, savings and loan	9883
associations, deposit guarantee associations, trust companies,	9884
trustees, fiduciaries, insurance companies, including domestic for	9885
life and domestic not for life, trustees or other officers having	9886
charge of sinking and bond retirement or other special funds of	9887
political subdivisions and taxing districts of this state, the	9888
commissioners of the sinking fund of the state, the administrator	9889
of workers' compensation, the state teachers retirement system,	9890
the public employees retirement system, the school employees	9891
retirement system, and the Ohio police and fire pension fund,	9892
notwithstanding any other provisions of the Revised Code or rules	9893
adopted pursuant thereto by any governmental agency of the state	9894
with respect to investments by them, and are also acceptable as	9895
security for the deposit of public moneys.	9896

(L) If the law or the instrument creating a trust pursuant to	9897
division (I) of this section expressly permits investment in	9898
direct obligations of the United States or an agency of the United	9899
States, unless expressly prohibited by the instrument, such moneys	9900
also may be invested in no-front-end-load money market mutual	9901
funds consisting exclusively of obligations of the United States	9902
or an agency of the United States and in repurchase agreements,	9903
including those issued by the fiduciary itself, secured by	9904
obligations of the United States or an agency of the United	9905
States; and in collective investment funds established in	9906
accordance with section 1111.14 of the Revised Code and consisting	9907
exclusively of any such securities, notwithstanding division	9908
(A)(1)(c) of that section. The income from such investments shall	9909
be credited to such funds as the commissioners of the sinking fund	9910
determine, and such investments may be sold at such times as the	9911
commissioners determine or authorize.	9912

(M) Provision may be made in the applicable bond proceedings	9913
for the establishment of separate accounts in the bond service	9914
fund and for the application of such accounts only to the	9915
specified bond service charges on obligations pertinent to such	9916
accounts and bond service fund and for other accounts therein	9917
within the general purposes of such fund. Moneys to the credit of	9918
the bond service fund shall be disbursed on the order of the	9919
treasurer of state; provided, that no such order is required for	9920
the payment from the bond service fund when due of bond service	9921
charges on obligations.	9922

(N) The commissioners of the sinking fund may pledge all, or	9923
such portion as they determine, of the receipts of the bond	9924
service fund to the payment of bond service charges on obligations	9925
issued under this section, and for the establishment and	9926
maintenance of any reserves, as provided in the bond proceedings,	9927
and make other provisions therein with respect to pledged receipts	9928
as authorized by this chapter, which provisions control	9929
notwithstanding any other provisions of law pertaining thereto.	9930

(O) The commissioners of the sinking fund may covenant in the	9931
bond proceedings, and any such covenants control notwithstanding	9932
any other provision of law, that the state and applicable officers	9933
and governmental agencies of the state, including the general	9934
assembly, so long as any obligations are outstanding, shall:	9935

(1) Maintain statutory authority for and cause to be levied	9936
and collected taxes so that the pledged receipts are sufficient in	9937
amount to meet bond service charges, and the establishment and	9938
maintenance of any reserves and other requirements provided for in	9939
the bond proceedings, and, as necessary, to meet covenants	9940
contained in any loan guarantees made under this chapter;	9941

(2) Take or permit no action, by statute or otherwise, that	9942
would impair the exemption from federal income taxation of the	9943
interest on the obligations.	9944

(P) All moneys received by or on account of the state and	9945
required by the applicable bond proceedings, consistent with this	9946
section, to be deposited, transferred, or credited to the coal	9947
research and development bond service fund, and all other moneys	9948
transferred or allocated to or received for the purposes of the	9949
fund, shall be credited to such fund and to any separate accounts	9950
therein, subject to applicable provisions of the bond proceedings,	9951
but without necessity for any act of appropriation. During the	9952
period beginning with the date of the first issuance of	9953
obligations and continuing during such time as any such	9954
obligations are outstanding, and so long as moneys in the bond	9955
service fund are insufficient to pay all bond service charges on	9956
such obligations becoming due in each year, a sufficient amount of	9957
moneys of the state are committed and shall be paid to the bond	9958
service fund in each year for the purpose of paying the bond	9959
service charges becoming due in that year without necessity for	9960
further act of appropriation for such purpose. The bond service	9961
fund is a trust fund and is hereby pledged to the payment of bond	9962
service charges to the extent provided in the applicable bond	9963
proceedings, and payment thereof from such fund shall be made or	9964
provided for by the treasurer of state in accordance with such	9965
bond proceedings without necessity for any act of appropriation.	9966
All investment earnings of the fund shall be credited to the fund.	9967

(Q) For purposes of establishing the limitations contained in	9968
Section 15 of Article VIII, Ohio Constitution, the "principal	9969
amount" refers to the aggregate of the offering price of the bonds	9970
or notes. "Principal amount" does not refer to the aggregate value	9971
at maturity or redemption of the bonds or notes.	9972

(R) This section applies only with respect to obligations	9973
issued and delivered prior to September 30, 2000.	9974

Sec. 1555.17. All final actions of the director of the Ohio	9975
coal development office shall be journalized and such journal	9976
shall be open to inspection of the public at all reasonable times.	9977
Any materials or data, to the extent that they consist of trade	9978
secrets, as defined in section 1333.61 of the Revised Code, or	9979
other proprietary information, that are submitted or made	9980
available to, or received by, the ~~director of development~~Ohio air	9981
quality development authority or the director of the Ohio coal	9982
development office, in connection with agreements for assistance	9983
entered into under this chapter or Chapter ~~1555.~~1551. of the	9984
Revised Code, or any information taken from those materials or	9985
data, are not public records for the ~~prposes~~purposes of section	9986
149.43 of the Revised Code.	9987

Sec. 1563.42. The operator of a mine, before the pillars are	9988
drawn previous to the abandonment of any part of the mine, shall	9989
have a correct map of such part of the mine made, showing its area	9990
and workings to the day of the abandonment and the pillars drawn	9991
previous to abandonment, and file such map within ninety days	9992
after the abandonment of such mine, in the office of the county	9993
recorder of the county where such mine is located, and with the	9994
chief of the division of mineral resources management. Such map	9995
shall have attached the usual certificate of the mining engineer	9996
making it, and the mine foreperson in charge of the underground	9997
workings of the mine, and such operator shall pay to the recorder	9998
for filing such map, a base fee of five dollars for services and a	9999
housing trust fee of five dollars pursuant to section 317.36 of	10000
the Revised Code.	10001

No operator of a mine shall refuse or neglect to comply with	10002
this section.	10003

Sec. 1702.59. (A) Every nonprofit corporation, incorporated	10004
under the general corporation laws of this state, or previous	10005
laws, or under special provisions of the Revised Code, or created	10006
before September 1, 1851, which corporation has expressedly or	10007
impliedly elected to be governed by the laws passed since that	10008
date, and whose articles or other documents are filed with the	10009
secretary of state, shall file with the secretary of state a	10010
verified statement of continued existence, signed by a director,	10011
officer, or three members in good standing, setting forth the	10012
corporate name, the place where the principal office of the	10013
corporation is located, the date of incorporation, the fact that	10014
the corporation is still actively engaged in exercising its	10015
corporate privileges, and the name and address of its agent	10016
appointed pursuant to section 1702.06 of the Revised Code.	10017

(B) Each corporation required to file a statement of	10018
continued existence shall file it with the secretary of state	10019
within each five years after the date of incorporation or of the	10020
last corporate filing.	10021

(C) Corporations specifically exempted by division (N) of	10022
section 1702.06 of the Revised Code, or whose activities are	10023
regulated or supervised by another state official, agency, bureau,	10024
department, or commission are exempted from this section.	10025

(D) The secretary of state shall give notice in writing and	10026
provide a form for compliance with this section to each	10027
corporation required by this section to file the statement of	10028
continued existence, such notice and form to be mailed to the last	10029
known address of the corporation as it appears on the records of	10030
the secretary of state or which the secretary of state may	10031
ascertain upon a reasonable search.	10032

(E) If any nonprofit corporation required by this section to	10033
file a statement of continued existence fails to file the	10034
statement required every fifth year, then the secretary of state	10035
shall cancel the articles of such corporation, make a notation of	10036
the cancellation on the records, and mail to the corporation a	10037
certificate of the action so taken.	10038

(F) A corporation whose articles have been canceled may be	10039
reinstated by filing an application for reinstatement and paying	10040
to the secretary of state the fee specified in division (Q) of	10041
section 111.16 of the Revised Code. The name of a corporation	10042
whose articles have been canceled shall be reserved for a period	10043
of one year after the date of cancellation. If the reinstatement	10044
is not made within one year from the date of the cancellation of	10045
its articles of incorporation and it appears that a corporate	10046
name, limited liability company name, limited liability	10047
partnership name, limited partnership name, or trade name has been	10048
filed, the name of which is not distinguishable upon the record as	10049
provided in section 1702.06 of the Revised Code, the applicant for	10050
reinstatement shall be required by the secretary of state, as a	10051
condition prerequisite to such reinstatement, to amend its	10052
articles by changing its name. A certificate of reinstatement may	10053
be filed in the recorder's office of any county in the state, for	10054
which the recorder shall charge and collect a base fee of one	10055
dollar for services and a housing trust fund fee of one dollar	10056
pursuant to section 317.36 of the Revised Code. The rights,	10057
privileges, and franchises of a corporation whose articles have	10058
been reinstated are subject to section 1702.60 of the Revised	10059
Code.	10060

(G) The secretary of state shall furnish the tax commissioner	10061
a list of all corporations failing to file the required statement	10062
of continued existence.	10063

Sec. 2101.16. (A) The fees enumerated in this division shall	10064
be charged and collected, if possible, by the probate judge and	10065
shall be in full for all services rendered in the respective	10066
proceedings:	10067

(1)	Account, in addition to advertising charges ..........	$12.00	10068
	Waivers and proof of notice of hearing on account, per		10069
	page, minimum one dollar .............................	$ 1.00	10070
(2)	Account of distribution, in addition to		10071
	advertising charges ..................................	$ 7.00	10072
(3)	Adoption of child, petition for ......................	$50.00	10073
(4)	Alter or cancel contract for sale or purchase of		10074
	real estate, petition to .............................	$20.00	10075
(5)	Application and order not otherwise provided		10076
	for in this section or by rule adopted pursuant to		10077
	division (E) of this section .........................	$ 5.00	10078
(6)	Appropriation suit, per day, hearing in ..............	$20.00	10079
(7)	Birth, application for registration of ...............	$ 7.00	10080
(8)	Birth record, application to correct .................	$ 5.00	10081
(9)	Bond, application for new or additional ..............	$ 5.00	10082
(10)	Bond, application for release of surety or		10083
	reduction of .........................................	$ 5.00	10084
(11)	Bond, receipt for securities deposited in lieu of ....	$ 5.00	10085
(12)	Certified copy of journal entry, record, or proceeding,		10086
	per page, minimum fee one dollar .....................	$ 1.00	10087
(13)	Citation and issuing citation, application for .......	$ 5.00	10088
(14)	Change of name, petition for .........................	$20.00	10089
(15)	Claim, application of administrator or executor for		10090
	allowance of administrator's or executor's own .......	$10.00	10091
(16)	Claim, application to compromise or settle ...........	$10.00	10092
(17)	Claim, authority to present ..........................	$10.00	10093
(18)	Commissioner, appointment of .........................	$ 5.00	10094
(19)	Compensation for extraordinary services and attorney's		10095
	fees for fiduciary, application for ..................	$ 5.00	10096
(20)	Competency, application to procure adjudication of ...	$20.00	10097
(21)	Complete contract, application to ....................	$10.00	10098
(22)	Concealment of assets, citation for ..................	$10.00	10099
(23)	Construction of will, petition for ...................	$20.00	10100
(24)	Continue decedent's business, application to .........	$10.00	10101
	Monthly reports of operation .........................	$ 5.00	10102
(25)	Declaratory judgment, petition for ...................	$20.00	10103
(26)	Deposit of will ......................................	$ 5.00	10104
(27)	Designation of heir ..................................	$20.00	10105
(28)	Distribution in kind, application, assent, and		10106
	order for ............................................	$ 5.00	10107
(29)	Distribution under section 2109.36 of the Revised		10108
	Code, application for an order of ....................	$ 7.00	10109
(30)	Docketing and indexing proceedings, including the		10110
	filing and noting of all necessary documents, maximum		10111
	fee, fifteen dollars .................................	$15.00	10112
(31)	Exceptions to any proceeding named in this section,		10113
	contest of appointment or ............................	$10.00	10114
(32)	Election of surviving partner to purchase assets of		10115
	partnership, proceedings relating to .................	$10.00	10116
(33)	Election of surviving spouse under will ..............	$ 5.00	10117
(34)	Fiduciary, including an assignee or trustee of an		10118
	insolvent debtor or any guardian or conservator		10119
	accountable to the probate court, appointment of .....	$35.00	10120
(35)	Foreign will, application to record ..................	$10.00	10121
	Record of foreign will, additional, per page .........	$ 1.00	10122
(36)	Forms when supplied by the probate court, not to		10123
	exceed ...............................................	$10.00	10124
(37)	Heirship, petition to determine ......................	$20.00	10125
(38)	Injunction proceedings ...............................	$20.00	10126
(39)	Improve real estate, petition to .....................	$20.00	10127
(40)	Inventory with appraisement ..........................	$10.00	10128
(41)	Inventory without appraisement .......................	$ 7.00	10129
(42)	Investment or expenditure of funds, application for ..	$10.00	10130
(43)	Invest in real estate, application to ................	$10.00	10131
(44)	Lease for oil, gas, coal, or other mineral, petition		10132
	to ...................................................	$20.00	10133
(45)	Lease or lease and improve real estate, petition to ..	$20.00	10134
(46)	Marriage license .....................................	$10.00	10135
	Certified abstract of each marriage ..................	$ 2.00	10136
(47)	Minor or mentally ill person, etc., disposal of estate		10137
	under ten thousand dollars of ........................	$10.00	10138
(48)	Mortgage or mortgage and repair or improve real		10139
	estate, petition to ..................................	$20.00	10140
(49)	Newly discovered assets, report of ...................	$ 7.00	10141
(50)	Nonresident executor or administrator to bar		10142
	creditors' claims, proceedings by ....................	$20.00	10143
(51)	Power of attorney or revocation of power,		10144
	bonding company ......................................	$10.00	10145
(52)	Presumption of death, petition to establish ..........	$20.00	10146
(53)	Probating will .......................................	$15.00	10147
	Proof of notice to beneficiaries .....................	$ 5.00	10148
(54)	Purchase personal property, application of surviving		10149
	spouse to ............................................	$10.00	10150
(55)	Purchase real estate at appraised value, petition of		10151
	surviving spouse to ..................................	$20.00	10152
(56)	Receipts in addition to advertising charges,		10153
	application and order to record ......................	$ 5.00	10154
	Record of those receipts, additional, per page .......	$ 1.00	10155
(57)	Record in excess of fifteen hundred words in any		10156
	proceeding in the probate court, per page ............	$ 1.00	10157
(58)	Release of estate by mortgagee or other lienholder ...	$ 5.00	10158
(59)	Relieving an estate from administration under section		10159
	2113.03 of the Revised Code or granting an order for a		10160
	summary release from administration under section		10161
	2113.031 of the Revised Code .........................	$60.00	10162
(60)	Removal of fiduciary, application for ................	$10.00	10163
(61)	Requalification of executor or administrator .........	$10.00	10164
(62)	Resignation of fiduciary .............................	$ 5.00	10165
(63)	Sale bill, public sale of personal property ..........	$10.00	10166
(64)	Sale of personal property and report, application		10167
	for ..................................................	$10.00	10168
(65)	Sale of real estate, petition for ....................	$25.00	10169
(66)	Terminate guardianship, petition to ..................	$10.00	10170
(67)	Transfer of real estate, application, entry, and		10171
	certificate for ......................................	$ 7.00	10172
(68)	Unclaimed money, application to invest ...............	$ 7.00	10173
(69)	Vacate approval of account or order of distribution,		10174
	motion to ............................................	$10.00	10175
(70)	Writ of execution ....................................	$ 5.00	10176
(71)	Writ of possession ...................................	$ 5.00	10177
(72)	Wrongful death, application and settlement of claim		10178
	for ..................................................	$20.00	10179
(73)	Year's allowance, petition to review .................	$ 7.00	10180
(74)	Guardian's report, filing and review of ..............	$ 5.00	10181

(B)(1) In relation to an application for the appointment of a	10182
guardian or the review of a report of a guardian under section	10183
2111.49 of the Revised Code, the probate court, pursuant to court	10184
order or in accordance with a court rule, may direct that the	10185
applicant or the estate pay any or all of the expenses of an	10186
investigation conducted pursuant to section 2111.041 or division	10187
(A)(2) of section 2111.49 of the Revised Code. If the	10188
investigation is conducted by a public employee or investigator	10189
who is paid by the county, the fees for the investigation shall be	10190
paid into the county treasury. If the court finds that an alleged	10191
incompetent or a ward is indigent, the court may waive the costs,	10192
fees, and expenses of an investigation.	10193

(2) In relation to the appointment or functioning of a	10194
guardian for a minor or the guardianship of a minor, the probate	10195
court may direct that the applicant or the estate pay any or all	10196
of the expenses of an investigation conducted pursuant to section	10197
2111.042 of the Revised Code. If the investigation is conducted by	10198
a public employee or investigator who is paid by the county, the	10199
fees for the investigation shall be paid into the county treasury.	10200
If the court finds that the guardian or applicant is indigent, the	10201
court may waive the costs, fees, and expenses of an investigation.	10202

(C) Thirty dollars of the thirty-five-dollar fee collected	10203
pursuant to division (A)(34) of this section and twenty dollars of	10204
the sixty-dollar fee collected pursuant to division (A)(59) of	10205
this section shall be deposited by the county treasurer in the	10206
indigent guardianship fund created pursuant to section 2111.51 of	10207
the Revised Code.	10208

(D) The fees of witnesses, jurors, sheriffs, coroners, and	10209
constables for services rendered in the probate court or by order	10210
of the probate judge shall be the same as provided for like	10211
services in the court of common pleas.	10212

(E) The probate court, by rule, may require an advance	10213
deposit for costs, not to exceed one hundred twenty-five dollars,	10214
at the time application is made for an appointment as executor or	10215
administrator or at the time a will is presented for probate.	10216

(F) The probate court, by rule, shall establish a reasonable	10217
fee, not to exceed fifty dollars, for the filing of a petition for	10218
the release of information regarding an adopted person's name by	10219
birth and the identity of the adopted person's biological parents	10220
and biological siblings pursuant to section 3107.41 of the Revised	10221
Code, all proceedings relative to the petition, the entry of an	10222
order relative to the petition, and all services required to be	10223
performed in connection with the petition. The probate court may	10224
use a reasonable portion of a fee charged under authority of this	10225
division to reimburse any agency, as defined in section 3107.39 of	10226
the Revised Code, for any services it renders in performing a task	10227
described in section 3107.41 of the Revised Code relative to or in	10228
connection with the petition for which the fee was charged.	10229

(G)(1) Thirty dollars of the fifty-dollar fee collected	10230
pursuant to division (A)(3) of this section shall be deposited	10231
into the "putative father registry fund," which is hereby created	10232
in the state treasury. The department of job and family services	10233
shall use the money in the fund to fund the department's costs of	10234
performing its duties related to the putative father registry	10235
established under section 3107.062 of the Revised Code.	10236

(2) If the department determines that money in the putative	10237
father registry fund is more than is needed for its duties related	10238
to the putative father registry, the department may use the	10239
surplus moneys in the fund as permitted in division (C) of section	10240
2151.3529, division (B) of section 2151.3530, or section 5103.155	10241
of the Revised Code.	10242

Sec. 2113.041. (A) The administrator of the estate recovery	10243
program established pursuant to section 5111.11 of the Revised	10244
Code may present an affidavit to a financial institution	10245
requesting that the financial institution release account proceeds	10246
to recover the cost of services correctly provided to a medicaid	10247
recipient. The affidavit shall include all of the following	10248
information:	10249

(1) The name of the decedent;

10250

(2) The name of any person who gave notice that the decedent	10251
was a medicaid recipient and that person's relationship to the	10252
decedent;	10253

(3) The name of the financial institution;

10254

(4) The account number;

10255

(5) A description of the claim for estate recovery;

10256

(6) The amount of funds to be recovered.

10257

(B) A financial institution may release account proceeds to	10258
the administrator of the estate recovery program if all of the	10259
following apply:	10260

(1) The decedent held an account at the financial institution	10261
that was in the decedent's name only.	10262

(2) No estate has been, and it is reasonable to assume that	10263
no estate will be, opened for the decedent.	10264

(3) The decedent has no outstanding debts known to the	10265
administrator of the estate recovery program.	10266

(4) The financial institution has received no objections or	10267
has determined that no valid objections to release of proceeds	10268
have been received.	10269

(C) If proceeds have been released pursuant to division (B)	10270
of this section and the department of job and family services	10271
receives notice of a valid claim to the proceeds that has a higher	10272
priority under section 2117.25 of the Revised Code than the claim	10273
of the estate recovery program, the department may refund the	10274
proceeds to the financial institution or pay them to the person or	10275
government entity with the claim.	10276

Sec. 2117.06. (A) All creditors having claims against an	10277
estate, including claims arising out of contract, out of tort, on	10278
cognovit notes, or on judgments, whether due or not due, secured	10279
or unsecured, liquidated or unliquidated, shall present their	10280
claims in one of the following manners:	10281

(1) To the executor or administrator in a writing;

10282

(2) To the executor or administrator in a writing, and to the	10283
probate court by filing a copy of the writing with it;	10284

(3) In a writing that is sent by ordinary mail addressed to	10285
the decedent and that is actually received by the executor or	10286
administrator within the appropriate time specified in division	10287
(B) of this section. For purposes of this division, if an executor	10288
or administrator is not a natural person, the writing shall be	10289
considered as being actually received by the executor or	10290
administrator only if the person charged with the primary	10291
responsibility of administering the estate of the decedent	10292
actually receives the writing within the appropriate time	10293
specified in division (B) of this section.	10294

(B) ~~All~~Except as provided in section 2117.061 of the Revised	10295
Code, all claims shall be presented within one year after the	10296
death of the decedent, whether or not the estate is released from	10297
administration or an executor or administrator is appointed during	10298
that one-year period. Every claim presented shall set forth the	10299
claimant's address.	10300

(C) AExcept as provided in section 2117.061 of the Revised	10301
Code, a claim that is not presented within one year after the	10302
death of the decedent shall be forever barred as to all parties,	10303
including, but not limited to, devisees, legatees, and	10304
distributees. No payment shall be made on the claim and no action	10305
shall be maintained on the claim, except as otherwise provided in	10306
sections 2117.37 to 2117.42 of the Revised Code with reference to	10307
contingent claims.	10308

(D) In the absence of any prior demand for allowance, the	10309
executor or administrator shall allow or reject all claims, except	10310
tax assessment claims, within thirty days after their	10311
presentation, provided that failure of the executor or	10312
administrator to allow or reject within that time shall not	10313
prevent the executor or administrator from doing so after that	10314
time and shall not prejudice the rights of any claimant. Upon the	10315
allowance of a claim, the executor or the administrator, on demand	10316
of the creditor, shall furnish the creditor with a written	10317
statement or memorandum of the fact and date of the allowance.	10318

(E) If the executor or administrator has actual knowledge of	10319
a pending action commenced against the decedent prior to the	10320
decedent's death in a court of record in this state, the executor	10321
or administrator shall file a notice of the appointment of the	10322
executor or administrator in the pending action within ten days	10323
after acquiring that knowledge. If the administrator or executor	10324
is not a natural person, actual knowledge of a pending suit	10325
against the decedent shall be limited to the actual knowledge of	10326
the person charged with the primary responsibility of	10327
administering the estate of the decedent. Failure to file the	10328
notice within the ten-day period does not extend the claim period	10329
established by this section.	10330

(F) This section applies to any person who is required to	10331
give written notice to the executor or administrator of a motion	10332
or application to revive an action pending against the decedent at	10333
the date of the death of the decedent.	10334

(G) Nothing in this section or in section 2117.07 of the	10335
Revised Code shall be construed to reduce the time mentioned in	10336
section 2125.02, 2305.09, 2305.10, 2305.11, 2305.113, or 2305.12	10337
of the Revised Code, provided that no portion of any recovery on a	10338
claim brought pursuant to any of those sections shall come from	10339
the assets of an estate unless the claim has been presented	10340
against the estate in accordance with Chapter 2117. of the Revised	10341
Code.	10342

(H) Any person whose claim has been presented and has not	10343
been rejected after presentment is a creditor as that term is used	10344
in Chapters 2113. to 2125. of the Revised Code. Claims that are	10345
contingent need not be presented except as provided in sections	10346
2117.37 to 2117.42 of the Revised Code, but, whether presented	10347
pursuant to those sections or this section, contingent claims may	10348
be presented in any of the manners described in division (A) of	10349
this section.	10350

(I) If a creditor presents a claim against an estate in	10351
accordance with division (A)(2) of this section, the probate court	10352
shall not close the administration of the estate until that claim	10353
is allowed or rejected.	10354

(J) The probate court shall not require an executor or	10355
administrator to make and return into the court a schedule of	10356
claims against the estate.	10357

(K) If the executor or administrator makes a distribution of	10358
the assets of the estate prior to the expiration of the time for	10359
the filing of claims as set forth in this section, the executor or	10360
administrator shall provide notice on the account delivered to	10361
each distributee that the distributee may be liable to the estate	10362
up to the value of the distribution and may be required to return	10363
all or any part of the value of the distribution if a valid claim	10364
is subsequently made against the estate within the time permitted	10365
under this section.	10366

Sec. 2117.061. (A) As used in this section, "person	10367
responsible for the estate" means the executor, administrator,	10368
commissioner, or person who filed pursuant to section 2113.03 of	10369
the Revised Code for release from administration of an estate.	10370

(B) If the decedent was fifty-five years of age or older at	10371
the time of death, the person responsible for an estate shall	10372
determine whether the decedent was a recipient of medical	10373
assistance under Chapter 5111. of the Revised Code. If the	10374
decedent was a recipient, the person responsible for the estate	10375
shall give written notice to that effect to the administrator of	10376
the estate recovery program instituted under section 5111.11 of	10377
the Revised Code not later than thirty days after the occurrence	10378
of any of the following:	10379

(1) The granting of letters testamentary;

10380

(2) The administration of the estate;

10381

(3) The filing of an application for release from	10382
administration or summary release from administration.	10383

(C) The person responsible for an estate shall mark the	10384
appropriate box on the appropriate probate form to indicate	10385
compliance with the requirements of division (B) of this section.	10386

(D) The estate recovery program administrator shall present a	10387
claim for estate recovery to the person responsible for the estate	10388
or the person's legal representative not later than ninety days	10389
after the date on which notice is received under division (B) of	10390
this section or one year after the decedent's death, whichever is	10391
later.	10392

Sec. 2117.25. (A) Every executor or administrator shall	10393
proceed with diligence to pay the debts of the decedent and shall	10394
apply the assets in the following order:	10395

(1) Costs and expenses of administration;

10396

(2) An amount, not exceeding two thousand dollars, for	10397
funeral expenses that are included in the bill of a funeral	10398
director, funeral expenses other than those in the bill of a	10399
funeral director that are approved by the probate court, and an	10400
amount, not exceeding two thousand dollars, for burial and	10401
cemetery expenses, including that portion of the funeral	10402
director's bill allocated to cemetery expenses that have been paid	10403
to the cemetery by the funeral director.	10404

For purposes of this division, burial and cemetery expenses	10405
shall be limited to the following:	10406

(a) The purchase of a place of interment;

10407

(b) Monuments or other markers;

10408

10409

(d) The cost of opening and closing the place of interment;

10410

(e) The urn.

10411

(3) The allowance for support made to the surviving spouse,	10412
minor children, or both under section 2106.13 of the Revised Code;	10413

(4) Debts entitled to a preference under the laws of the	10414
United States;	10415

(5) Expenses of the last sickness of the decedent;

10416

(6) If the total bill of a funeral director for funeral	10417
expenses exceeds two thousand dollars, then, in addition to the	10418
amount described in division (A)(2) of this section, an amount,	10419
not exceeding one thousand dollars, for funeral expenses that are	10420
included in the bill and that exceed two thousand dollars;	10421

(7) Personal property taxes, claims made under the estate	10422
recovery program instituted pursuant to section 5111.11 of the	10423
Revised Code, and obligations for which the decedent was	10424
personally liable to the state or any of its subdivisions;	10425

(8) Debts for manual labor performed for the decedent within	10426
twelve months preceding the decedent's death, not exceeding three	10427
hundred dollars to any one person;	10428

(9) Other debts for which claims have been presented and	10429
finally allowed.	10430

(B) The part of the bill of a funeral director that exceeds	10431
the total of three thousand dollars as described in divisions	10432
(A)(2) and (6) of this section, and the part of a claim included	10433
in division (A)(8) of this section that exceeds three hundred	10434
dollars shall be included as a debt under division (A)(9) of this	10435
section, depending upon the time when the claim for the additional	10436
amount is presented.	10437

(C) Any natural person or fiduciary who pays a claim of any	10438
creditor described in division (A) of this section shall be	10439
subrogated to the rights of that creditor proportionate to the	10440
amount of the payment and shall be entitled to reimbursement for	10441
that amount in accordance with the priority of payments set forth	10442
in that division.	10443

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	10444
to the manner in which and the time within which claims shall be	10445
presented, shall apply to claims set forth in divisions (A)(2),	10446
(6), and (8) of this section. Claims for an expense of	10447
administration or for the allowance for support need not be	10448
presented. The executor or administrator shall pay debts included	10449
in divisions (A)(4) and (7) of this section, of which the executor	10450
or administrator has knowledge, regardless of presentation.	10451

(2) The giving of written notice to an executor or	10452
administrator of a motion or application to revive an action	10453
pending against the decedent at the date of death shall be	10454
equivalent to the presentation of a claim to the executor or	10455
administrator for the purpose of determining the order of payment	10456
of any judgment rendered or decree entered in such an action.	10457

(E) No payments shall be made to creditors of one class until	10458
all those of the preceding class are fully paid or provided for.	10459
If the assets are insufficient to pay all the claims of one class,	10460
the creditors of that class shall be paid ratably.	10461

(F) If it appears at any time that the assets have been	10462
exhausted in paying prior or preferred charges, allowances, or	10463
claims, those payments shall be a bar to an action on any claim	10464
not entitled to that priority or preference.	10465

Sec. 2151.3529. (A) The director of job and family services	10466
shall promulgate forms designed to gather pertinent medical	10467
information concerning a deserted child and the child's parents.	10468
The forms shall clearly and unambiguously state on each page that	10469
the information requested is to facilitate medical care for the	10470
child, that the forms may be fully or partially completed or left	10471
blank, that completing the forms or parts of the forms is	10472
completely voluntary, and that no adverse legal consequence will	10473
result from failure to complete any part of the forms.	10474

(B) The director shall promulgate written materials to be	10475
given to the parents of a child delivered pursuant to section	10476
2151.3516 of the Revised Code. The materials shall describe	10477
services available to assist parents and newborns and shall	10478
include information directly relevant to situations that might	10479
cause parents to desert a child and information on the procedures	10480
for a person to follow in order to reunite with a child the person	10481
delivered under section 2151.3516 of the Revised Code, including	10482
notice that the person will be required to submit to a DNA test,	10483
at that person's expense, to prove that the person is the parent	10484
of the child.	10485

(C) If the department of job and family services determines	10486
that money in the putative father registry fund created under	10487
section 2101.16 of the Revised Code is more than is needed for its	10488
duties related to the putative father registry, the department may	10489
use surplus moneys in the fund for costs related to the	10490
development and publication of forms and materials promulgated	10491
pursuant to divisions (A) and (B) of this section.	10492

Sec. 2151.3530. (A) The director of job and family services	10493
shall distribute the medical information forms and written	10494
materials promulgated under section 2151.3529 of the Revised Code	10495
to entities permitted to receive a deserted child, to public	10496
children services agencies, and to other public or private	10497
agencies that, in the discretion of the director, are best able to	10498
disseminate the forms and materials to the persons who are most in	10499
need of the forms and materials.	10500

(B) If the department of job and family services determines	10501
that money in the putative father registry fund created under	10502
section 2101.16 of the Revised Code is more than is needed to	10503
perform its duties related to the putative father registry, the	10504
department may use surplus moneys in the fund for costs related to	10505
the distribution of forms and materials pursuant to this section.	10506

Sec. 2151.83. (A) A public children services agency or	10507
private child placing agency, on the request of a young adult,	10508
shall enter into a jointly prepared written agreement with the	10509
young adult that obligates the agency to ensure that independent	10510
living services are provided to the young adult and sets forth the	10511
responsibilities of the young adult regarding the services. The	10512
agreement shall be developed based on the young adult's strengths,	10513
needs, and circumstances ~~and the availability of funds provided~~	10514
~~pursuant to section 2151.84 of the Revised Code~~. The agreement	10515
shall be designed to promote the young adult's successful	10516
transition to independent adult living and emotional and economic	10517
self-sufficiency.	10518

(B) If the young adult appears to be eligible for services	10519
from one or more of the following entities, the agency must	10520
contact the appropriate entity to determine eligibility:	10521

(1) An entity, other than the agency, that is represented on	10522
a county family and children first council established pursuant to	10523
section 121.37 of the Revised Code. If the entity is a board of	10524
alcohol, drug addiction, and mental health services, an alcohol	10525
and drug addiction services board, or a community mental health	10526
board, the agency shall contact the provider of alcohol, drug	10527
addiction, or mental health services that has been designated by	10528
the board to determine the young adult's eligibility for services.	10529

(2) The rehabilitation services commission;

10530

(3) A metropolitan housing authority established pursuant to	10531
section 3735.27 of the Revised Code.	10532

If an entity described in this division determines that the	10533
young adult qualifies for services from the entity, that entity,	10534
the young adult, and the agency to which the young adult made the	10535
request for independent living services shall enter into a written	10536
addendum to the jointly prepared agreement entered into under	10537
division (A) of this section. The addendum shall indicate how	10538
services under the agreement and addendum are to be coordinated	10539
and allocate the service responsibilities among the entities and	10540
agency that signed the addendum.	10541

Sec. 2151.84. The department of job and family services	10542
shall establish model agreements that may be used by public	10543
children services agencies and private child placing agencies	10544
required to provide services under an agreement with a young adult	10545
pursuant to section 2151.83 of the Revised Code. The model	10546
agreements shall include provisions describing the specific	10547
independent living services to be provided ~~to the extent funds are~~	10548
~~provided pursuant to this section~~, the duration of the services	10549
and the agreement, the duties and responsibilities of each party	10550
under the agreement, and grievance procedures regarding disputes	10551
that arise regarding the agreement or services provided under it.	10552

~~To facilitate the provision of independent living services,~~	10553
~~the department shall provide funds to meet the requirement of~~	10554
~~state matching funds needed to qualify for federal funds under the~~	10555
~~"Foster Care Independence Act of 1999," 113 Stat. 1822 (1999), 42~~	10556
~~U.S.C. 677, as amended. The department shall seek controlling~~	10557
~~board approval of any fund transfers necessary to meet this~~	10558
~~requirement.~~	10559

Sec. 2152.74. (A) As used in this section, "DNA analysis"	10560
and "DNA specimen" have the same meanings as in section 109.573 of	10561
the Revised Code.	10562

(B)(1) A child who is adjudicated a delinquent child for	10563
committing an act listed in division (D) of this section and who	10564
is committed to the custody of the department of youth services,	10565
placed in a detention facility or district detention facility	10566
pursuant to division (A)(3) of section 2152.19 of the Revised	10567
Code, or placed in a school, camp, institution, or other facility	10568
for delinquent children described in division (A)(2) of section	10569
2152.19 of the Revised Code shall submit to a DNA specimen	10570
collection procedure administered by the director of youth	10571
services if committed to the department or by the chief	10572
administrative officer of the detention facility, district	10573
detention facility, school, camp, institution, or other facility	10574
for delinquent children to which the child was committed or in	10575
which the child was placed. If the court commits the child to the	10576
department of youth services, the director of youth services shall	10577
cause the DNA specimen to be collected from the child during the	10578
intake process at an institution operated by or under the control	10579
of the department. If the court commits the child to or places the	10580
child in a detention facility, district detention facility,	10581
school, camp, institution, or other facility for delinquent	10582
children, the chief administrative officer of the detention	10583
facility, district detention facility, school, camp, institution,	10584
or facility to which the child is committed or in which the child	10585
is placed shall cause the DNA specimen to be collected from the	10586
child during the intake process for the detention facility,	10587
district detention facility, school, camp, institution, or	10588
facility. In accordance with division (C) of this section, the	10589
director or the chief administrative officer shall cause the DNA	10590
specimen to be forwarded to the bureau of criminal identification	10591
and investigation no later than fifteen days after the date of the	10592
collection of the DNA specimen. The DNA specimen shall be	10593
collected from the child in accordance with division (C) of this	10594
section.	10595

(2) If a child is adjudicated a delinquent child for	10596
committing an act listed in division (D) of this section, is	10597
committed to or placed in the department of youth services, a	10598
detention facility or district detention facility, or a school,	10599
camp, institution, or other facility for delinquent children, and	10600
does not submit to a DNA specimen collection procedure pursuant to	10601
division (B)(1) of this section, prior to the child's release from	10602
the custody of the department of youth services, from the custody	10603
of the detention facility or district detention facility, or from	10604
the custody of the school, camp, institution, or facility, the	10605
child shall submit to, and the director of youth services or the	10606
chief administrator of the detention facility, district detention	10607
facility, school, camp, institution, or facility to which the	10608
child is committed or in which the child was placed shall	10609
administer, a DNA specimen collection procedure at the institution	10610
operated by or under the control of the department of youth	10611
services or at the detention facility, district detention	10612
facility, school, camp, institution, or facility to which the	10613
child is committed or in which the child was placed. In accordance	10614
with division (C) of this section, the director or the chief	10615
administrative officer shall cause the DNA specimen to be	10616
forwarded to the bureau of criminal identification and	10617
investigation no later than fifteen days after the date of the	10618
collection of the DNA specimen. The DNA specimen shall be	10619
collected in accordance with division (C) of this section.	10620

(C) If the DNA specimen is collected by withdrawing blood	10621
from the child or a similarly invasive procedure, a physician,	10622
registered nurse, licensed practical nurse, duly licensed clinical	10623
laboratory technician, or other qualified medical practitioner	10624
shall collect in a medically approved manner the DNA specimen	10625
required to be collected pursuant to division (B) of this section.	10626
If the DNA specimen is collected by swabbing for buccal cells or a	10627
similarly noninvasive procedure, this section does not require	10628
that the DNA specimen be collected by a qualified medical	10629
practitioner of that nature. No later than fifteen days after the	10630
date of the collection of the DNA specimen, the director of youth	10631
services or the chief administrative officer of the detention	10632
facility, district detention facility, school, camp, institution,	10633
or other facility for delinquent children to which the child is	10634
committed or in which the child was placed shall cause the DNA	10635
specimen to be forwarded to the bureau of criminal identification	10636
and investigation in accordance with procedures established by the	10637
superintendent of the bureau under division (H) of section 109.573	10638
of the Revised Code. The bureau shall provide the specimen vials,	10639
mailing tubes, labels, postage, and instruction needed for the	10640
collection and forwarding of the DNA specimen to the bureau.	10641

(D) The director of youth services and the chief	10642
administrative officer of a detention facility, district detention	10643
facility, school, camp, institution, or other facility for	10644
delinquent children shall cause a DNA specimen to be collected in	10645
accordance with divisions (B) and (C) of this section from each	10646
child in its custody who is adjudicated a delinquent child for	10647
committing any of the following acts:	10648

(1) A violation of section 2903.01, 2903.02, 2903.11,	10649
2905.01, 2907.02, 2907.03, 2907.05, 2911.01, 2911.02, 2911.11, or	10650
2911.12 of the Revised Code;	10651

(2) A violation of section 2907.12 of the Revised Code as it	10652
existed prior to September 3, 1996;	10653

(3) An attempt to commit a violation of section 2903.01,	10654
2903.02, 2907.02, 2907.03, or 2907.05 of the Revised Code or to	10655
commit a violation of section 2907.12 of the Revised Code as it	10656
existed prior to September 3, 1996;	10657

(4) A violation of any law that arose out of the same facts	10658
and circumstances and same act as did a charge against the child	10659
of a violation of section 2903.01, 2903.02, 2905.01, 2907.02,	10660
2907.03, 2907.05, or 2911.11 of the Revised Code that previously	10661
was dismissed or amended or as did a charge against the child of a	10662
violation of section 2907.12 of the Revised Code as it existed	10663
prior to September 3, 1996, that previously was dismissed or	10664
amended;	10665

(5) A violation of section 2905.02 or 2919.23 of the Revised	10666
Code that would have been a violation of section 2905.04 of the	10667
Revised Code as it existed prior to July 1, 1996, had the	10668
violation been committed prior to that date;	10669

(6) A felony violation of any law that arose out of the same	10670
facts and circumstances and same act as did a charge against the	10671
child of a violation of section 2903.11, 2911.01, 2911.02, or	10672
2911.12 of the Revised Code that previously was dismissed or	10673
amended;	10674

(7) A violation of section 2923.01 of the Revised Code	10675
involving a conspiracy to commit a violation of section 2903.01,	10676
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	10677
Revised Code;	10678

(8) A violation of section 2923.03 of the Revised Code	10679
involving complicity in committing a violation of section 2903.01,	10680
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	10681
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	10682
violation of section 2907.12 of the Revised Code as it existed	10683
prior to September 3, 1996.	10684

(E) The director of youth services and the chief	10685
administrative officer of a detention facility, district detention	10686
facility, school, camp, institution, or other facility for	10687
delinquent children is not required to comply with this section in	10688
relation to the following acts until the superintendent of the	10689
bureau of criminal identification and investigation gives agencies	10690
in the juvenile justice system, as defined in section ~~181.51~~	10691
109.98 of the Revised Code, in the state official notification	10692
that the state DNA laboratory is prepared to accept DNA specimens	10693
of that nature:	10694

(1) A violation of section 2903.11, 2911.01, 2911.02, or	10695
2911.12 of the Revised Code;	10696

(2) An attempt to commit a violation of section 2903.01 or	10697
2903.02 of the Revised Code;	10698

(3) A felony violation of any law that arose out of the same	10699
facts and circumstances and same act as did a charge against the	10700
child of a violation of section 2903.11, 2911.01, 2911.02, or	10701
2911.12 of the Revised Code that previously was dismissed or	10702
amended;	10703

(4) A violation of section 2923.01 of the Revised Code	10704
involving a conspiracy to commit a violation of section 2903.01,	10705
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	10706
Revised Code;	10707

(5) A violation of section 2923.03 of the Revised Code	10708
involving complicity in committing a violation of section 2903.01,	10709
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	10710
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	10711
violation of section 2907.12 of the Revised Code as it existed	10712
prior to September 3, 1996.	10713

Sec. 2305.234. (A) As used in this section:

10714

(1) "Chiropractic claim," "medical claim," and "optometric	10715
claim" have the same meanings as in section 2305.113 of the	10716
Revised Code.	10717

(2) "Dental claim" has the same meaning as in section	10718
2305.113 of the Revised Code, except that it does not include any	10719
claim arising out of a dental operation or any derivative claim	10720
for relief that arises out of a dental operation.	10721

(3) "Governmental health care program" has the same meaning	10722
as in section 4731.65 of the Revised Code.	10723

(4) "Health care professional" means any of the following who	10724
provide medical, dental, or other health-related diagnosis, care,	10725
or treatment:	10726

(a) Physicians authorized under Chapter 4731. of the Revised	10727
Code to practice medicine and surgery or osteopathic medicine and	10728
surgery;	10729

(b) Registered nurses, advanced practice nurses, and licensed	10730
practical nurses licensed under Chapter 4723. of the Revised Code;	10731

(c) Physician assistants authorized to practice under Chapter	10732
4730. of the Revised Code;	10733

(d) Dentists and dental hygienists licensed under Chapter	10734
4715. of the Revised Code;	10735

(e) Physical therapists licensed under Chapter 4755. of the	10736
Revised Code;	10737

(f) Chiropractors licensed under Chapter 4734. of the Revised	10738
Code;	10739

(g) Optometrists licensed under Chapter 4725. of the Revised	10740
Code;	10741

(h) Podiatrists authorized under Chapter 4731. of the Revised	10742
Code to practice podiatry;	10743

(i) Dietitians licensed under Chapter 4759. of the Revised	10744
Code;	10745

(j) Pharmacists licensed under Chapter 4729. of the Revised	10746
Code;	10747

(k) Emergency medical technicians-basic, emergency medical	10748
technicians-intermediate, and emergency medical	10749
technicians-paramedic, certified under Chapter 4765. of the	10750
Revised Code.	10751

(5) "Health care worker" means a person other than a health	10752
care professional who provides medical, dental, or other	10753
health-related care or treatment under the direction of a health	10754
care professional with the authority to direct that individual's	10755
activities, including medical technicians, medical assistants,	10756
dental assistants, orderlies, aides, and individuals acting in	10757
similar capacities.	10758

(6) "Indigent and uninsured person" means a person who meets	10759
all of the following requirements:	10760

(a) The person's income is not greater than one hundred fifty	10761
per cent of the current poverty line as defined by the United	10762
States office of management and budget and revised in accordance	10763
with section 673(2) of the "Omnibus Budget Reconciliation Act of	10764
1981," 95 Stat. 511, 42 U.S.C. 9902, as amended.	10765

(b) The person is not eligible to receive medical assistance	10766
under Chapter 5111., disability ~~assistance~~ medical assistance	10767
under Chapter 5115. of the Revised Code, or assistance under any	10768
other governmental health care program.	10769

10770

(i) The person is not a policyholder, certificate holder,	10771
insured, contract holder, subscriber, enrollee, member,	10772
beneficiary, or other covered individual under a health insurance	10773
or health care policy, contract, or plan.	10774

(ii) The person is a policyholder, certificate holder,	10775
insured, contract holder, subscriber, enrollee, member,	10776
beneficiary, or other covered individual under a health insurance	10777
or health care policy, contract, or plan, but the insurer, policy,	10778
contract, or plan denies coverage or is the subject of insolvency	10779
or bankruptcy proceedings in any jurisdiction.	10780

(7) "Operation" means any procedure that involves cutting or	10781
otherwise infiltrating human tissue by mechanical means, including	10782
surgery, laser surgery, ionizing radiation, therapeutic	10783
ultrasound, or the removal of intraocular foreign bodies.	10784
"Operation" does not include the administration of medication by	10785
injection, unless the injection is administered in conjunction	10786
with a procedure infiltrating human tissue by mechanical means	10787
other than the administration of medicine by injection.	10788

(8) "Nonprofit shelter or health care facility" means a	10789
charitable nonprofit corporation organized and operated pursuant	10790
to Chapter 1702. of the Revised Code, or any charitable	10791
organization not organized and not operated for profit, that	10792
provides shelter, health care services, or shelter and health care	10793
services to indigent and uninsured persons, except that "shelter	10794
or health care facility" does not include a hospital as defined in	10795
section 3727.01 of the Revised Code, a facility licensed under	10796
Chapter 3721. of the Revised Code, or a medical facility that is	10797
operated for profit.	10798

(9) "Tort action" means a civil action for damages for	10799
injury, death, or loss to person or property other than a civil	10800
action for damages for a breach of contract or another agreement	10801
between persons or government entities.	10802

(10) "Volunteer" means an individual who provides any	10803
medical, dental, or other health-care related diagnosis, care, or	10804
treatment without the expectation of receiving and without receipt	10805
of any compensation or other form of remuneration from an indigent	10806
and uninsured person, another person on behalf of an indigent and	10807
uninsured person, any shelter or health care facility, or any	10808
other person or government entity.	10809

(B)(1) Subject to divisions (E) and (F)(3) of this section, a	10810
health care professional who is a volunteer and complies with	10811
division (B)(2) of this section is not liable in damages to any	10812
person or government entity in a tort or other civil action,	10813
including an action on a medical, dental, chiropractic,	10814
optometric, or other health-related claim, for injury, death, or	10815
loss to person or property that allegedly arises from an action or	10816
omission of the volunteer in the provision at a nonprofit shelter	10817
or health care facility to an indigent and uninsured person of	10818
medical, dental, or other health-related diagnosis, care, or	10819
treatment, including the provision of samples of medicine and	10820
other medical products, unless the action or omission constitutes	10821
willful or wanton misconduct.	10822

(2) To qualify for the immunity described in division (B)(1)	10823
of this section, a health care professional shall do all of the	10824
following prior to providing diagnosis, care, or treatment:	10825

(a) Determine, in good faith, that the indigent and uninsured	10826
person is mentally capable of giving informed consent to the	10827
provision of the diagnosis, care, or treatment and is not subject	10828
to duress or under undue influence;	10829

(b) Inform the person of the provisions of this section;

10830

(c) Obtain the informed consent of the person and a written	10831
waiver, signed by the person or by another individual on behalf of	10832
and in the presence of the person, that states that the person is	10833
mentally competent to give informed consent and, without being	10834
subject to duress or under undue influence, gives informed consent	10835
to the provision of the diagnosis, care, or treatment subject to	10836
the provisions of this section.	10837

(3) A physician or podiatrist who is not covered by medical	10838
malpractice insurance, but complies with division (B)(2) of this	10839
section, is not required to comply with division (A) of section	10840
4731.143 of the Revised Code.	10841

(C) Subject to divisions (E) and (F)(3) of this section,	10842
health care workers who are volunteers are not liable in damages	10843
to any person or government entity in a tort or other civil	10844
action, including an action upon a medical, dental, chiropractic,	10845
optometric, or other health-related claim, for injury, death, or	10846
loss to person or property that allegedly arises from an action or	10847
omission of the health care worker in the provision at a nonprofit	10848
shelter or health care facility to an indigent and uninsured	10849
person of medical, dental, or other health-related diagnosis,	10850
care, or treatment, unless the action or omission constitutes	10851
willful or wanton misconduct.	10852

(D) Subject to divisions (E) and (F)(3) of this section and	10853
section 3701.071 of the Revised Code, a nonprofit shelter or	10854
health care facility associated with a health care professional	10855
described in division (B)(1) of this section or a health care	10856
worker described in division (C) of this section is not liable in	10857
damages to any person or government entity in a tort or other	10858
civil action, including an action on a medical, dental,	10859
chiropractic, optometric, or other health-related claim, for	10860
injury, death, or loss to person or property that allegedly arises	10861
from an action or omission of the health care professional or	10862
worker in providing for the shelter or facility medical, dental,	10863
or other health-related diagnosis, care, or treatment to an	10864
indigent and uninsured person, unless the action or omission	10865
constitutes willful or wanton misconduct.	10866

(E)(1) Except as provided in division (E)(2) of this section,	10867
the immunities provided by divisions (B), (C), and (D) of this	10868
section are not available to an individual or to a nonprofit	10869
shelter or health care facility if, at the time of an alleged	10870
injury, death, or loss to person or property, the individuals	10871
involved are providing one of the following:	10872

(a) Any medical, dental, or other health-related diagnosis,	10873
care, or treatment pursuant to a community service work order	10874
entered by a court under division (F) of section 2951.02 of the	10875
Revised Code as a condition of probation or other suspension of a	10876
term of imprisonment or imposed by a court as a community control	10877
sanction pursuant to sections 2929.15 and 2929.17 of the Revised	10878
Code.	10879

(b) Performance of an operation.

10880

10881

(2) Division (E)(1) of this section does not apply to an	10882
individual who provides, or a nonprofit shelter or health care	10883
facility at which the individual provides, diagnosis, care, or	10884
treatment that is necessary to preserve the life of a person in a	10885
medical emergency.	10886

(F)(1) This section does not create a new cause of action or	10887
substantive legal right against a health care professional, health	10888
care worker, or nonprofit shelter or health care facility.	10889

(2) This section does not affect any immunities from civil	10890
liability or defenses established by another section of the	10891
Revised Code or available at common law to which an individual or	10892
a nonprofit shelter or health care facility may be entitled in	10893
connection with the provision of emergency or other diagnosis,	10894
care, or treatment.	10895

(3) This section does not grant an immunity from tort or	10896
other civil liability to an individual or a nonprofit shelter or	10897
health care facility for actions that are outside the scope of	10898
authority of health care professionals or health care workers.	10899

(4) This section does not affect any legal responsibility of	10900
a health care professional or health care worker to comply with	10901
any applicable law of this state or rule of an agency of this	10902
state.	10903

(5) This section does not affect any legal responsibility of	10904
a nonprofit shelter or health care facility to comply with any	10905
applicable law of this state, rule of an agency of this state, or	10906
local code, ordinance, or regulation that pertains to or regulates	10907
building, housing, air pollution, water pollution, sanitation,	10908
health, fire, zoning, or safety.	10909

Sec. 2329.07. If neither execution on a judgment rendered in	10910
a court of record or certified to the clerk of the court of common	10911
pleas in the county in which the judgment was rendered is issued,	10912
nor a certificate of judgment for obtaining a lien upon lands and	10913
tenements is issued and filed, as provided in sections 2329.02 and	10914
2329.04 of the Revised Code, within five years from the date of	10915
the judgment or within five years from the date of the issuance of	10916
the last execution thereon or the issuance and filing of the last	10917
such certificate, whichever is later, then, unless the judgment is	10918
in favor of the state, the judgment shall be dormant and shall not	10919
operate as a lien upon the estate of the judgment debtor.	10920

If the judgment is in favor of the state, the judgment shall	10921
not become dormant and shall not cease to operate as a lien	10922
against the estate of the judgment debtor ~~unless neither such~~	10923
provided that either execution on the judgment is issued ~~nor such~~	10924
or a certificate of judgment is issued and filed, as provided in	10925
sections 2329.02 and 2329.04 of the Revised Code, within ten years	10926
from the date of the judgment ~~or within ten years from the date of~~	10927
~~the issuance of the last execution thereon or the issuance and~~	10928
~~filing of the last such certificate, whichever is later~~.	10929

If, in any county other than that in which a judgment was	10930
rendered, the judgment has become a lien by reason of the filing,	10931
in the office of the clerk of the court of common pleas of that	10932
county, of a certificate of the judgment as provided in sections	10933
2329.02 and 2329.04 of the Revised Code, and if no execution is	10934
issued for the enforcement of the judgment within that county, or	10935
no further certificate of the judgment is filed in that county,	10936
within five years ~~or, if the judgment is in favor of the state,~~	10937
~~within ten years~~ from the date of issuance of the last execution	10938
for the enforcement of the judgment within that county or the date	10939
of filing of the last certificate in that county, whichever is the	10940
later, then the judgment shall cease to operate as a lien upon	10941
lands and tenements of the judgment debtor within that county,	10942
unless the judgment is in favor of the state, in which case the	10943
judgment shall not become dormant.	10944

~~This section applies to judgments in favor of the state.~~

10945

Sec. 2329.66. (A) Every person who is domiciled in this	10946
state may hold property exempt from execution, garnishment,	10947
attachment, or sale to satisfy a judgment or order, as follows:	10948

(1)(a) In the case of a judgment or order regarding money	10949
owed for health care services rendered or health care supplies	10950
provided to the person or a dependent of the person, one parcel or	10951
item of real or personal property that the person or a dependent	10952
of the person uses as a residence. Division (A)(1)(a) of this	10953
section does not preclude, affect, or invalidate the creation	10954
under this chapter of a judgment lien upon the exempted property	10955
but only delays the enforcement of the lien until the property is	10956
sold or otherwise transferred by the owner or in accordance with	10957
other applicable laws to a person or entity other than the	10958
surviving spouse or surviving minor children of the judgment	10959
debtor. Every person who is domiciled in this state may hold	10960
exempt from a judgment lien created pursuant to division (A)(1)(a)	10961
of this section the person's interest, not to exceed five thousand	10962
dollars, in the exempted property.	10963

(b) In the case of all other judgments and orders, the	10964
person's interest, not to exceed five thousand dollars, in one	10965
parcel or item of real or personal property that the person or a	10966
dependent of the person uses as a residence.	10967

(2) The person's interest, not to exceed one thousand	10968
dollars, in one motor vehicle;	10969

(3) The person's interest, not to exceed two hundred dollars	10970
in any particular item, in wearing apparel, beds, and bedding, and	10971
the person's interest, not to exceed three hundred dollars in each	10972
item, in one cooking unit and one refrigerator or other food	10973
preservation unit;	10974

(4)(a) The person's interest, not to exceed four hundred	10975
dollars, in cash on hand, money due and payable, money to become	10976
due within ninety days, tax refunds, and money on deposit with a	10977
bank, savings and loan association, credit union, public utility,	10978
landlord, or other person. Division (A)(4)(a) of this section	10979
applies only in bankruptcy proceedings. This exemption may include	10980
the portion of personal earnings that is not exempt under division	10981
(A)(13) of this section.	10982

(b) Subject to division (A)(4)(d) of this section, the	10983
person's interest, not to exceed two hundred dollars in any	10984
particular item, in household furnishings, household goods,	10985
appliances, books, animals, crops, musical instruments, firearms,	10986
and hunting and fishing equipment, that are held primarily for the	10987
personal, family, or household use of the person;	10988

(c) Subject to division (A)(4)(d) of this section, the	10989
person's interest in one or more items of jewelry, not to exceed	10990
four hundred dollars in one item of jewelry and not to exceed two	10991
hundred dollars in every other item of jewelry;	10992

(d) Divisions (A)(4)(b) and (c) of this section do not	10993
include items of personal property listed in division (A)(3) of	10994
this section.	10995

If the person does not claim an exemption under division	10996
(A)(1) of this section, the total exemption claimed under division	10997
(A)(4)(b) of this section shall be added to the total exemption	10998
claimed under division (A)(4)(c) of this section, and the total	10999
shall not exceed two thousand dollars. If the person claims an	11000
exemption under division (A)(1) of this section, the total	11001
exemption claimed under division (A)(4)(b) of this section shall	11002
be added to the total exemption claimed under division (A)(4)(c)	11003
of this section, and the total shall not exceed one thousand five	11004
hundred dollars.	11005

(5) The person's interest, not to exceed an aggregate of	11006
seven hundred fifty dollars, in all implements, professional	11007
books, or tools of the person's profession, trade, or business,	11008
including agriculture;	11009

(6)(a) The person's interest in a beneficiary fund set apart,	11010
appropriated, or paid by a benevolent association or society, as	11011
exempted by section 2329.63 of the Revised Code;	11012

(b) The person's interest in contracts of life or endowment	11013
insurance or annuities, as exempted by section 3911.10 of the	11014
Revised Code;	11015

(c) The person's interest in a policy of group insurance or	11016
the proceeds of a policy of group insurance, as exempted by	11017
section 3917.05 of the Revised Code;	11018

(d) The person's interest in money, benefits, charity,	11019
relief, or aid to be paid, provided, or rendered by a fraternal	11020
benefit society, as exempted by section 3921.18 of the Revised	11021
Code;	11022

(e) The person's interest in the portion of benefits under	11023
policies of sickness and accident insurance and in lump sum	11024
payments for dismemberment and other losses insured under those	11025
policies, as exempted by section 3923.19 of the Revised Code.	11026

(7) The person's professionally prescribed or medically	11027
necessary health aids;	11028

(8) The person's interest in a burial lot, including, but not	11029
limited to, exemptions under section 517.09 or 1721.07 of the	11030
Revised Code;	11031

(9) The person's interest in the following:

11032

(a) Moneys paid or payable for living maintenance or rights,	11033
as exempted by section 3304.19 of the Revised Code;	11034

(b) Workers' compensation, as exempted by section 4123.67 of	11035
the Revised Code;	11036

(c) Unemployment compensation benefits, as exempted by	11037
section 4141.32 of the Revised Code;	11038

(d) Cash assistance payments under the Ohio works first	11039
program, as exempted by section 5107.75 of the Revised Code;	11040

(e) Benefits and services under the prevention, retention,	11041
and contingency program, as exempted by section 5108.08 of the	11042
Revised Code;	11043

(f) Disability financial assistance payments, as exempted by	11044
section ~~5115.07~~5115.06 of the Revised Code.	11045

(10)(a) Except in cases in which the person was convicted of	11046
or pleaded guilty to a violation of section 2921.41 of the Revised	11047
Code and in which an order for the withholding of restitution from	11048
payments was issued under division (C)(2)(b) of that section or in	11049
cases in which an order for withholding was issued under section	11050
2907.15 of the Revised Code, and only to the extent provided in	11051
the order, and except as provided in sections 3105.171, 3105.63,	11052
3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the Revised	11053
Code, the person's right to a pension, benefit, annuity,	11054
retirement allowance, or accumulated contributions, the person's	11055
right to a participant account in any deferred compensation	11056
program offered by the Ohio public employees deferred compensation	11057
board, a government unit, or a municipal corporation, or the	11058
person's other accrued or accruing rights, as exempted by section	11059
145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or 5505.22 of	11060
the Revised Code, and the person's right to benefits from the Ohio	11061
public safety officers death benefit fund;	11062

(b) Except as provided in sections 3119.80, 3119.81, 3121.02,	11063
3121.03, and 3123.06 of the Revised Code, the person's right to	11064
receive a payment under any pension, annuity, or similar plan or	11065
contract, not including a payment from a stock bonus or	11066
profit-sharing plan or a payment included in division (A)(6)(b) or	11067
(10)(a) of this section, on account of illness, disability, death,	11068
age, or length of service, to the extent reasonably necessary for	11069
the support of the person and any of the person's dependents,	11070
except if all the following apply:	11071

(i) The plan or contract was established by or under the	11072
auspices of an insider that employed the person at the time the	11073
person's rights under the plan or contract arose.	11074

(ii) The payment is on account of age or length of service.

11075

(iii) The plan or contract is not qualified under the	11076
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	11077
amended.	11078

(c) Except for any portion of the assets that were deposited	11079
for the purpose of evading the payment of any debt and except as	11080
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	11081
3123.06 of the Revised Code, the person's right in the assets held	11082
in, or to receive any payment under, any individual retirement	11083
account, individual retirement annuity, "Roth IRA," or education	11084
individual retirement account that provides benefits by reason of	11085
illness, disability, death, or age, to the extent that the assets,	11086
payments, or benefits described in division (A)(10)(c) of this	11087
section are attributable to any of the following:	11088

(i) Contributions of the person that were less than or equal	11089
to the applicable limits on deductible contributions to an	11090
individual retirement account or individual retirement annuity in	11091
the year that the contributions were made, whether or not the	11092
person was eligible to deduct the contributions on the person's	11093
federal tax return for the year in which the contributions were	11094
made;	11095

(ii) Contributions of the person that were less than or equal	11096
to the applicable limits on contributions to a Roth IRA or	11097
education individual retirement account in the year that the	11098
contributions were made;	11099

(iii) Contributions of the person that are within the	11100
applicable limits on rollover contributions under subsections 219,	11101
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),	11102
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"	11103
100 Stat. 2085, 26 U.S.C.A. 1, as amended.	11104

(d) Except for any portion of the assets that were deposited	11105
for the purpose of evading the payment of any debt and except as	11106
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	11107
3123.06 of the Revised Code, the person's right in the assets held	11108
in, or to receive any payment under, any Keogh or "H.R. 10" plan	11109
that provides benefits by reason of illness, disability, death, or	11110
age, to the extent reasonably necessary for the support of the	11111
person and any of the person's dependents.	11112

(11) The person's right to receive spousal support, child	11113
support, an allowance, or other maintenance to the extent	11114
reasonably necessary for the support of the person and any of the	11115
person's dependents;	11116

(12) The person's right to receive, or moneys received during	11117
the preceding twelve calendar months from, any of the following:	11118

(a) An award of reparations under sections 2743.51 to 2743.72	11119
of the Revised Code, to the extent exempted by division (D) of	11120
section 2743.66 of the Revised Code;	11121

(b) A payment on account of the wrongful death of an	11122
individual of whom the person was a dependent on the date of the	11123
individual's death, to the extent reasonably necessary for the	11124
support of the person and any of the person's dependents;	11125

(c) Except in cases in which the person who receives the	11126
payment is an inmate, as defined in section 2969.21 of the Revised	11127
Code, and in which the payment resulted from a civil action or	11128
appeal against a government entity or employee, as defined in	11129
section 2969.21 of the Revised Code, a payment, not to exceed five	11130
thousand dollars, on account of personal bodily injury, not	11131
including pain and suffering or compensation for actual pecuniary	11132
loss, of the person or an individual for whom the person is a	11133
dependent;	11134

(d) A payment in compensation for loss of future earnings of	11135
the person or an individual of whom the person is or was a	11136
dependent, to the extent reasonably necessary for the support of	11137
the debtor and any of the debtor's dependents.	11138

(13) Except as provided in sections 3119.80, 3119.81,	11139
3121.02, 3121.03, and 3123.06 of the Revised Code, personal	11140
earnings of the person owed to the person for services in an	11141
amount equal to the greater of the following amounts:	11142

(a) If paid weekly, thirty times the current federal minimum	11143
hourly wage; if paid biweekly, sixty times the current federal	11144
minimum hourly wage; if paid semimonthly, sixty-five times the	11145
current federal minimum hourly wage; or if paid monthly, one	11146
hundred thirty times the current federal minimum hourly wage that	11147
is in effect at the time the earnings are payable, as prescribed	11148
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	11149
U.S.C. 206(a)(1), as amended;	11150

(b) Seventy-five per cent of the disposable earnings owed to	11151
the person.	11152

(14) The person's right in specific partnership property, as	11153
exempted by division (B)(3) of section 1775.24 of the Revised	11154
Code;	11155

(15) A seal and official register of a notary public, as	11156
exempted by section 147.04 of the Revised Code;	11157

(16) The person's interest in a tuition credit or a payment	11158
under section 3334.09 of the Revised Code pursuant to a tuition	11159
credit contract, as exempted by section 3334.15 of the Revised	11160
Code;	11161

(17) Any other property that is specifically exempted from	11162
execution, attachment, garnishment, or sale by federal statutes	11163
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11	11164
U.S.C.A. 101, as amended;	11165

(18) The person's interest, not to exceed four hundred	11166
dollars, in any property, except that division (A)(18) of this	11167
section applies only in bankruptcy proceedings.	11168

(B) As used in this section:

11169

(1) "Disposable earnings" means net earnings after the	11170
garnishee has made deductions required by law, excluding the	11171
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,	11172
3121.03, or 3123.06 of the Revised Code.	11173

(2) "Insider" means:

11174

(a) If the person who claims an exemption is an individual, a	11175
relative of the individual, a relative of a general partner of the	11176
individual, a partnership in which the individual is a general	11177
partner, a general partner of the individual, or a corporation of	11178
which the individual is a director, officer, or in control;	11179

(b) If the person who claims an exemption is a corporation, a	11180
director or officer of the corporation; a person in control of the	11181
corporation; a partnership in which the corporation is a general	11182
partner; a general partner of the corporation; or a relative of a	11183
general partner, director, officer, or person in control of the	11184
corporation;	11185

(c) If the person who claims an exemption is a partnership, a	11186
general partner in the partnership; a general partner of the	11187
partnership; a person in control of the partnership; a partnership	11188
in which the partnership is a general partner; or a relative in, a	11189
general partner of, or a person in control of the partnership;	11190

(d) An entity or person to which or whom any of the following	11191
applies:	11192

(i) The entity directly or indirectly owns, controls, or	11193
holds with power to vote, twenty per cent or more of the	11194
outstanding voting securities of the person who claims an	11195
exemption, unless the entity holds the securities in a fiduciary	11196
or agency capacity without sole discretionary power to vote the	11197
securities or holds the securities solely to secure to debt and	11198
the entity has not in fact exercised the power to vote.	11199

(ii) The entity is a corporation, twenty per cent or more of	11200
whose outstanding voting securities are directly or indirectly	11201
owned, controlled, or held with power to vote, by the person who	11202
claims an exemption or by an entity to which division (B)(2)(d)(i)	11203
of this section applies.	11204

(iii) A person whose business is operated under a lease or	11205
operating agreement by the person who claims an exemption, or a	11206
person substantially all of whose business is operated under an	11207
operating agreement with the person who claims an exemption.	11208

(iv) The entity operates the business or all or substantially	11209
all of the property of the person who claims an exemption under a	11210
lease or operating agreement.	11211

(e) An insider, as otherwise defined in this section, of a	11212
person or entity to which division (B)(2)(d)(i), (ii), (iii), or	11213
(iv) of this section applies, as if the person or entity were a	11214
person who claims an exemption;	11215

(f) A managing agent of the person who claims an exemption.

11216

(3) "Participant account" has the same meaning as in section	11217
148.01 of the Revised Code.	11218

(4) "Government unit" has the same meaning as in section	11219
148.06 of the Revised Code.	11220

(C) For purposes of this section, "interest" shall be	11221
determined as follows:	11222

(1) In bankruptcy proceedings, as of the date a petition is	11223
filed with the bankruptcy court commencing a case under Title 11	11224
of the United States Code;	11225

(2) In all cases other than bankruptcy proceedings, as of the	11226
date of an appraisal, if necessary under section 2329.68 of the	11227
Revised Code, or the issuance of a writ of execution.	11228

An interest, as determined under division (C)(1) or (2) of	11229
this section, shall not include the amount of any lien otherwise	11230
valid pursuant to section 2329.661 of the Revised Code.	11231

Sec. 2505.13. If a supersedeas bond has been executed and	11232
filed and the surety is one other than a surety company, the clerk	11233
of the court with which the bond has been filed, upon request,	11234
shall issue a certificate that sets forth the fact that the bond	11235
has been filed and that states the style and number of the appeal,	11236
the amount of the bond, and the sureties on it. Such a certificate	11237
may be filed in the office of the county recorder of any county in	11238
which the sureties may own land, and, when filed, the bond shall	11239
be a lien upon the land of the sureties in such county. The lien	11240
shall be extinguished upon the satisfaction, reversal, or vacation	11241
of the final order, judgment, or decree involved, or by an order	11242
of the court that entered the final order, judgment, or decree,	11243
that releases the lien or releases certain land from the operation	11244
of the lien.	11245

The clerk, upon request, shall issue a notice of discharge of	11246
such a lien, which may be filed in the office of any recorder in	11247
whose office the certificate of lien was filed. Such notice shall	11248
state that the final order, judgment, or decree involved is	11249
satisfied, reversed, or vacated, or that an order has been entered	11250
that releases the lien or certain land from the operation of the	11251
lien. Such recorder shall properly keep and file such certificates	11252
and notices as are filed with ~~him~~the recorder and shall index	11253
them in the book or record provided for in section 2937.27 of the	11254
Revised Code.	11255

The fee for issuing such a certificate or notice shall be as	11256
provided by law, and shall be taxed as part of the costs of the	11257
appeal. A county recorder shall receive a base fee of fifty cents	11258
for filing and indexing such a certificate, which fee shall cover	11259
the filing and the entering on the index of ~~such a~~the notice and	11260
a housing trust fund fee of fifty cents pursuant to section 317.36	11261
of the Revised Code.	11262

Sec. 2715.041. (A) Upon the filing of a motion for an order	11263
of attachment pursuant to section 2715.03 of the Revised Code, the	11264
plaintiff shall file with the clerk of the court a praecipe	11265
instructing the clerk to issue to the defendant against whom the	11266
motion was filed a notice of the proceeding. Upon receipt of the	11267
praecipe, the clerk shall issue the notice which shall be in	11268
substantially the following form:	11269

	"(Name and Address of Court)		11270
	Case No...................		11271

(Case Caption)

11272

NOTICE

11273

You are hereby notified that (name and address of plaintiff),	11274
the plaintiff in this proceeding, has applied to this court for	11275
the attachment of property in your possession. The basis for this	11276
application is indicated in the documents that are enclosed with	11277
this notice.	11278

The law of Ohio and the United States provides that certain	11279
benefit payments cannot be taken from you to pay a debt. Typical	11280
among the benefits that cannot be attached or executed on by a	11281
creditor are:	11282

(1) Workers' compensation benefits;

11283

(2) Unemployment compensation payments;

11284

(3) Cash assistance payments under the Ohio works first	11285
program;	11286

(4) Benefits and services under the prevention, retention,	11287
and contingency program;	11288

(5) Disability financial assistance administered by the Ohio	11289
department of job and family services;	11290

(6) Social security benefits;

11291

(7) Supplemental security income (S.S.I.);

11292

(8) Veteran's benefits;

11293

(9) Black lung benefits;

11294

(10) Certain pensions.

11295

Additionally, your wages never can be taken to pay a debt	11296
until a judgment has been obtained against you. There may be other	11297
benefits not included in this list that apply in your case.	11298

If you dispute the plaintiff's claim and believe that you are	11299
entitled to retain possession of the property because it is exempt	11300
or for any other reason, you may request a hearing before this	11301
court by disputing the claim in the request for hearing form	11302
appearing below, or in a substantially similar form, and	11303
delivering the request for the hearing to this court, at the	11304
office of the clerk of this court, not later than the end of the	11305
fifth business day after you receive this notice. You may state	11306
your reasons for disputing the claim in the space provided on the	11307
form, but you are not required to do so. If you do state your	11308
reasons for disputing the claim in the space provided on the form,	11309
you are not prohibited from stating any other reasons at the	11310
hearing, and if you do not state your reasons, it will not be held	11311
against you by the court and you can state your reasons at the	11312
hearing.	11313

If you request a hearing, it will be conducted in	11314
................... courtroom ........, (address of court), at	11315
.............m. on ............., .....	11316

You may avoid having a hearing but retain possession of the	11317
property until the entry of final judgment in the action by filing	11318
with the court, at the office of the clerk of this court, not	11319
later than the end of the fifth business day after you receive	11320
this notice, a bond executed by an acceptable surety in the amount	11321
of $............	11322

If you do not request a hearing or file a bond on or before	11323
the end of the fifth business day after you receive this notice,	11324
the court, without further notice to you, may order a law	11325
enforcement officer or bailiff to take possession of the property.	11326
Notice of the dates, times, places, and purposes of any subsequent	11327
hearings and of the date, time, and place of the trial of the	11328
action will be sent to you.	11329

	..................................		11330
	Clerk of Court		11331
	Date:........................"		11332

(B) Along with the notice required by division (A) of this	11333
section, the clerk of the court also shall deliver to the	11334
defendant, in accordance with division (C) of this section, a	11335
request for hearing form together with a postage-paid,	11336
self-addressed envelope or a request for hearing form on a	11337
postage-paid, self-addressed postcard. The request for hearing	11338
shall be in substantially the following form:	11339

"(Name and Address of Court)

11340

Case Number ....................

Date .......................

11341

REQUEST FOR HEARING

11342

I dispute the claim for the attachment of property in the	11343
above case and request that a hearing in this matter be held at	11344
the time and place set forth in the notice that I previously	11345
received.	11346

I dispute the claim for the following reasons:

11347

................................................................

11348

(Optional)

11349

................................................................

11350

................................................................

11351

	.............................		11352
	(Name of Defendant)		11353
	............................		11354
	(Signature)		11355
	............................		11356
	(Date)		11357

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	11358
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	11359
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	11360
YOU WAIVE YOUR RIGHT TO A HEARING AT THIS TIME AND YOU MAY BE	11361
REQUIRED TO GIVE UP THE PROPERTY SOUGHT WITHOUT A HEARING."	11362

(C) The notice required by division (A) of this section shall	11363
be served on the defendant in duplicate not less than seven	11364
business days prior to the date on which the hearing is scheduled,	11365
together with a copy of the complaint and summons, if not	11366
previously served, and a copy of the motion for the attachment of	11367
property and the affidavit attached to the motion, in the same	11368
manner as provided in the Rules of Civil Procedure for the service	11369
of process. Service may be effected by publication as provided in	11370
the Rules of Civil Procedure except that the number of weeks for	11371
publication may be reduced by the court to the extent appropriate.	11372

Sec. 2715.045. (A) Upon the filing of a motion for	11373
attachment, a court may issue an order of attachment without	11374
issuing notice to the defendant against whom the motion was filed	11375
and without conducting a hearing if the court finds that there is	11376
probable cause to support the motion and that the plaintiff that	11377
filed the motion for attachment will suffer irreparable injury if	11378
the order is delayed until the defendant against whom the motion	11379
has been filed has been given the opportunity for a hearing. The	11380
court's findings shall be based upon the motion and affidavit	11381
filed pursuant to section 2715.03 of the Revised Code and any	11382
other relevant evidence that it may wish to consider.	11383

(B) A finding by the court that the plaintiff will suffer	11384
irreparable injury may be made only if the court finds the	11385
existence of either of the following circumstances:	11386

(1) There is present danger that the property will be	11387
immediately disposed of, concealed, or placed beyond the	11388
jurisdiction of the court.	11389

(2) The value of the property will be impaired substantially	11390
if the issuance of an order of attachment is delayed.	11391

(C)(1) Upon the issuance by a court of an order of attachment	11392
without notice and hearing pursuant to this section, the plaintiff	11393
shall file the order with the clerk of the court, together with a	11394
praecipe instructing the clerk to issue to the defendant against	11395
whom the order was issued a copy of the motion, affidavit, and	11396
order of attachment, and a notice that an order of attachment was	11397
issued and that the defendant has a right to a hearing on the	11398
matter. The clerk then immediately shall serve upon the defendant,	11399
in the manner provided by the Rules of Civil Procedure for service	11400
of process, a copy of the complaint and summons, if not previously	11401
served, a copy of the motion, affidavit, and order of attachment,	11402
and the following notice:	11403

"(Name and Address of the Court)

11404

(Case Caption)

Case No. ........................

11405

NOTICE

11406

You are hereby notified that this court has issued an order	11407
in the above case in favor of (name and address of plaintiff), the	11408
plaintiff in this proceeding, directing that property now in your	11409
possession, be taken from you. This order was issued on the basis	11410
of the plaintiff's claim against you as indicated in the documents	11411
that are enclosed with this notice.	11412

The law of Ohio and the United States provides that certain	11413
benefit payments cannot be taken from you to pay a debt. Typical	11414
among the benefits that cannot be attached or executed on by a	11415
creditor are:	11416

(1) Workers' compensation benefits;

11417

(2) Unemployment compensation payments;

11418

(3) Cash assistance payments under the Ohio works first	11419
program;	11420

(4) Benefits and services under the prevention, retention,	11421
and contingency program;	11422

(5) Disability financial assistance administered by the Ohio	11423
department of job and family services;	11424

(6) Social security benefits;

11425

(7) Supplemental security income (S.S.I.);

11426

(8) Veteran's benefits;

11427

(9) Black lung benefits;

11428

(10) Certain pensions.

11429

Additionally, your wages never can be taken to pay a debt	11430
until a judgment has been obtained against you. There may be other	11431
benefits not included in this list that apply in your case.	11432

If you dispute the plaintiff's claim and believe that you are	11433
entitled to possession of the property because it is exempt or for	11434
any other reason, you may request a hearing before this court by	11435
disputing the claim in the request for hearing form, appearing	11436
below, or in a substantially similar form, and delivering the	11437
request for hearing to this court at the above address, at the	11438
office of the clerk of this court, no later than the end of the	11439
fifth business day after you receive this notice. You may state	11440
your reasons for disputing the claim in the space provided on the	11441
form; however, you are not required to do so. If you do state your	11442
reasons for disputing the claim, you are not prohibited from	11443
stating any other reasons at the hearing, and if you do not state	11444
your reasons, it will not be held against you by the court and you	11445
can state your reasons at the hearing. If you request a hearing,	11446
it will be held within three business days after delivery of your	11447
request for hearing and notice of the date, time, and place of the	11448
hearing will be sent to you.	11449

You may avoid a hearing but recover and retain possession of	11450
the property until the entry of final judgment in the action by	11451
filing with the court, at the office of the clerk of this court,	11452
not later than the end of the fifth business day after you receive	11453
this notice, a bond executed by an acceptable surety in the amount	11454
of $.........	11455

If you do not request a hearing or file a bond before the end	11456
of the fifth business day after you receive this notice,	11457
possession of the property will be withheld from you during the	11458
pendency of the action. Notice of the dates, times, places, and	11459
purposes of any subsequent hearings and of the date, time, and	11460
place of the trial of the action will be sent to you.	11461

	..............................		11462
	Clerk of the Court		11463
	..............................		11464
	Date"		11465

(2) Along with the notice required by division (C)(1) of this	11466
section, the clerk of the court also shall deliver to the	11467
defendant a request for hearing form together with a postage-paid,	11468
self-addressed envelope or a request for hearing form on a	11469
postage-paid, self-addressed postcard. The request for hearing	11470
shall be in substantially the following form:	11471

"(Name and Address of Court)

11472

Case Number .....................

Date ........................

11473

REQUEST FOR HEARING

11474

I dispute the claim for possession of property in the above	11475
case and request that a hearing in this matter be held within	11476
three business days after delivery of this request to the court.	11477

I dispute the claim for the following reasons:

11478

..................................................................

11479

(Optional)

11480

..................................................................

11481

..................................................................

11482

	..............................		11483
	(Name of Defendant)		11484
	..............................		11485
	(Signature)		11486
	..............................		11487
	(Date)		11488

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	11489
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	11490
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	11491
YOU WAIVE YOUR RIGHT TO A HEARING AND POSSESSION OF THE PROPERTY	11492
WILL BE WITHHELD FROM YOU DURING THE PENDENCY OF THE ACTION."	11493

(D) The defendant may receive a hearing in accordance with	11494
section 2715.043 of the Revised Code by delivering a written	11495
request for hearing to the court within five business days after	11496
receipt of the notice provided pursuant to division (C) of this	11497
section. The request may set forth the defendant's reasons for	11498
disputing the plaintiff's claim for possession of property.	11499
However, neither the defendant's inclusion of nor failure to	11500
include such reasons upon the request constitutes a waiver of any	11501
defense of the defendant or affects the defendant's right to	11502
produce evidence at any hearing or at the trial of the action. If	11503
the request is made by the defendant, the court shall schedule a	11504
hearing within three business days after the request is made, send	11505
notice to the parties of the date, time, and place of the hearing,	11506
and hold the hearing accordingly.	11507

(E) If, after hearing, the court finds that there is not	11508
probable cause to support the motion, it shall order that the	11509
property be redelivered to the defendant without the condition of	11510
bond.	11511

Sec. 2716.13. (A) Upon the filing of a proceeding in	11512
garnishment of property, other than personal earnings, under	11513
section 2716.11 of the Revised Code, the court shall cause the	11514
matter to be set for hearing within twelve days after that filing.	11515

(B) Upon the scheduling of a hearing relative to a proceeding	11516
in garnishment of property, other than personal earnings, under	11517
division (A) of this section, the clerk of the court immediately	11518
shall issue to the garnishee three copies of the order of	11519
garnishment of property, other than personal earnings, and of a	11520
written notice that the garnishee answer as provided in section	11521
2716.21 of the Revised Code and the garnishee's fee required by	11522
section 2716.12 of the Revised Code. The copies of the order and	11523
of the notice shall be served upon the garnishee in the same	11524
manner as a summons is served. The copies of the order and of the	11525
notice shall not be served later than seven days prior to the date	11526
on which the hearing is scheduled. The order shall bind the	11527
property, other than personal earnings, of the judgment debtor in	11528
the possession of the garnishee at the time of service.	11529

The order of garnishment of property, other than personal	11530
earnings, and notice to answer shall be in substantially the	11531
following form:	11532

"ORDER AND NOTICE OF GARNISHMENT

11533

OF PROPERTY OTHER THAN PERSONAL EARNINGS

11534

AND ANSWER OF GARNISHEE

11535

	Docket No. ...................		11536
	Case No. .....................		11537
	In the ................. Court		11538
	........................, Ohio		11539

The State of Ohio

11540

County of ............, ss

11541

..................., Judgment Creditor

11542

vs.

11543

..................., Judgment Debtor

11544

SECTION A. COURT ORDER AND NOTICE OF GARNISHMENT

11545

To: ...................., Garnishee

11546

The judgment creditor in the above case has filed an	11547
affidavit, satisfactory to the undersigned, in this Court stating	11548
that you have money, property, or credits, other than personal	11549
earnings, in your hands or under your control that belong to the	11550
judgment debtor, and that some of the money, property, or credits	11551
may not be exempt from garnishment under the laws of the State of	11552
Ohio or the laws of the United States.	11553

You are therefore ordered to complete the "ANSWER OF	11554
GARNISHEE" in section (B) of this form. Return one completed and	11555
signed copy of this form to the clerk of this court together with	11556
the amount determined in accordance with the "ANSWER OF GARNISHEE"	11557
by the following date on which a hearing is tentatively scheduled	11558
relative to this order of garnishment: ............ Deliver one	11559
completed and signed copy of this form to the judgment debtor	11560
prior to that date. Keep the other completed and signed copy of	11561
this form for your files.	11562

The total probable amount now due on this judgment is	11563
$.......... The total probable amount now due includes the unpaid	11564
portion of the judgment in favor of the judgment creditor, which	11565
is $..........; interest on that judgment and, if applicable,	11566
prejudgment interest relative to that judgment at the rate of	11567
.....% per annum payable until that judgment is satisfied in full;	11568
and court costs in the amount of $...........	11569

You also are ordered to hold safely anything of value that	11570
belongs to the judgment debtor and that has to be paid to the	11571
court, as determined under the "ANSWER OF GARNISHEE" in section	11572
(B) of this form, but that is of such a nature that it cannot be	11573
so delivered, until further order of the court.	11574

Witness my hand and the seal of this court this ..........	11575
day of .........., ..........	11576

	.........................		11577
	Judge		11578

SECTION B. ANSWER OF GARNISHEE

11579

Now comes .................... the garnishee, who says:

11580

1. That the garnishee has money, property, or credits, other	11581
than personal earnings, of the judgment debtor under the	11582
garnishee's control and in the garnishee's possession.	11583

...............	...............	...................		11584
yes	no	if yes, amount		11585

2. That property is described as:

11586

3. If the answer to line 1 is "yes" and the amount is less	11587
than the probable amount now due on the judgment, as indicated in	11588
section (A) of this form, sign and return this form and pay the	11589
amount of line 1 to the clerk of this court.	11590

4. If the answer to line 1 is "yes" and the amount is greater	11591
than that probable amount now due on the judgment, as indicated in	11592
section (A) of this form, sign and return this form and pay that	11593
probable amount now due to the clerk of this court.	11594

5. If the answer to line 1 is "yes" but the money, property,	11595
or credits are of such a nature that they cannot be delivered to	11596
the clerk of the court, indicate that by placing an "X" in this	11597
space: ...... Do not dispose of that money, property, or credits	11598
or give them to anyone else until further order of the court.	11599

6. If the answer to line 1 is "no," sign and return this form	11600
to the clerk of this court.	11601

I certify that the statements above are true.

11602

	..............................		11603
	(Print Name of Garnishee)		11604
	..............................		11605
	(Print Name and Title of		11606
	Person Who Completed Form)		11607

Signed........................................................

11608

(Signature of Person Completing Form)

11609

Dated this .......... day of .........., ....."

11610

Section A of the form described in this division shall be	11611
completed before service. Section B of the form shall be completed	11612
by the garnishee, and the garnishee shall file one completed and	11613
signed copy of the form with the clerk of the court as the	11614
garnishee's answer. The garnishee may keep one completed and	11615
signed copy of the form and shall deliver the other completed and	11616
signed copy of the form to the judgment debtor.	11617

If several affidavits seeking orders of garnishment of	11618
property, other than personal earnings, are filed against the same	11619
judgment debtor in accordance with section 2716.11 of the Revised	11620
Code, the court involved shall issue the requested orders in the	11621
same order in which the clerk received the associated affidavits.	11622

(C)(1) At the time of the filing of a proceeding in	11623
garnishment of property, other than personal earnings, under	11624
section 2716.11 of the Revised Code, the judgment creditor also	11625
shall file with the clerk of the court a praecipe instructing the	11626
clerk to issue to the judgment debtor a notice to the judgment	11627
debtor form and a request for hearing form. Upon receipt of the	11628
praecipe and the scheduling of a hearing relative to an action in	11629
garnishment of property, other than personal earnings, under	11630
division (A) of this section, the clerk of the court immediately	11631
shall serve upon the judgment debtor, in accordance with division	11632
(D) of this section, two copies of the notice to the judgment	11633
debtor form and of the request for hearing form. The copies of the	11634
notice to the judgment debtor form and of the request for hearing	11635
form shall not be served later than seven days prior to the date	11636
on which the hearing is scheduled.	11637

(a) The notice to the judgment debtor that must be served	11638
upon the judgment debtor shall be in substantially the following	11639
form:	11640

"(Name and Address of the Court)

11641

(Case Caption) ......................... Case No. .............

11642

NOTICE TO THE JUDGMENT DEBTOR

11643

You are hereby notified that this court has issued an order	11644
in the above case in favor of (name and address of judgment	11645
creditor), the judgment creditor in this proceeding, directing	11646
that some of your money, property, or credits, other than personal	11647
earnings, now in the possession of (name and address of	11648
garnishee), the garnishee in this proceeding, be used to satisfy	11649
your debt to the judgment creditor. This order was issued on the	11650
basis of the judgment creditor's judgment against you that was	11651
obtained in (name of court) in (case number) on (date). Upon your	11652
receipt of this notice, you are prohibited from removing or	11653
attempting to remove the money, property, or credits until	11654
expressly permitted by the court. Any violation of this	11655
prohibition subjects you to punishment for contempt of court.	11656

The law of Ohio and the United States provides that certain	11657
benefit payments cannot be taken from you to pay a debt. Typical	11658
among the benefits that cannot be attached or executed upon by a	11659
creditor are the following:	11660

(1) Workers' compensation benefits;

11661

(2) Unemployment compensation payments;

11662

(3) Cash assistance payments under the Ohio works first	11663
program;	11664

(4) Benefits and services under the prevention, retention,	11665
and contingency program;	11666

(5) Disability financial assistance administered by the Ohio	11667
department of job and family services;	11668

(6) Social security benefits;

11669

(7) Supplemental security income (S.S.I.);

11670

(8) Veteran's benefits;

11671

(9) Black lung benefits;

11672

(10) Certain pensions.

11673

There may be other benefits not included in the above list	11674
that apply in your case.	11675

If you dispute the judgment creditor's right to garnish your	11676
property and believe that the judgment creditor should not be	11677
given your money, property, or credits, other than personal	11678
earnings, now in the possession of the garnishee because they are	11679
exempt or if you feel that this order is improper for any other	11680
reason, you may request a hearing before this court by disputing	11681
the claim in the request for hearing form, appearing below, or in	11682
a substantially similar form, and delivering the request for	11683
hearing to this court at the above address, at the office of the	11684
clerk of this court no later than the end of the fifth business	11685
day after you receive this notice. You may state your reasons for	11686
disputing the judgment creditor's right to garnish your property	11687
in the space provided on the form; however, you are not required	11688
to do so. If you do state your reasons for disputing the judgment	11689
creditor's right, you are not prohibited from stating any other	11690
reason at the hearing. If you do not state your reasons, it will	11691
not be held against you by the court, and you can state your	11692
reasons at the hearing. NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	11693
BE HEARD OR CONSIDERED AT THE HEARING. If you request a hearing,	11694
the hearing will be limited to a consideration of the amount of	11695
your money, property, or credits, other than personal earnings, in	11696
the possession or control of the garnishee, if any, that can be	11697
used to satisfy all or part of the judgment you owe to the	11698
judgment creditor.	11699

If you request a hearing by delivering your request for	11700
hearing no later than the end of the fifth business day after you	11701
receive this notice, it will be conducted in .......... courtroom	11702
.........., (address of court), at ..... m. on ..........,	11703
.......... You may request the court to conduct the hearing before	11704
this date by indicating your request in the space provided on the	11705
form; the court then will send you notice of any change in the	11706
date, time, or place of the hearing. If you do not request a	11707
hearing by delivering your request for a hearing no later than the	11708
end of the fifth business day after you receive this notice, some	11709
of your money, property, or credits, other than personal earnings,	11710
will be paid to the judgment creditor.	11711

If you have any questions concerning this matter, you may	11712
contact the office of the clerk of this court. If you want legal	11713
representation, you should contact your lawyer immediately. If you	11714
need the name of a lawyer, contact the local bar association.	11715

	..............................		11716
	Clerk of the Court		11717
	..............................		11718
	Date"		11719

(b) The request for hearing form that must be served upon the	11720
judgment debtor shall have attached to it a postage-paid,	11721
self-addressed envelope or shall be on a postage-paid	11722
self-addressed postcard, and shall be in substantially the	11723
following form:	11724

"(Name and Address of Court)

11725

Case Number ........................... Date ....................

11726

REQUEST FOR HEARING

11727

I dispute the judgment creditor's right to garnish my money,	11728
property, or credits, other than personal earnings, in the above	11729
case and request that a hearing in this matter be held	11730

..................................................................

11731

(Insert "on" or "earlier than")

11732

the date and time set forth in the document entitled "NOTICE TO	11733
THE JUDGMENT DEBTOR" that I received with this request form.	11734

I dispute the judgment creditor's right to garnish my	11735
property for the following reasons:	11736

..................................................................

11737

(Optional)

11738

..................................................................

11739

..................................................................

11740

I UNDERSTAND THAT NO OBJECTIONS TO THE JUDGMENT ITSELF WILL	11741
BE HEARD OR CONSIDERED AT THE HEARING.	11742

	..............................		11743
	(Name of Judgment Debtor)		11744
	..............................		11745
	(Signature)		11746
	..............................		11747
	(Date)		11748

WARNING: IF YOU DO NOT DELIVER THIS REQUEST FOR HEARING OR A	11749
REQUEST IN A SUBSTANTIALLY SIMILAR FORM TO THE OFFICE OF THE CLERK	11750
OF THIS COURT WITHIN FIVE (5) BUSINESS DAYS OF YOUR RECEIPT OF IT,	11751
YOU WAIVE YOUR RIGHT TO A HEARING AND SOME OF YOUR MONEY,	11752
PROPERTY, OR CREDITS, OTHER THAN PERSONAL EARNINGS, NOW IN THE	11753
POSSESSION OF (GARNISHEE'S NAME) WILL BE PAID TO (JUDGMENT	11754
CREDITOR'S NAME) TO SATISFY SOME OF YOUR DEBT TO (JUDGMENT	11755
CREDITOR'S NAME)."	11756

(2) The judgment debtor may receive a hearing in accordance	11757
with this division by delivering a written request for hearing to	11758
the court within five business days after receipt of the notice	11759
provided pursuant to division (C)(1) of this section. The request	11760
may set forth the judgment debtor's reasons for disputing the	11761
judgment creditor's right to garnish the money, property, or	11762
credits, other than personal earnings; however, neither the	11763
judgment debtor's inclusion of nor failure to include those	11764
reasons upon the request constitutes a waiver of any defense of	11765
the judgment debtor or affects the judgment debtor's right to	11766
produce evidence at the hearing. If the request is made by the	11767
judgment debtor within the prescribed time, the hearing shall be	11768
limited to a consideration of the amount of money, property, or	11769
credits, other than personal earnings, of the judgment debtor in	11770
the hands of the garnishee, if any, that can be used to satisfy	11771
all or part of the debt owed by the judgment debtor to the	11772
judgment creditor. If a request for a hearing is not received by	11773
the court within the prescribed time, the hearing scheduled	11774
pursuant to division (A) of this section shall be canceled unless	11775
the court grants the judgment debtor a continuance in accordance	11776
with division (C)(3) of this section.	11777

(3) If the judgment debtor does not request a hearing in the	11778
action within the prescribed time pursuant to division (C)(2) of	11779
this section, the court nevertheless may grant a continuance of	11780
the scheduled hearing if the judgment debtor, prior to the time at	11781
which the hearing was scheduled, as indicated on the notice to the	11782
judgment debtor required by division (C)(1) of this section,	11783
establishes a reasonable justification for failure to request the	11784
hearing within the prescribed time. If the court grants a	11785
continuance of the hearing, it shall cause the matter to be set	11786
for hearing as soon as practicable thereafter. The continued	11787
hearing shall be conducted in accordance with division (C)(2) of	11788
this section.	11789

(4) The court may conduct the hearing on the matter prior to	11790
the time at which the hearing was scheduled, as indicated on the	11791
notice to the judgment debtor required by division (C)(1) of this	11792
section, upon the request of the judgment debtor. The parties	11793
shall be sent notice, by the clerk of the court, by regular mail,	11794
of any change in the date, time, or place of the hearing.	11795

(5) If the scheduled hearing is canceled and no continuance	11796
is granted, the court shall issue an order to the garnishee to pay	11797
all or some of the money, property, or credits, other than	11798
personal earnings, of the judgment debtor in the possession of the	11799
garnishee at the time of service of the notice and order into	11800
court if they have not already been paid to the court. This order	11801
shall be based on the answer of the garnishee filed pursuant to	11802
this section. If the scheduled hearing is conducted or if it is	11803
continued and conducted, the court shall determine at the hearing	11804
the amount of the money, property, or credits, other than personal	11805
earnings, of the judgment debtor in the possession of the	11806
garnishee at the time of service of the notice and order, if any,	11807
that can be used to satisfy all or part of the debt owed by the	11808
judgment debtor to the judgment creditor, and issue an order,	11809
accordingly, to the garnishee to pay that amount into court if it	11810
has not already been paid to the court.	11811

(D) The notice to the judgment debtor form and the request	11812
for hearing form described in division (C) of this section shall	11813
be sent by the clerk by ordinary or regular mail service unless	11814
the judgment creditor requests that service be made in accordance	11815
with the Rules of Civil Procedure, in which case the forms shall	11816
be served in accordance with the Rules of Civil Procedure. Any	11817
court of common pleas that issues an order of garnishment of	11818
property, other than personal earnings, under this section has	11819
jurisdiction to serve process pursuant to this section upon a	11820
garnishee who does not reside within the jurisdiction of the	11821
court. Any county court or municipal court that issues an order of	11822
garnishment of property, other than personal earnings, under this	11823
section has jurisdiction to serve process pursuant to this section	11824
upon a garnishee who does not reside within the jurisdiction of	11825
the court.	11826

Sec. 2743.02. (A)(1) The state hereby waives its immunity	11827
from liability, except as provided for the office of the state	11828
fire marshal in division (G)(1) of section 9.60 and division (B)	11829
of section 3737.221 of the Revised Code and subject to division	11830
(H) of this section, and consents to be sued, and have its	11831
liability determined, in the court of claims created in this	11832
chapter in accordance with the same rules of law applicable to	11833
suits between private parties, except that the determination of	11834
liability is subject to the limitations set forth in this chapter	11835
and, in the case of state universities or colleges, in section	11836
3345.40 of the Revised Code, and except as provided in division	11837
(A)(2) of this section. To the extent that the state has	11838
previously consented to be sued, this chapter has no	11839
applicability.	11840

Except in the case of a civil action filed by the state,	11841
filing a civil action in the court of claims results in a complete	11842
waiver of any cause of action, based on the same act or omission,	11843
which the filing party has against any officer or employee, as	11844
defined in section 109.36 of the Revised Code. The waiver shall be	11845
void if the court determines that the act or omission was	11846
manifestly outside the scope of the officer's or employee's office	11847
or employment or that the officer or employee acted with malicious	11848
purpose, in bad faith, or in a wanton or reckless manner.	11849

(2) If a claimant proves in the court of claims that an	11850
officer or employee, as defined in section 109.36 of the Revised	11851
Code, would have personal liability for the officer's or	11852
employee's acts or omissions but for the fact that the officer or	11853
employee has personal immunity under section 9.86 of the Revised	11854
Code, the state shall be held liable in the court of claims in any	11855
action that is timely filed pursuant to section 2743.16 of the	11856
Revised Code and that is based upon the acts or omissions.	11857

(B) The state hereby waives the immunity from liability of	11858
all hospitals owned or operated by one or more political	11859
subdivisions and consents for them to be sued, and to have their	11860
liability determined, in the court of common pleas, in accordance	11861
with the same rules of law applicable to suits between private	11862
parties, subject to the limitations set forth in this chapter.	11863
This division is also applicable to hospitals owned or operated by	11864
political subdivisions which have been determined by the supreme	11865
court to be subject to suit prior to July 28, 1975.	11866

(C) Any hospital, as defined in section 2305.113 of the	11867
Revised Code, may purchase liability insurance covering its	11868
operations and activities and its agents, employees, nurses,	11869
interns, residents, staff, and members of the governing board and	11870
committees, and, whether or not such insurance is purchased, may,	11871
to such extent as its governing board considers appropriate,	11872
indemnify or agree to indemnify and hold harmless any such person	11873
against expense, including attorney's fees, damage, loss, or other	11874
liability arising out of, or claimed to have arisen out of, the	11875
death, disease, or injury of any person as a result of the	11876
negligence, malpractice, or other action or inaction of the	11877
indemnified person while acting within the scope of the	11878
indemnified person's duties or engaged in activities at the	11879
request or direction, or for the benefit, of the hospital. Any	11880
hospital electing to indemnify such persons, or to agree to so	11881
indemnify, shall reserve such funds as are necessary, in the	11882
exercise of sound and prudent actuarial judgment, to cover the	11883
potential expense, fees, damage, loss, or other liability. The	11884
superintendent of insurance may recommend, or, if such hospital	11885
requests the superintendent to do so, the superintendent shall	11886
recommend, a specific amount for any period that, in the	11887
superintendent's opinion, represents such a judgment. This	11888
authority is in addition to any authorization otherwise provided	11889
or permitted by law.	11890

(D) Recoveries against the state shall be reduced by the	11891
aggregate of insurance proceeds, disability award, or other	11892
collateral recovery received by the claimant. This division does	11893
not apply to civil actions in the court of claims against a state	11894
university or college under the circumstances described in section	11895
3345.40 of the Revised Code. The collateral benefits provisions of	11896
division (B)(2) of that section apply under those circumstances.	11897

(E) The only defendant in original actions in the court of	11898
claims is the state. The state may file a third-party complaint or	11899
counterclaim in any civil action, except a civil action for two	11900
thousand five hundred dollars or less, that is filed in the court	11901
of claims.	11902

(F) A civil action against an officer or employee, as defined	11903
in section 109.36 of the Revised Code, that alleges that the	11904
officer's or employee's conduct was manifestly outside the scope	11905
of the officer's or employee's employment or official	11906
responsibilities, or that the officer or employee acted with	11907
malicious purpose, in bad faith, or in a wanton or reckless manner	11908
shall first be filed against the state in the court of claims,	11909
which has exclusive, original jurisdiction to determine,	11910
initially, whether the officer or employee is entitled to personal	11911
immunity under section 9.86 of the Revised Code and whether the	11912
courts of common pleas have jurisdiction over the civil action.	11913

The filing of a claim against an officer or employee under	11914
this division tolls the running of the applicable statute of	11915
limitations until the court of claims determines whether the	11916
officer or employee is entitled to personal immunity under section	11917
9.86 of the Revised Code.	11918

(G) Whenever a claim lies against an officer or employee who	11919
is a member of the Ohio national guard, and the officer or	11920
employee was, at the time of the act or omission complained of,	11921
subject to the "Federal Tort Claims Act," 60 Stat. 842 (1946), 28	11922
U.S.C. 2671, et seq., then the Federal Tort Claims Act is the	11923
exclusive remedy of the claimant and the state has no liability	11924
under this section.	11925

(H) If an inmate of a state correctional institution has a	11926
claim against the state for the loss of or damage to property and	11927
the amount claimed does not exceed three hundred dollars, before	11928
commencing an action against the state in the court of claims, the	11929
inmate shall file a claim for the loss or damage under the rules	11930
adopted by the director of rehabilitation and correction pursuant	11931
to this division. The inmate shall file the claim within the time	11932
allowed for commencement of a civil action under section 2743.16	11933
of the Revised Code. If the state admits or compromises the claim,	11934
the director shall make payment from a fund designated by the	11935
director for that purpose. If the state denies the claim or does	11936
not compromise the claim at least sixty days prior to expiration	11937
of the time allowed for commencement of a civil action based upon	11938
the loss or damage under section 2743.16 of the Revised Code, the	11939
inmate may commence an action in the court of claims under this	11940
chapter to recover damages for the loss or damage.	11941

The director of rehabilitation and correction shall adopt	11942
rules pursuant to Chapter 119. of the Revised Code to implement	11943
this division.	11944

Sec. 2901.07. (A) As used in this section:

11945

(1) "DNA analysis" and "DNA specimen" have the same meanings	11946
as in section 109.573 of the Revised Code.	11947

(2) "Jail" and "community-based correctional facility" have	11948
the same meanings as in section 2929.01 of the Revised Code.	11949

(3) "Post-release control" has the same meaning as in section	11950
2967.01 of the Revised Code.	11951

(B)(1) A person who is convicted of or pleads guilty to a	11952
felony offense listed in division (D) of this section and who is	11953
sentenced to a prison term or to a community residential sanction	11954
in a jail or community-based correctional facility pursuant to	11955
section 2929.16 of the Revised Code, and a person who is convicted	11956
of or pleads guilty to a misdemeanor offense listed in division	11957
(D) of this section and who is sentenced to a term of imprisonment	11958
shall submit to a DNA specimen collection procedure administered	11959
by the director of rehabilitation and correction or the chief	11960
administrative officer of the jail or other detention facility in	11961
which the person is serving the term of imprisonment. If the	11962
person serves the prison term in a state correctional institution,	11963
the director of rehabilitation and correction shall cause the DNA	11964
specimen to be collected from the person during the intake process	11965
at the reception facility designated by the director. If the	11966
person serves the community residential sanction or term of	11967
imprisonment in a jail, a community-based correctional facility,	11968
or another county, multicounty, municipal, municipal-county, or	11969
multicounty-municipal detention facility, the chief administrative	11970
officer of the jail, community-based correctional facility, or	11971
detention facility shall cause the DNA specimen to be collected	11972
from the person during the intake process at the jail,	11973
community-based correctional facility, or detention facility. In	11974
accordance with division (C) of this section, the director or the	11975
chief administrative officer shall cause the DNA specimen to be	11976
forwarded to the bureau of criminal identification and	11977
investigation no later than fifteen days after the date of the	11978
collection of the DNA specimen. The DNA specimen shall be	11979
collected in accordance with division (C) of this section.	11980

(2) If a person is convicted of or pleads guilty to an	11981
offense listed in division (D) of this section, is serving a	11982
prison term, community residential sanction, or term of	11983
imprisonment for that offense, and does not provide a DNA specimen	11984
pursuant to division (B)(1) of this section, prior to the person's	11985
release from the prison term, community residential sanction, or	11986
imprisonment, the person shall submit to, and the director of	11987
rehabilitation and correction or the chief administrative officer	11988
of the jail, community-based correctional facility, or detention	11989
facility in which the person is serving the prison term, community	11990
residential sanction, or term of imprisonment shall administer, a	11991
DNA specimen collection procedure at the state correctional	11992
institution, jail, community-based correctional facility, or	11993
detention facility in which the person is serving the prison term,	11994
community residential sanction, or term of imprisonment. In	11995
accordance with division (C) of this section, the director or the	11996
chief administrative officer shall cause the DNA specimen to be	11997
forwarded to the bureau of criminal identification and	11998
investigation no later than fifteen days after the date of the	11999
collection of the DNA specimen. The DNA specimen shall be	12000
collected in accordance with division (C) of this section.	12001

(3) If a person sentenced to a term of imprisonment or	12002
serving a prison term or community residential sanction for	12003
committing an offense listed in division (D) of this section is on	12004
probation, is released on parole, under transitional control, or	12005
on another type of release, or is on post-release control, if the	12006
person is under the supervision of a probation department or the	12007
adult parole authority, if the person is sent to jail or is	12008
returned to a jail, community-based correctional facility, or	12009
state correctional institution for a violation of the terms and	12010
conditions of the probation, parole, transitional control, other	12011
release, or post-release control, if the person was or will be	12012
serving a term of imprisonment, prison term, or community	12013
residential sanction for committing an offense listed in division	12014
(D) of this section, and if the person did not provide a DNA	12015
specimen pursuant to division (B)(1) or (2) of this section, the	12016
person shall submit to, and the director of rehabilitation and	12017
correction or the chief administrative officer of the jail or	12018
community-based correctional facility shall administer, a DNA	12019
specimen collection procedure at the jail, community-based	12020
correctional facility, or state correctional institution in which	12021
the person is serving the term of imprisonment, prison term, or	12022
community residential sanction. In accordance with division (C) of	12023
this section, the director or the chief administrative officer	12024
shall cause the DNA specimen to be forwarded to the bureau of	12025
criminal identification and investigation no later than fifteen	12026
days after the date of the collection of the DNA specimen. The DNA	12027
specimen shall be collected from the person in accordance with	12028
division (C) of this section.	12029

(C) If the DNA specimen is collected by withdrawing blood	12030
from the person or a similarly invasive procedure, a physician,	12031
registered nurse, licensed practical nurse, duly licensed clinical	12032
laboratory technician, or other qualified medical practitioner	12033
shall collect in a medically approved manner the DNA specimen	12034
required to be collected pursuant to division (B) of this section.	12035
If the DNA specimen is collected by swabbing for buccal cells or a	12036
similarly noninvasive procedure, this section does not require	12037
that the DNA specimen be collected by a qualified medical	12038
practitioner of that nature. No later than fifteen days after the	12039
date of the collection of the DNA specimen, the director of	12040
rehabilitation and correction or the chief administrative officer	12041
of the jail, community-based correctional facility, or other	12042
county, multicounty, municipal, municipal-county, or	12043
multicounty-municipal detention facility, in which the person is	12044
serving the prison term, community residential sanction, or term	12045
of imprisonment shall cause the DNA specimen to be forwarded to	12046
the bureau of criminal identification and investigation in	12047
accordance with procedures established by the superintendent of	12048
the bureau under division (H) of section 109.573 of the Revised	12049
Code. The bureau shall provide the specimen vials, mailing tubes,	12050
labels, postage, and instructions needed for the collection and	12051
forwarding of the DNA specimen to the bureau.	12052

(D) The director of rehabilitation and correction and the	12053
chief administrative officer of the jail, community-based	12054
correctional facility, or other county, multicounty, municipal,	12055
municipal-county, or multicounty-municipal detention facility	12056
shall cause a DNA specimen to be collected in accordance with	12057
divisions (B) and (C) of this section from a person in its custody	12058
who is convicted of or pleads guilty to any of the following	12059
offenses:	12060

(1) A violation of section 2903.01, 2903.02, 2903.11,	12061
2905.01, 2907.02, 2907.03, 2907.04, 2907.05, 2911.01, 2911.02,	12062
2911.11, or 2911.12 of the Revised Code;	12063

(2) A violation of section 2907.12 of the Revised Code as it	12064
existed prior to September 3, 1996;	12065

(3) An attempt to commit a violation of section 2903.01,	12066
2903.02, 2907.02, 2907.03, 2907.04, or 2907.05 of the Revised Code	12067
or to commit a violation of section 2907.12 of the Revised Code as	12068
it existed prior to September 3, 1996;	12069

(4) A violation of any law that arose out of the same facts	12070
and circumstances and same act as did a charge against the person	12071
of a violation of section 2903.01, 2903.02, 2905.01, 2907.02,	12072
2907.03, 2907.04, 2907.05, or 2911.11 of the Revised Code that	12073
previously was dismissed or amended or as did a charge against the	12074
person of a violation of section 2907.12 of the Revised Code as it	12075
existed prior to September 3, 1996, that previously was dismissed	12076
or amended;	12077

(5) A violation of section 2905.02 or 2919.23 of the Revised	12078
Code that would have been a violation of section 2905.04 of the	12079
Revised Code as it existed prior to July 1, 1996, had it been	12080
committed prior to that date;	12081

(6) A sexually oriented offense, as defined in section	12082
2950.01 of the Revised Code, if, in relation to that offense, the	12083
offender has been adjudicated as being a sexual predator, as	12084
defined in section 2950.01 of the Revised Code;	12085

(7) A felony violation of any law that arose out of the same	12086
facts and circumstances and same act as did a charge against the	12087
person of a violation of section 2903.11, 2911.01, 2911.02, or	12088
2911.12 of the Revised Code that previously was dismissed or	12089
amended;	12090

(8) A conspiracy to commit a violation of section 2903.01,	12091
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	12092
Revised Code;	12093

(9) Complicity in committing a violation of section 2903.01,	12094
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	12095
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	12096
violation of section 2907.12 of the Revised Code as it existed	12097
prior to September 3, 1996.	12098

(E) The director of rehabilitation and correction or a chief	12099
administrative officer of a jail, community-based correctional	12100
facility, or other detention facility described in division (B) of	12101
this section in relation to the following offenses is not required	12102
to comply with this section until the superintendent of the bureau	12103
of criminal identification and investigation gives agencies in the	12104
criminal justice system, as defined in section ~~181.51~~109.98 of	12105
the Revised Code, in the state official notification that the	12106
state DNA laboratory is prepared to accept DNA specimens of that	12107
nature:	12108

(1) A violation of section 2903.11, 2911.01, 2911.02, or	12109
2911.12 of the Revised Code;	12110

(2) An attempt to commit a violation of section 2903.01 or	12111
2903.02 of the Revised Code;	12112

(3) A felony violation of any law that arose out of the same	12113
facts and circumstances and same act as did a charge against the	12114
person of a violation of section 2903.11, 2911.01, 2911.02, or	12115
2911.12 of the Revised Code that previously was dismissed or	12116
amended;	12117

(4) A conspiracy to commit a violation of section 2903.01,	12118
2903.02, 2905.01, 2911.01, 2911.02, 2911.11, or 2911.12 of the	12119
Revised Code;	12120

(5) Complicity in committing a violation of section 2903.01,	12121
2903.02, 2903.11, 2905.01, 2907.02, 2907.03, 2907.04, 2907.05,	12122
2911.01, 2911.02, 2911.11, or 2911.12 of the Revised Code or a	12123
violation of section 2907.12 of the Revised Code as it existed	12124
prior to September 3, 1996.	12125

Sec. 2921.13. (A) No person shall knowingly make a false	12126
statement, or knowingly swear or affirm the truth of a false	12127
statement previously made, when any of the following applies:	12128

(1) The statement is made in any official proceeding.

12129

(2) The statement is made with purpose to incriminate	12130
another.	12131

(3) The statement is made with purpose to mislead a public	12132
official in performing the public official's official function.	12133

(4) The statement is made with purpose to secure the payment	12134
of unemployment compensation; Ohio works first; prevention,	12135
retention, and contingency benefits and services; disability	12136
financial assistance; retirement benefits; economic development	12137
assistance, as defined in section 9.66 of the Revised Code; or	12138
other benefits administered by a governmental agency or paid out	12139
of a public treasury.	12140

(5) The statement is made with purpose to secure the issuance	12141
by a governmental agency of a license, permit, authorization,	12142
certificate, registration, release, or provider agreement.	12143

(6) The statement is sworn or affirmed before a notary public	12144
or another person empowered to administer oaths.	12145

(7) The statement is in writing on or in connection with a	12146
report or return that is required or authorized by law.	12147

(8) The statement is in writing and is made with purpose to	12148
induce another to extend credit to or employ the offender, to	12149
confer any degree, diploma, certificate of attainment, award of	12150
excellence, or honor on the offender, or to extend to or bestow	12151
upon the offender any other valuable benefit or distinction, when	12152
the person to whom the statement is directed relies upon it to	12153
that person's detriment.	12154

(9) The statement is made with purpose to commit or	12155
facilitate the commission of a theft offense.	12156

(10) The statement is knowingly made to a probate court in	12157
connection with any action, proceeding, or other matter within its	12158
jurisdiction, either orally or in a written document, including,	12159
but not limited to, an application, petition, complaint, or other	12160
pleading, or an inventory, account, or report.	12161

(11) The statement is made on an account, form, record,	12162
stamp, label, or other writing that is required by law.	12163

(12) The statement is made in connection with the purchase of	12164
a firearm, as defined in section 2923.11 of the Revised Code, and	12165
in conjunction with the furnishing to the seller of the firearm of	12166
a fictitious or altered driver's or commercial driver's license or	12167
permit, a fictitious or altered identification card, or any other	12168
document that contains false information about the purchaser's	12169
identity.	12170

(13) The statement is made in a document or instrument of	12171
writing that purports to be a judgment, lien, or claim of	12172
indebtedness and is filed or recorded with the secretary of state,	12173
a county recorder, or the clerk of a court of record.	12174

(B) No person, in connection with the purchase of a firearm,	12175
as defined in section 2923.11 of the Revised Code, shall knowingly	12176
furnish to the seller of the firearm a fictitious or altered	12177
driver's or commercial driver's license or permit, a fictitious or	12178
altered identification card, or any other document that contains	12179
false information about the purchaser's identity.	12180

(C) It is no defense to a charge under division (A)(4) of	12181
this section that the oath or affirmation was administered or	12182
taken in an irregular manner.	12183

(D) If contradictory statements relating to the same fact are	12184
made by the offender within the period of the statute of	12185
limitations for falsification, it is not necessary for the	12186
prosecution to prove which statement was false but only that one	12187
or the other was false.	12188

(E)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	12189
(6), (7), (8), (10), (11), or (13) of this section is guilty of	12190
falsification, a misdemeanor of the first degree.	12191

(2) Whoever violates division (A)(9) of this section is	12192
guilty of falsification in a theft offense. Except as otherwise	12193
provided in this division, falsification in a theft offense is a	12194
misdemeanor of the first degree. If the value of the property or	12195
services stolen is five hundred dollars or more and is less than	12196
five thousand dollars, falsification in a theft offense is a	12197
felony of the fifth degree. If the value of the property or	12198
services stolen is five thousand dollars or more and is less than	12199
one hundred thousand dollars, falsification in a theft offense is	12200
a felony of the fourth degree. If the value of the property or	12201
services stolen is one hundred thousand dollars or more,	12202
falsification in a theft offense is a felony of the third degree.	12203

(3) Whoever violates division (A)(12) or (B) of this section	12204
is guilty of falsification to purchase a firearm, a felony of the	12205
fifth degree.	12206

(F) A person who violates this section is liable in a civil	12207
action to any person harmed by the violation for injury, death, or	12208
loss to person or property incurred as a result of the commission	12209
of the offense and for reasonable attorney's fees, court costs,	12210
and other expenses incurred as a result of prosecuting the civil	12211
action commenced under this division. A civil action under this	12212
division is not the exclusive remedy of a person who incurs	12213
injury, death, or loss to person or property as a result of a	12214
violation of this section.	12215

Sec. 2935.36. (A) The prosecuting attorney may establish	12216
pre-trial diversion programs for adults who are accused of	12217
committing criminal offenses and whom the prosecuting attorney	12218
believes probably will not offend again. The prosecuting attorney	12219
may require, as a condition of an accused's participation in the	12220
program, the accused to pay a reasonable fee for supervision	12221
services that include, but are not limited to, monitoring and drug	12222
testing. The programs shall be operated pursuant to written	12223
standards approved by journal entry by the presiding judge or, in	12224
courts with only one judge, the judge of the court of common pleas	12225
and shall not be applicable to any of the following:	12226

(1) Repeat offenders or dangerous offenders;

12227

(2) Persons accused of an offense of violence, of a violation	12228
of section 2903.06, 2907.04, 2907.05, 2907.21, 2907.22, 2907.31,	12229
2907.32, 2907.34, 2911.31, 2919.12, 2919.13, 2919.22, 2921.02,	12230
2921.11, 2921.12, 2921.32, or 2923.20 of the Revised Code, or of a	12231
violation of section 2905.01, 2905.02, or 2919.23 of the Revised	12232
Code that, had it occurred prior to July 1, 1996, would have been	12233
a violation of section 2905.04 of the Revised Code as it existed	12234
prior to that date, with the exception that the prosecuting	12235
attorney may permit persons accused of any such offense to enter a	12236
pre-trial diversion program, if the prosecuting attorney finds any	12237
of the following:	12238

(a) The accused did not cause, threaten, or intend serious	12239
physical harm to any person;	12240

(b) The offense was the result of circumstances not likely to	12241
recur;	12242

(c) The accused has no history of prior delinquency or	12243
criminal activity;	12244

(d) The accused has led a law-abiding life for a substantial	12245
time before commission of the alleged offense;	12246

(e) Substantial grounds tending to excuse or justify the	12247
alleged offense.	12248

(3) Persons accused of a violation of Chapter 2925. or 3719.	12249
of the Revised Code;	12250

(4) Drug dependent persons or persons in danger of becoming	12251
drug dependent persons, as defined in section 3719.011 of the	12252
Revised Code. However, this division does not affect the	12253
eligibility of such persons for intervention in lieu of conviction	12254
pursuant to section 2951.041 of the Revised Code.	12255

(5) Persons accused of a violation of section 4511.19 of the	12256
Revised Code or a violation of any substantially similar municipal	12257
ordinance.	12258

(B) An accused who enters a diversion program shall do all of	12259
the following:	12260

(1) Waive, in writing and contingent upon the accused's	12261
successful completion of the program, the accused's right to a	12262
speedy trial, the preliminary hearing, the time period within	12263
which the grand jury may consider an indictment against the	12264
accused, and arraignment, unless the hearing, indictment, or	12265
arraignment has already occurred;	12266

(2) Agree, in writing, to the tolling while in the program of	12267
all periods of limitation established by statutes or rules of	12268
court, that are applicable to the offense with which the accused	12269
is charged and to the conditions of the diversion program	12270
established by the prosecuting attorney;	12271

(3) Agree, in writing, to pay any reasonable fee for	12272
supervision services established by the prosecuting attorney.	12273

(C) The trial court, upon the application of the prosecuting	12274
attorney, shall order the release from confinement of any accused	12275
who has agreed to enter a pre-trial diversion program and shall	12276
discharge and release any existing bail and release any sureties	12277
on recognizances and shall release the accused on a recognizance	12278
bond conditioned upon the accused's compliance with the terms of	12279
the diversion program. The prosecuting attorney shall notify every	12280
victim of the crime and the arresting officers of the prosecuting	12281
attorney's intent to permit the accused to enter a pre-trial	12282
diversion program. The victim of the crime and the arresting	12283
officers shall have the opportunity to file written objections	12284
with the prosecuting attorney prior to the commencement of the	12285
pre-trial diversion program.	12286

(D) If the accused satisfactorily completes the diversion	12287
program, the prosecuting attorney shall recommend to the trial	12288
court that the charges against the accused be dismissed, and the	12289
court, upon the recommendation of the prosecuting attorney, shall	12290
dismiss the charges. If the accused chooses not to enter the	12291
prosecuting attorney's diversion program, or if the accused	12292
violates the conditions of the agreement pursuant to which the	12293
accused has been released, the accused may be brought to trial	12294
upon the charges in the manner provided by law, and the waiver	12295
executed pursuant to division (B)(1) of this section shall be void	12296
on the date the accused is removed from the program for the	12297
violation.	12298

(E) As used in this section:

12299

(1) "Repeat offender" means a person who has a history of	12300
persistent criminal activity and whose character and condition	12301
reveal a substantial risk that the person will commit another	12302
offense. It is prima-facie evidence that a person is a repeat	12303
offender if any of the following applies:	12304

(a) Having been convicted of one or more offenses of violence	12305
and having been imprisoned pursuant to sentence for any such	12306
offense, the person commits a subsequent offense of violence;	12307

(b) Having been convicted of one or more sexually oriented	12308
offenses as defined in section 2950.01 of the Revised Code and	12309
having been imprisoned pursuant to sentence for one or more of	12310
those offenses, the person commits a subsequent sexually oriented	12311
offense;	12312

(c) Having been convicted of one or more theft offenses as	12313
defined in section 2913.01 of the Revised Code and having been	12314
imprisoned pursuant to sentence for one or more of those theft	12315
offenses, the person commits a subsequent theft offense;	12316

(d) Having been convicted of one or more felony drug abuse	12317
offenses as defined in section 2925.01 of the Revised Code and	12318
having been imprisoned pursuant to sentence for one or more of	12319
those felony drug abuse offenses, the person commits a subsequent	12320
felony drug abuse offense;	12321

(e) Having been convicted of two or more felonies and having	12322
been imprisoned pursuant to sentence for one or more felonies, the	12323
person commits a subsequent offense;	12324

(f) Having been convicted of three or more offenses of any	12325
type or degree other than traffic offenses, alcoholic intoxication	12326
offenses, or minor misdemeanors and having been imprisoned	12327
pursuant to sentence for any such offense, the person commits a	12328
subsequent offense.	12329

(2) "Dangerous offender" means a person who has committed an	12330
offense, whose history, character, and condition reveal a	12331
substantial risk that the person will be a danger to others, and	12332
whose conduct has been characterized by a pattern of repetitive,	12333
compulsive, or aggressive behavior with heedless indifference to	12334
the consequences.	12335

Sec. 2949.091. (A)(1) The court, in which any person is	12336
convicted of or pleads guilty to any offense other than a traffic	12337
offense that is not a moving violation, shall impose the sum of	12338
~~eleven~~fifteen dollars as costs in the case in addition to any	12339
other court costs that the court is required by law to impose upon	12340
the offender. All such moneys collected during a month shall be	12341
transmitted on or before the twentieth day of the following month	12342
by the clerk of the court to the treasurer of state and deposited	12343
by the treasurer of state into the general revenue fund. The court	12344
shall not waive the payment of the additional ~~eleven~~fifteen	12345
dollars court costs, unless the court determines that the offender	12346
is indigent and waives the payment of all court costs imposed upon	12347
the indigent offender.	12348

(2) The juvenile court, in which a child is found to be a	12349
delinquent child or a juvenile traffic offender for an act which,	12350
if committed by an adult, would be an offense other than a traffic	12351
offense that is not a moving violation, shall impose the sum of	12352
~~eleven~~fifteen dollars as costs in the case in addition to any	12353
other court costs that the court is required or permitted by law	12354
to impose upon the delinquent child or juvenile traffic offender.	12355
All such moneys collected during a month shall be transmitted on	12356
or before the twentieth day of the following month by the clerk of	12357
the court to the treasurer of state and deposited by the treasurer	12358
of state into the general revenue fund. The ~~eleven~~fifteen dollars	12359
court costs shall be collected in all cases unless the court	12360
determines the juvenile is indigent and waives the payment of all	12361
court costs, or enters an order on its journal stating that it has	12362
determined that the juvenile is indigent, that no other court	12363
costs are to be taxed in the case, and that the payment of the	12364
~~eleven~~fifteen dollars court costs is waived.	12365

(B) Whenever a person is charged with any offense other than	12366
a traffic offense that is not a moving violation and posts bail,	12367
the court shall add to the amount of the bail the ~~eleven~~fifteen	12368
dollars required to be paid by division (A)(1) of this section.	12369
The ~~eleven~~fifteen dollars shall be retained by the clerk of the	12370
court until the person is convicted, pleads guilty, forfeits bail,	12371
is found not guilty, or has the charges dismissed. If the person	12372
is convicted, pleads guilty, or forfeits bail, the clerk shall	12373
transmit the ~~eleven~~fifteen dollars on or before the twentieth day	12374
of the month following the month in which the person was	12375
convicted, pleaded guilty, or forfeited bail to the treasurer of	12376
state, who shall deposit it into the general revenue fund. If the	12377
person is found not guilty or the charges are dismissed, the clerk	12378
shall return the ~~eleven~~fifteen dollars to the person.	12379

(C) No person shall be placed or held in a detention facility	12380
for failing to pay the additional ~~eleven~~fifteen dollars court	12381
costs or bail that are required to be paid by this section.	12382

(D) As used in this section:

12383

(1) "Moving violation" and "bail" have the same meanings as	12384
in section 2743.70 of the Revised Code.	12385

(2) "Detention facility" has the same meaning as in section	12386
2921.01 of the Revised Code.	12387

Sec. 3111.04. (A) An action to determine the existence or	12388
nonexistence of the father and child relationship may be brought	12389
by the child or the child's personal representative, the child's	12390
mother or her personal representative, a man alleged or alleging	12391
himself to be the child's father, the child support enforcement	12392
agency of the county in which the child resides if the child's	12393
mother is a recipient of public assistance or of services under	12394
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	12395
U.S.C.A. 651, as amended, or the alleged father's personal	12396
representative.	12397

(B) An agreement does not bar an action under this section.

12398

(C) If an action under this section is brought before the	12399
birth of the child and if the action is contested, all	12400
proceedings, except service of process and the taking of	12401
depositions to perpetuate testimony, may be stayed until after the	12402
birth.	12403

(D) A recipient of public assistance or of services under	12404
Title IV-D of the "Social Security Act," 88 Stat. 2351 (1975), 42	12405
U.S.C.A. 651, as amended, shall cooperate with the child support	12406
enforcement agency of the county in which a child resides to	12407
obtain an administrative determination pursuant to sections	12408
3111.38 to 3111.54 of the Revised Code, or, if necessary, a court	12409
determination pursuant to sections 3111.01 to 3111.18 of the	12410
Revised Code, of the existence or nonexistence of a parent and	12411
child relationship between the father and the child. If the	12412
recipient fails to cooperate, the agency may commence an action to	12413
determine the existence or nonexistence of a parent and child	12414
relationship between the father and the child pursuant to sections	12415
3111.01 to 3111.18 of the Revised Code.	12416

(E) As used in this section, "public assistance" means	12417
medical assistance under Chapter 5111. of the Revised Code,	12418
assistance under Chapter 5107. of the Revised Code, or disability	12419
financial assistance under Chapter 5115. of the Revised Code, or	12420
disability medical assistance under Chapter 5115. of the Revised	12421
Code.	12422

Sec. 3111.72. (A) The contract between the department of job	12423
and family services and a local hospital shall require all of the	12424
following:	12425

~~(A)~~(1) That the hospital provide a staff person to meet with	12426
each unmarried mother who gave birth in or en route to the	12427
hospital within twenty-four hours of the birth or before the	12428
mother is released from the hospital;	12429

~~(B)~~(2) That the staff person attempt to meet with the father	12430
of the unmarried mother's child if possible;	12431

~~(C)~~(3) That the staff person explain to the unmarried mother	12432
and the father, if he is present, the benefit to the child of	12433
establishing a parent and child relationship between the father	12434
and the child and the various proper procedures for establishing a	12435
parent and child relationship;	12436

~~(D)~~(4) That the staff person present to the unmarried mother	12437
and, if possible, the father, the pamphlet or statement regarding	12438
the rights and responsibilities of a natural parent that is	12439
prepared and provided by the department of job and family services	12440
pursuant to section 3111.32 of the Revised Code;	12441

~~(E)~~(5) That the staff person provide the mother and, if	12442
possible, the father, all forms and statements necessary to	12443
voluntarily establish a parent and child relationship, including,	12444
but not limited to, the acknowledgment of paternity affidavit	12445
prepared by the department of job and family services pursuant to	12446
section 3111.31 of the Revised Code;	12447

~~(F)~~(6) That the staff person, at the request of both the	12448
mother and father, help the mother and father complete any form or	12449
statement necessary to establish a parent and child relationship;	12450

~~(G)~~(7) That the hospital provide a notary public to notarize	12451
an acknowledgment of paternity affidavit signed by the mother and	12452
father;	12453

~~(H)~~(8) That the staff person present to an unmarried mother	12454
who is not participating in the Ohio works first program	12455
established under Chapter 5107. or receiving medical assistance	12456
under Chapter 5111. of the Revised Code an application for Title	12457
IV-D services;	12458

~~(I)~~(9) That the staff person forward any completed	12459
acknowledgment of paternity, no later than ten days after it is	12460
completed, to the office of child support in the department of job	12461
and family services;	12462

~~(J)~~(10) That the department of job and family services pay	12463
the hospital twenty dollars for every correctly signed and	12464
notarized acknowledgment of paternity affidavit from the hospital;	12465

(11) That, if an acknowledgment of paternity application is	12466
not completed and signed by the mother and father, at the request	12467
of either the mother or father and on completion by the mother or	12468
father of an application for services under Title IV-D of the	12469
"Social Security Act," 88 Stat. 2351 (1975), 42 U.S.C. 651, as	12470
amended, including paternity determination, the hospital staff	12471
immediately collect genetic samples from the mother, father, and	12472
child at no cost to either parent;	12473

(12) That the department pay the hospital thirty dollars for	12474
each sample collected pursuant to division (A)(11) of this	12475
section;	12476

(13) That the department pay the cost of genetic tests of	12477
samples collected pursuant to division (A)(11) of this section.	12478

(B) The director of job and family services shall adopt rules	12479
under Chapter 119. of the Revised Code to implement this section.	12480

Sec. 3119.01. (A) As used in the Revised Code, "child	12481
support enforcement agency" means a child support enforcement	12482
agency designated under former section 2301.35 of the Revised Code	12483
prior to October 1, 1997, or a private or government entity	12484
designated as a child support enforcement agency under section	12485
307.981 of the Revised Code.	12486

(B) As used in this chapter and Chapters 3121., 3123., and	12487
3125. of the Revised Code:	12488

(1) "Administrative child support order" means any order	12489
issued by a child support enforcement agency for the support of a	12490
child pursuant to section 3109.19 or 3111.81 of the Revised Code	12491
or former section 3111.211 of the Revised Code, section 3111.21 of	12492
the Revised Code as that section existed prior to January 1, 1998,	12493
or section 3111.20 or 3111.22 of the Revised Code as those	12494
sections existed prior to March 22, 2001.	12495

(2) "Child support order" means either a court child support	12496
order or an administrative child support order.	12497

(3) "Obligee" means the person who is entitled to receive the	12498
support payments under a support order.	12499

(4) "Obligor" means the person who is required to pay support	12500
under a support order.	12501

(5) "Support order" means either an administrative child	12502
support order or a court support order.	12503

12504

(1) "Combined gross income" means the combined gross income	12505
of both parents.	12506

(2) "Court child support order" means any order issued by a	12507
court for the support of a child pursuant to Chapter 3115. of the	12508
Revised Code, section 2151.23, 2151.231, 2151.232, 2151.33,	12509
2151.36, 2151.361, 2151.49, 3105.21, 3109.05, 3109.19, 3111.13,	12510
3113.04, 3113.07, 3113.31, 3119.65, or 3119.70 of the Revised	12511
Code, or division (B) of former section 3113.21 of the Revised	12512
Code.	12513

(3) "Court support order" means either a court child support	12514
order or an order for the support of a spouse or former spouse	12515
issued pursuant to Chapter 3115. of the Revised Code, section	12516
3105.18, 3105.65, or 3113.31 of the Revised Code, or division (B)	12517
of former section 3113.21 of the Revised Code.	12518

(4) "Extraordinary medical expenses" means any uninsured	12519
medical expenses incurred for a child during a calendar year that	12520
exceed one hundred dollars.	12521

(5) "Income" means either of the following:

12522

(a) For a parent who is employed to full capacity, the gross	12523
income of the parent;	12524

(b) For a parent who is unemployed or underemployed, the sum	12525
of the gross income of the parent and any potential income of the	12526
parent.	12527

(6) "Insurer" means any person authorized under Title XXXIX	12528
of the Revised Code to engage in the business of insurance in this	12529
state, any health insuring corporation, and any legal entity that	12530
is self-insured and provides benefits to its employees or members.	12531

(7) "Gross income" means, except as excluded in division	12532
(C)(7) of this section, the total of all earned and unearned	12533
income from all sources during a calendar year, whether or not the	12534
income is taxable, and includes income from salaries, wages,	12535
overtime pay, and bonuses to the extent described in division (D)	12536
of section 3119.05 of the Revised Code; commissions; royalties;	12537
tips; rents; dividends; severance pay; pensions; interest; trust	12538
income; annuities; social security benefits, including retirement,	12539
disability, and survivor benefits that are not means-tested;	12540
workers' compensation benefits; unemployment insurance benefits;	12541
disability insurance benefits; benefits that are not means-tested	12542
and that are received by and in the possession of the veteran who	12543
is the beneficiary for any service-connected disability under a	12544
program or law administered by the United States department of	12545
veterans' affairs or veterans' administration; spousal support	12546
actually received; and all other sources of income. "Gross income"	12547
includes income of members of any branch of the United States	12548
armed services or national guard, including, amounts representing	12549
base pay, basic allowance for quarters, basic allowance for	12550
subsistence, supplemental subsistence allowance, cost of living	12551
adjustment, specialty pay, variable housing allowance, and pay for	12552
training or other types of required drills; self-generated income;	12553
and potential cash flow from any source.	12554

"Gross income" does not include any of the following:

12555

(a) Benefits received from means-tested government	12556
administered programs, including Ohio works first; prevention,	12557
retention, and contingency; means-tested veterans' benefits;	12558
supplemental security income; food stamps; disability financial	12559
assistance; or other assistance for which eligibility is	12560
determined on the basis of income or assets;	12561

(b) Benefits for any service-connected disability under a	12562
program or law administered by the United States department of	12563
veterans' affairs or veterans' administration that are not	12564
means-tested, that have not been distributed to the veteran who is	12565
the beneficiary of the benefits, and that are in the possession of	12566
the United States department of veterans' affairs or veterans'	12567
administration;	12568

(c) Child support received for children who were not born or	12569
adopted during the marriage at issue;	12570

(d) Amounts paid for mandatory deductions from wages such as	12571
union dues but not taxes, social security, or retirement in lieu	12572
of social security;	12573

(e) Nonrecurring or unsustainable income or cash flow items;

12574

(f) Adoption assistance and foster care maintenance payments	12575
made pursuant to Title IV-E of the "Social Security Act," 94 Stat.	12576
501, 42 U.S.C.A. 670 (1980), as amended.	12577

(8) "Nonrecurring or unsustainable income or cash flow item"	12578
means an income or cash flow item the parent receives in any year	12579
or for any number of years not to exceed three years that the	12580
parent does not expect to continue to receive on a regular basis.	12581
"Nonrecurring or unsustainable income or cash flow item" does not	12582
include a lottery prize award that is not paid in a lump sum or	12583
any other item of income or cash flow that the parent receives or	12584
expects to receive for each year for a period of more than three	12585
years or that the parent receives and invests or otherwise uses to	12586
produce income or cash flow for a period of more than three years.	12587

(9)(a) "Ordinary and necessary expenses incurred in	12588
generating gross receipts" means actual cash items expended by the	12589
parent or the parent's business and includes depreciation expenses	12590
of business equipment as shown on the books of a business entity.	12591

(b) Except as specifically included in "ordinary and	12592
necessary expenses incurred in generating gross receipts" by	12593
division (C)(9)(a) of this section, "ordinary and necessary	12594
expenses incurred in generating gross receipts" does not include	12595
depreciation expenses and other noncash items that are allowed as	12596
deductions on any federal tax return of the parent or the parent's	12597
business.	12598

(10) "Personal earnings" means compensation paid or payable	12599
for personal services, however denominated, and includes wages,	12600
salary, commissions, bonuses, draws against commissions, profit	12601
sharing, vacation pay, or any other compensation.	12602

(11) "Potential income" means both of the following for a	12603
parent who the court pursuant to a court support order, or a child	12604
support enforcement agency pursuant to an administrative child	12605
support order, determines is voluntarily unemployed or voluntarily	12606
underemployed:	12607

(a) Imputed income that the court or agency determines the	12608
parent would have earned if fully employed as determined from the	12609
following criteria:	12610

(i) The parent's prior employment experience;

12611

(ii) The parent's education;

12612

(iii) The parent's physical and mental disabilities, if any;

12613

(iv) The availability of employment in the geographic area in	12614
which the parent resides;	12615

(v) The prevailing wage and salary levels in the geographic	12616
area in which the parent resides;	12617

(vi) The parent's special skills and training;

12618

(vii) Whether there is evidence that the parent has the	12619
ability to earn the imputed income;	12620

(viii) The age and special needs of the child for whom child	12621
support is being calculated under this section;	12622

(ix) The parent's increased earning capacity because of	12623
experience;	12624

(x) Any other relevant factor.

12625

(b) Imputed income from any nonincome-producing assets of a	12626
parent, as determined from the local passbook savings rate or	12627
another appropriate rate as determined by the court or agency, not	12628
to exceed the rate of interest specified in division (A) of	12629
section 1343.03 of the Revised Code, if the income is significant.	12630

(12) "Schedule" means the basic child support schedule set	12631
forth in section 3119.021 of the Revised Code.	12632

(13) "Self-generated income" means gross receipts received by	12633
a parent from self-employment, proprietorship of a business, joint	12634
ownership of a partnership or closely held corporation, and rents	12635
minus ordinary and necessary expenses incurred by the parent in	12636
generating the gross receipts. "Self-generated income" includes	12637
expense reimbursements or in-kind payments received by a parent	12638
from self-employment, the operation of a business, or rents,	12639
including company cars, free housing, reimbursed meals, and other	12640
benefits, if the reimbursements are significant and reduce	12641
personal living expenses.	12642

(14) "Split parental rights and responsibilities" means a	12643
situation in which there is more than one child who is the subject	12644
of an allocation of parental rights and responsibilities and each	12645
parent is the residential parent and legal custodian of at least	12646
one of those children.	12647

(15) "Worksheet" means the applicable worksheet that is used	12648
to calculate a parent's child support obligation as set forth in	12649
sections 3119.022 and 3119.023 of the Revised Code.	12650

Sec. 3123.952. A child support enforcement agency may submit	12651
the name of a delinquent obligor to the office of child support	12652
for inclusion on a poster only if all of the following apply:	12653

(A) The obligor is subject to a support order and there has	12654
been an attempt to enforce the order through a public notice, a	12655
wage withholding order, a lien on property, a financial	12656
institution deduction order, or other court-ordered procedures.	12657

(B) The department of job and family services reviewed the	12658
obligor's records and confirms the child support enforcement	12659
agency's finding that the obligor's name and photograph may be	12660
submitted to be displayed on a poster.	12661

(C) The agency does not know or is unable to verify the	12662
obligor's whereabouts.	12663

(D) The obligor is not a participant in Ohio works first or	12664
the prevention, retention, and contingency program or a recipient	12665
of disability financial assistance, supplemental security income,	12666
or food stamps.	12667

(E) The child support enforcement agency does not have	12668
evidence that the obligor has filed for protection under the	12669
federal Bankruptcy Code, 11 U.S.C.A. 101, as amended.	12670

(F) The obligee gave written authorization to the agency to	12671
display the obligor on a poster.	12672

(G) A legal representative of the agency and a child support	12673
enforcement administrator reviewed the case.	12674

(H) The agency is able to submit to the department a	12675
description and photograph of the obligor, a statement of the	12676
possible locations of the obligor, and any other information	12677
required by the department.	12678

Sec. 3301.31. As used in this section and sections 3301.32	12679
to 3301.37 of the Revised Code:	12680

(A) "Eligible individual" means an individual eligible for	12681
Title IV-A services.	12682

(B) "Head start agency" means any of the following:

12683

(1) An entity in this state that has been approved to be an	12684
agency for purposes of the "Head Start Act," 95 Stat. 489 (1981),	12685
42 U.S.C. 9831, as amended;	12686

(2) A Title IV-A head start agency;

12687

(3) A Title IV-A head start plus agency.

12688

(C) "Head start program" has the same meaning as in section	12689
5104.01 of the Revised Code.	12690

(D) "Title IV-A services" means benefits and services that	12691
are allowable under Title IV-A of the "Social Security Act," as	12692
specified in 42 U.S.C.A 604(a), except that they shall not be	12693
benefits and services included in the term "assistance" as defined	12694
in 45 C.F.R. 260.31(a) and shall be benefits and services that are	12695
excluded from the definition of the term "assistance" under 45	12696
C.F.R. 260.31(b).	12697

(E) "Title IV-A head start agency" means an agency receiving	12698
funds to operate a head start program as prescribed in section	12699
3301.34 of the Revised Code.	12700

(F) "Title IV-A head start plus agency" means an agency	12701
receiving funds to operate a head start program as prescribed in	12702
section 3301.35 of the Revised Code.	12703

Sec. 3301.33. (A) There is hereby established the Title IV-A	12704
head start program to provide head start program services to	12705
eligible individuals.	12706

(B) There is hereby established the Title IV-A head start	12707
plus program to provide year-long head start program services and	12708
child care services to eligible individuals.	12709

(C) The programs established under divisions (A) and (B) of	12710
this section shall be administered by the department of education	12711
in accordance with an interagency agreement entered into with the	12712
department of job and family services under section 5101.801 of	12713
the Revised Code. The programs shall provide Title IV-A services	12714
to eligible individuals who meet eligibility requirements	12715
established in rules and administrative orders adopted by the	12716
department of job and family services under Chapter 5104. of the	12717
Revised Code. The department of job and family services and the	12718
department of education jointly shall adopt policies and	12719
procedures establishing program requirements for eligibility,	12720
services, program administration, fiscal accountability, and other	12721
criteria necessary to comply with the provisions of Title IV-A of	12722
the "Social Security Act," 110 Stat. 2113, 42 U.S.C. 601 (1996),	12723
as amended.	12724

The department of education shall be responsible for	12725
approving all Title IV-A head start agencies and Title IV-A head	12726
start plus agencies for provision of services under the programs	12727
established under this section. An agency that is not approved by	12728
the department shall not be reimbursed for the cost of providing	12729
services under the programs.	12730

Sec. 3301.34. In administering the Title IV-A head start	12731
program established under division (A) of section 3301.33 of the	12732
Revised Code, the department of education shall enter into a	12733
contract with each Title IV-A head start agency establishing the	12734
terms and conditions applicable to the provision of Title IV-A	12735
services for eligible individuals. The contracts shall specify the	12736
respective duties of the Title IV-A head start agencies and the	12737
department of education, reporting requirements, eligibility	12738
requirements, procedures for obtaining verification of eligibility	12739
for Title IV-A services from a county department of job and family	12740
services, reimbursement methodology, audit requirements, and other	12741
provisions determined necessary. The department of education shall	12742
reimburse the Title IV-A head start agencies for Title IV-A	12743
services provided to eligible individuals in accordance with the	12744
terms of the contract, policies and procedures adopted by the	12745
department of education and the department of job and family	12746
services under section 3301.33 of the Revised Code, and the	12747
interagency agreement entered into by the departments.	12748

The department of education shall ensure that all	12749
reimbursements paid to a Title IV-A head start agency are only for	12750
Title IV-A services.	12751

The department of education shall ensure that all	12752
reimbursements paid to a Title IV-A head start agency are for only	12753
those individuals for whom the Title IV-A head start agency has	12754
obtained verification of eligibility for Title IV-A services from	12755
the appropriate county department of job and family services, as	12756
provided for in section 3301.36 of the Revised Code.	12757

Sec. 3301.35. (A) In administering the Title IV-A head start	12758
plus program established under division (B) of section 3301.33,	12759
the department of education shall enter into a contract with each	12760
county department of job and family services to administer the	12761
program within its respective county. The county departments shall	12762
verify the eligibility for Title IV-A services of individuals and	12763
reimburse Title IV-A head start plus agencies for Title IV-A	12764
services provided to eligible individuals under the program. The	12765
department of education shall reimburse the county departments for	12766
allowable payments made to Title IV-A head start plus agencies.	12767

The contract entered into by the department of education and	12768
each county department shall specify the duties of the county	12769
department and the department of education, reporting	12770
requirements, reimbursement methodology, audit requirements, and	12771
other provisions determined necessary. The department of education	12772
shall reimburse each county department for reimbursements the	12773
county department pays to Title IV-A head start plus agencies for	12774
Title IV-A services in accordance with the terms of the contract	12775
and with policies and procedures adopted by the department of	12776
education and the state department of job and family services	12777
under section 3301.33 of the Revised Code.	12778

Each county department shall deposit all reimbursements	12779
received under this section into the county public assistance	12780
fund.	12781

(B) Each county department shall administer the program	12782
within its respective county in accordance with requirements	12783
established by the state department of job and family services	12784
under section 5101.801 of the Revised Code. The county department	12785
shall ensure that all reimbursements paid to a Title IV-A head	12786
start plus agency are for only Title IV-A services.	12787

The administration of the Title IV-A head start plus program	12788
by the county department shall include all of the following:	12789

(1) Determining eligibility of individuals and establishing	12790
co-payment requirements in accordance with rules adopted by the	12791
state department of job and family services;	12792

(2) Ensuring that any reimbursements paid by the county	12793
department to a Title IV-A head start plus agency comply with	12794
requirements of Title IV-A of the "Social Security Act," 110 Stat.	12795
2113, 42 U.S.C. 601 (1996), as amended, including eligibility of	12796
individuals, reporting requirements, allowable benefits and	12797
services, use of funds, and audit requirements, as specified in	12798
state and federal laws and regulations, United States office of	12799
management and budget circulars, and the Title IV-A state plan;	12800

(3) Monitoring each Title IV-A head start plus agency that	12801
receives funds from the county department. The county department	12802
is responsible for assuring that all Title IV-A funds are used	12803
solely for purposes allowable under federal regulations, section	12804
5101.801 of the Revised Code, and the Title IV-A state plan and	12805
shall take prompt action to recover funds that are not expended	12806
accordingly.	12807

(C) Each county department shall enter into contracts with	12808
Title IV-A head start plus agencies to provide Title IV-A services	12809
to eligible individuals who meet eligibility requirements	12810
established in rules adopted by the department of job and family	12811
services.	12812

The county department shall enter into contracts with only	12813
those agencies that have been approved by the department of	12814
education as a Title IV-A head start plus agency and that have	12815
been licensed in accordance with section 3301.37 of the Revised	12816
Code. Each contract entered into by a county department under this	12817
division shall specify all of the following:	12818

(1) Requirements for financial management and accountability	12819
for the funds, including the prompt repayment of funds that were	12820
not spent in accordance with these requirements;	12821

(2) Requirements applicable to the allowable use of and	12822
accountability for Title IV-A funds;	12823

(3) Requirements for access, inspection, and examination of	12824
the agency's financial and program records by the county	12825
department, the state department of job and family services, the	12826
department of education, the auditor of state, and any other state	12827
or federal agency with authority to inspect and examine such	12828
records;	12829

(4) Audit requirements applicable to funds received under the	12830
contract;	12831

(5) Requirements for the prompt repayment to the county	12832
department of any funds that are the subject of any federal or	12833
state adverse audit findings;	12834

(6) Procedures for adjustments and reconciliation of	12835
overpayments, underpayments, advanced funds, or other accounting	12836
procedures required by the county department, state department of	12837
job and family services, or department of education;	12838

(7) Reimbursement rates;

12839

(8) Billing dates, payment dates, and other reimbursement	12840
procedures established by the county department;	12841

(9) Reporting requirements by and for the county department,	12842
the state department of job and family services, and the	12843
department of education;	12844

(10) Provisions for the county department to withhold	12845
reimbursement, or to suspend, modify, or terminate the contract if	12846
the department of education suspends or removes the agency from	12847
the list of approved Title IV-A head start plus agencies or if the	12848
state department of job and family services denies or revokes a	12849
license for the agency.	12850

Sec. 3301.36. At the request of a Title IV-A head start	12851
agency or Title IV-A head start plus agency, each county	12852
department of job and family services shall provide verification	12853
of eligibility for Title IV-A services for individuals seeking	12854
Title IV-A services from the agency.	12855

Sec. 3301.37. (A) Each entity operating a head start program	12856
shall be licensed by the department of job and family services in	12857
accordance with Chapter 5104. of the Revised Code.	12858

(B) Notwithstanding division (A) of this section, any current	12859
license issued under section 3301.58 of the Revised Code by the	12860
department of education to an entity operating a head start	12861
program prior to the effective date of this section is hereby	12862
deemed to be a license issued by the department of job and family	12863
services under Chapter 5104. of the Revised Code. The expiration	12864
date of the license shall be the earlier of the expiration date	12865
specified in the license as issued under section 3301.58 of the	12866
Revised Code or July 1, 2005. In order to continue operation of	12867
its head start program after that expiration date, the entity	12868
shall obtain a license as prescribed in division (A) of this	12869
section.	12870

~~Sec. 3301.33.~~ Sec. 3301.40. (A) As used in this section, "adult	12871
education" has the meaning as established under the "adult	12872
education act," 102 Stat. 302 (1988), 20 U.S.C. 1201a(2), as	12873
amended.	12874

(B) Beginning July 1, 1996, the department of education may	12875
distribute state funds to organizations that quality for federal	12876
funds under the "Adult Education Act," 102 Stat. 302 (1988), 20	12877
1201 to 1213d, as amended. The funds shall be used by qualifying	12878
organizations to provide adult education services. State funds	12879
distributed pursuant to this section shall be distributed in	12880
accordance with the rules adopted by the state board of education	12881
pursuant to this section.	12882

Each organization that receives funds under this section	12883
shall file program performance reports with the department. The	12884
reports shall be filed at times required by state board of	12885
education rule and contain assessments of individual students as	12886
they enter, progress through, and exit the adult education	12887
program; records regarding individual student program	12888
participation time; reports of individual student retention rates;	12889
and any other information required by rule.	12890

(C) The state board of education shall adopt rules for the	12891
distribution of funds under this section. The rules shall include	12892
the following:	12893

(1) Requirements for program performance reports.

12894

(2) Indicators of adult education program quality, including	12895
indicators of learner achievement, program environment, program	12896
planning, curriculum and instruction, staff development, support	12897
services, and recruitment and retention.	12898

(3) A formula for the distribution of funds under this	12899
section. The formula shall include as a factor an organization's	12900
quantifiable success in meeting the indicators of program quality	12901
established pursuant to division (C)(2) of this section.	12902

(4) Standards and procedures for reducing or discontinuing	12903
funding to organizations that fail to meet the requirements of	12904
this section.	12905

(5) Any other requirements or standards considered	12906
appropriate by the board.	12907

Sec. 3301.52. As used in sections 3301.52 to 3301.59 of the	12908
Revised Code:	12909

(A) "Preschool program" means either of the following:

12910

(1) A child day-care program for preschool children that is	12911
operated by a school district board of education,or an eligible	12912
nonpublic school~~, a head start grantee, or a head start delegate~~	12913
~~agency~~.	12914

(2) A child day-care program for preschool children age three	12915
or older that is operated by a county MR/DD board.	12916

(B) "Preschool child" or "child" means a child who has not	12917
entered kindergarten and is not of compulsory school age.	12918

(C) "Parent, guardian, or custodian" means the person or	12919
government agency that is or will be responsible for a child's	12920
school attendance under section 3321.01 of the Revised Code.	12921

(D) "Superintendent" means the superintendent of a school	12922
district or the chief administrative officer of an eligible	12923
nonpublic school.	12924

(E) "Director" means the director, head teacher, elementary	12925
principal, or site administrator who is the individual on site and	12926
responsible for supervision of a preschool program.	12927

(F) "Preschool staff member" means a preschool employee whose	12928
primary responsibility is care, teaching, or supervision of	12929
preschool children.	12930

(G) "Nonteaching employee" means a preschool program or	12931
school child program employee whose primary responsibilities are	12932
duties other than care, teaching, and supervision of preschool	12933
children or school children.	12934

(H) "Eligible nonpublic school" means a nonpublic school	12935
chartered as described in division (B)(8) of section 5104.02 of	12936
the Revised Code or chartered by the state board of education for	12937
any combination of grades one through twelve, regardless of	12938
whether it also offers kindergarten.	12939

(I) "County MR/DD board" means a county board of mental	12940
retardation and developmental disabilities.	12941

(J) "School child program" means a child day-care program for	12942
only school children that is operated by a school district board	12943
of education, county MR/DD board, or eligible nonpublic school.	12944

(K) "School child" and "child day-care" have the same	12945
meanings as in section 5104.01 of the Revised Code.	12946

(L) "School child program staff member" means an employee	12947
whose primary responsibility is the care, teaching, or supervision	12948
of children in a school child program.	12949

~~(M) "Head start" means a program operated in accordance with~~	12950
~~subchapter II of the "Community Economic Development Act," 95~~	12951
~~Stat. 489 (1981), 42 U.S.C. 9831, and amendments thereto.~~	12952

Sec. 3301.53. (A) Not later than July 1, 1988, the state	12953
board of education, in consultation with the director of job and	12954
family services, shall formulate and prescribe by rule adopted	12955
under Chapter 119. of the Revised Code minimum standards to be	12956
applied to preschool programs operated by school district boards	12957
of education, county MR/DD boards, or eligible nonpublic schools,	12958
~~head start grantees, and head start delegate agencies~~. The rules	12959
shall include the following:	12960

(1) Standards ensuring that the preschool program is located	12961
in a safe and convenient facility that accommodates the enrollment	12962
of the program, is of the quality to support the growth and	12963
development of the children according to the program objectives,	12964
and meets the requirements of section 3301.55 of the Revised Code;	12965

(2) Standards ensuring that supervision, discipline, and	12966
programs will be administered according to established objectives	12967
and procedures;	12968

(3) Standards ensuring that preschool staff members and	12969
nonteaching employees are recruited, employed, assigned,	12970
evaluated, and provided inservice education without discrimination	12971
on the basis of age, color, national origin, race, or sex; and	12972
that preschool staff members and nonteaching employees are	12973
assigned responsibilities in accordance with written position	12974
descriptions commensurate with their training and experience;	12975

(4) A requirement that boards of education intending to	12976
establish a preschool program on or after March 17, 1989,	12977
demonstrate a need for a preschool program that is not being met	12978
by any existing program providing child day-care, prior to	12979
establishing the program;	12980

(5) Requirements that children participating in preschool	12981
programs have been immunized to the extent considered appropriate	12982
by the state board to prevent the spread of communicable disease;	12983

(6) Requirements that the parents of preschool children	12984
complete the emergency medical authorization form specified in	12985
section 3313.712 of the Revised Code.	12986

(B) The state board of education in consultation with the	12987
director of job and family services shall ensure that the rules	12988
adopted by the state board under sections 3301.52 to 3301.58 of	12989
the Revised Code are consistent with and meet or exceed the	12990
requirements of Chapter 5104. of the Revised Code with regard to	12991
child day-care centers. The state board and the director of job	12992
and family services shall review all such rules at least once	12993
every five years.	12994

(C) On or before January 1, 1992, the state board of	12995
education, in consultation with the director of job and family	12996
services, shall adopt rules for school child programs that are	12997
consistent with and meet or exceed the requirements of the rules	12998
adopted for school child day-care centers under Chapter 5104. of	12999
the Revised Code.	13000

Sec. 3301.54. (A)(1) Each preschool program shall be	13001
directed and supervised by a director, a head teacher, an	13002
elementary principal, or a site administrator who is on site and	13003
responsible for supervision of the program. Except as otherwise	13004
provided in division (A)(2), (3), or (4) of this section, this	13005
person shall hold a valid educator license designated as	13006
appropriate for teaching or being an administrator in a preschool	13007
setting issued pursuant to section 3319.22 of the Revised Code and	13008
have completed at least four courses in child development or early	13009
childhood education from an accredited college, university, or	13010
technical college.	13011

(2) If the person was employed prior to July 1, 1988, by a	13012
school district board of education or an eligible nonpublic school	13013
to direct a preschool program, the person shall be considered to	13014
meet the requirements of this section if the person holds a valid	13015
kindergarten-primary certificate described under former division	13016
(A) of section 3319.22 of the Revised Code as it existed on	13017
January 1, 1996.	13018

(3) If the person is employed to direct a preschool program	13019
operated by an eligible, nontax-supported, nonpublic school, the	13020
person shall be considered to meet the requirements of this	13021
section if the person holds a valid teaching certificate issued in	13022
accordance with section 3301.071 of the Revised Code.	13023

~~(4) If the person is a site administrator for a head start~~	13024
~~grantee or head start delegate agency, the person shall be~~	13025
~~considered to meet the requirements of this section if the person~~	13026
~~provides evidence that the person has attained at least a high~~	13027
~~school diploma or certification of high school equivalency issued~~	13028
~~by the state board of education or a comparable agency of another~~	13029
~~state, and that the person meets at least one of the following~~	13030
~~requirements:~~	13031

~~(a) Two years of experience working as a child-care staff~~	13032
~~member in a child day-care center or preschool program and at~~	13033
~~least four courses in child development or early childhood~~	13034
~~education from an accredited college, university, or technical~~	13035
~~college, except that a person who has two years of experience~~	13036
~~working as a child-care staff member in a particular day-care~~	13037
~~center or preschool program and who has been promoted to or~~	13038
~~designated director shall have one year from the time the person~~	13039
~~was promoted or designated to complete the required four courses;~~	13040

~~(b) Two years of training in an accredited college,~~	13041
~~university, or technical college that includes at least four~~	13042
~~courses in child development or early childhood education;~~	13043

~~(c) A child development associate credential issued by the~~	13044
~~national child development associate credentialing commission;~~	13045

~~(d) An associate or higher degree in child development or~~	13046
~~early childhood education from an accredited college, university,~~	13047
~~or technical college.~~	13048

(B) Each preschool staff member shall be at least eighteen	13049
years of age and have a high school diploma or a certification of	13050
high school equivalency issued by the state board of education or	13051
a comparable agency of another state, except that a staff member	13052
may be less than eighteen years of age if the staff member is a	13053
graduate of a two-year vocational child-care training program	13054
approved by the state board of education, or is a student enrolled	13055
in the second year of such a program that leads to high school	13056
graduation, provided that the student performs duties in the	13057
preschool program under the continuous supervision of an	13058
experienced preschool staff member and receives periodic	13059
supervision from the vocational child-care training program	13060
teacher-coordinator in the student's high school.	13061

A preschool staff member shall annually complete fifteen	13062
hours of inservice training in child development or early	13063
childhood education, child abuse recognition and prevention, and	13064
first aid, and in the prevention, recognition, and management of	13065
communicable diseases, until a total of forty-five hours has been	13066
completed, unless the staff member holds an associate or higher	13067
degree in child development or early childhood education from an	13068
accredited college, university, or technical college, or any type	13069
of educator license designated as appropriate for teaching in an	13070
associate teaching position in a preschool setting issued by the	13071
state board of education pursuant to section 3319.22 of the	13072
Revised Code.	13073

Sec. 3301.55. (A) A school district, county MR/DD board, or	13074
eligible nonpublic school~~, head start grantee, or head start~~	13075
~~delegate agency~~ operating a preschool program shall house the	13076
program in buildings that meet the following requirements:	13077

(1) The building is operated by the district, county MR/DD	13078
board, or eligible nonpublic school~~, head start grantee, or head~~	13079
~~start delegate agency~~ and has been approved by the division of	13080
industrial compliance in the department of commerce or a certified	13081
municipal, township, or county building department for the purpose	13082
of operating a program for preschool children. Any such structure	13083
shall be constructed, equipped, repaired, altered, and maintained	13084
in accordance with applicable provisions of Chapters 3781. and	13085
3791. and with rules adopted by the board of building standards	13086
under Chapter 3781. of the Revised Code for the safety and	13087
sanitation of structures erected for this purpose.	13088

(2) The building is in compliance with fire and safety laws	13089
and regulations as evidenced by reports of annual school fire and	13090
safety inspections as conducted by appropriate local authorities.	13091

(3) The school is in compliance with rules established by the	13092
state board of education regarding school food services.	13093

(4) The facility includes not less than thirty-five square	13094
feet of indoor space for each child in the program. Safe play	13095
space, including both indoor and outdoor play space, totaling not	13096
less than sixty square feet for each child using the space at any	13097
one time, shall be regularly available and scheduled for use.	13098

(5) First aid facilities and space for temporary placement or	13099
isolation of injured or ill children are provided.	13100

(B) Each school district, county MR/DD board, or eligible	13101
nonpublic school~~, head start grantee, or head start delegate~~	13102
~~agency~~ that operates, or proposes to operate, a preschool program	13103
shall submit a building plan including all information specified	13104
by the state board of education to the board not later than the	13105
first day of September of the school year in which the program is	13106
to be initiated. The board shall determine whether the buildings	13107
meet the requirements of this section and section 3301.53 of the	13108
Revised Code, and notify the superintendent of its determination.	13109
If the board determines, on the basis of the building plan or any	13110
other information, that the buildings do not meet those	13111
requirements, it shall cause the buildings to be inspected by the	13112
department of education. The department shall make a report to the	13113
superintendent specifying any aspects of the building that are not	13114
in compliance with the requirements of this section and section	13115
3301.53 of the Revised Code and the time period that will be	13116
allowed the district, county MR/DD board, or school~~, grantee, or~~	13117
~~agency~~ to meet the requirements.	13118

Sec. 3301.57. (A) For the purpose of improving programs,	13119
facilities, and implementation of the standards promulgated by the	13120
state board of education under section 3301.53 of the Revised	13121
Code, the state department of education shall provide consultation	13122
and technical assistance to school districts, county MR/DD boards,	13123
and eligible nonpublic schools~~, head start grantees, and head~~	13124
~~start delegate agencies~~ operating preschool programs or school	13125
child programs, and inservice training to preschool staff members,	13126
school child program staff members, and nonteaching employees.	13127

(B) The department and the school district board of	13128
education, county MR/DD board, or eligible nonpublic school~~, head~~	13129
~~start grantee, or head start delegate agency~~ shall jointly monitor	13130
each preschool program and each school child program.	13131

If the program receives any grant or other funding from the	13132
state or federal government, the department annually shall monitor	13133
all reports on attendance, financial support, and expenditures	13134
according to provisions for use of the funds.	13135

(C) ~~The department of job and family services and the~~	13136
~~department of education shall enter into a contract pursuant to~~	13137
~~which the department of education inspects preschool programs and~~	13138
~~school child programs in accordance with sections 3301.52 to~~	13139
~~3301.59 of the Revised Code, the rules adopted under those~~	13140
~~sections, and any applicable procedures in Chapter 5104. of the~~	13141
~~Revised Code and investigates any complaints filed pursuant to~~	13142
~~those sections or rules. The contract shall require the department~~	13143
~~of job and family services to pay the department of education for~~	13144
~~conducting the inspections and investigations an amount equal to~~	13145
~~the amount that the department of job and family services would~~	13146
~~expend conducting the same number of inspections and~~	13147
~~investigations with its employees under Chapter 5104. of the~~	13148
~~Revised Code.~~	13149

~~(D)~~ The department of education, at least twice during every	13150
twelve-month period of operation of a preschool program or a	13151
licensed school child program, shall inspect the program and	13152
provide a written inspection report to the superintendent of the	13153
school district, county MR/DD board, eligible nonpublic school,	13154
head start grantee, or head start delegate agency. At least one	13155
inspection shall be unannounced, and all inspections may be	13156
unannounced. No person shall interfere with any inspection	13157
conducted pursuant to this division or to the rules adopted	13158
pursuant to sections 3301.52 to 3301.59 of the Revised Code.	13159

Upon receipt of any complaint that a preschool program or a	13160
licensed school child program is out of compliance with the	13161
requirements in sections 3301.52 to 3301.59 of the Revised Code or	13162
the rules adopted under those sections, the department shall	13163
investigate and may inspect the program.	13164

~~(E)~~(D) If a preschool program or a licensed school child	13165
program is determined to be out of compliance with the	13166
requirements of sections 3301.52 to 3301.59 of the Revised Code or	13167
the rules adopted under those sections, the department of	13168
education shall notify the appropriate superintendent, county	13169
MR/DD board, eligible nonpublic school, head start grantee, or	13170
head start delegate agency in writing regarding the nature of the	13171
violation, what must be done to correct the violation, and by what	13172
date the correction must be made. If the correction is not made by	13173
the date established by the department, it may commence action	13174
under Chapter 119. of the Revised Code to close the program or to	13175
revoke the license of the program. If a program does not comply	13176
with an order to cease operation issued in accordance with Chapter	13177
119. of the Revised Code, the department shall notify the attorney	13178
general, the prosecuting attorney of the county in which the	13179
program is located, or the city attorney, village solicitor, or	13180
other chief legal officer of the municipal corporation in which	13181
the program is located that the program is operating in violation	13182
of sections 3301.52 to 3301.59 of the Revised Code or the rules	13183
adopted under those sections and in violation of an order to cease	13184
operation issued in accordance with Chapter 119. of the Revised	13185
Code. Upon receipt of the notification, the attorney general,	13186
prosecuting attorney, city attorney, village solicitor, or other	13187
chief legal officer shall file a complaint in the court of common	13188
pleas of the county in which the program is located requesting the	13189
court to issue an order enjoining the program from operating. The	13190
court shall grant the requested injunctive relief upon a showing	13191
that the program named in the complaint is operating in violation	13192
of sections 3301.52 to 3301.59 of the Revised Code or the rules	13193
adopted under those sections and in violation of an order to cease	13194
operation issued in accordance with Chapter 119. of the Revised	13195
Code.	13196

~~(F)~~(E) The department of education shall prepare an annual	13197
report on inspections conducted under this section. The report	13198
shall include the number of inspections conducted, the number and	13199
types of violations found, and the steps taken to address the	13200
violations. The department shall file the report with the	13201
governor, the president and minority leader of the senate, and the	13202
speaker and minority leader of the house of representatives on or	13203
before the first day of January of each year, beginning in 1999.	13204

Sec. 3301.58. (A) The department of education is responsible	13205
for the licensing of preschool programs and school child programs	13206
and for the enforcement of sections 3301.52 to 3301.59 of the	13207
Revised Code and of any rules adopted under those sections. No	13208
school district board of education, county MR/DD board, or	13209
eligible nonpublic school~~, head start grantee, or head start~~	13210
~~delegate agency~~ shall operate, establish, manage, conduct, or	13211
maintain a preschool program without a license issued under this	13212
section. A school district board of education, county MR/DD board,	13213
or eligible nonpublic school may obtain a license under this	13214
section for a school child program. The school district board of	13215
education, county MR/DD board, or eligible nonpublic school~~, head~~	13216
~~start grantee, or head start delegate agency~~ shall post the	13217
current license for each preschool program and licensed school	13218
child program it operates, establishes, manages, conducts, or	13219
maintains in a conspicuous place in the preschool program or	13220
licensed school child program that is accessible to parents,	13221
custodians, or guardians and employees and staff members of the	13222
program at all times when the program is in operation.	13223

(B) Any school district board of education, county MR/DD	13224
board, or eligible nonpublic school~~, head start grantee, or head~~	13225
~~start delegate agency~~ that desires to operate, establish, manage,	13226
conduct, or maintain a preschool program shall apply to the	13227
department of education for a license on a form that the	13228
department shall prescribe by rule. Any school district board of	13229
education, county MR/DD board, or eligible nonpublic school that	13230
desires to obtain a license for a school child program shall apply	13231
to the department for a license on a form that the department	13232
shall prescribe by rule. The department shall provide at no charge	13233
to each applicant for a license under this section a copy of the	13234
requirements under sections 3301.52 to 3301.59 of the Revised Code	13235
and any rules adopted under those sections. The department shall	13236
mail application forms for the renewal of a license at least one	13237
hundred twenty days prior to the date of the expiration of the	13238
license, and the application for renewal of a license shall be	13239
filed with the department at least sixty days before the date of	13240
the expiration of the existing license. The department may	13241
establish application fees by rule adopted under Chapter 119. of	13242
the Revised Code, and all applicants for a license shall pay any	13243
fee established by the department at the time of making an	13244
application for a license. All fees collected pursuant to this	13245
section shall be paid into the state treasury to the credit of the	13246
general revenue fund.	13247

(C) Upon the filing of an application for a license, the	13248
department of education shall investigate and inspect the	13249
preschool program or school child program to determine the license	13250
capacity for each age category of children of the program and to	13251
determine whether the program complies with sections 3301.52 to	13252
3301.59 of the Revised Code and any rules adopted under those	13253
sections. When, after investigation and inspection, the department	13254
of education is satisfied that sections 3301.52 to 3301.59 of the	13255
Revised Code and any rules adopted under those sections are	13256
complied with by the applicant, the department of education shall	13257
issue the program a provisional license as soon as practicable in	13258
the form and manner prescribed by the rules of the department. The	13259
provisional license shall be valid for six months from the date of	13260
issuance unless revoked.	13261

(D) The department of education shall investigate and inspect	13262
a preschool program or school child program that has been issued a	13263
provisional license at least once during operation under the	13264
provisional license. If, after the investigation and inspection,	13265
the department of education determines that the requirements of	13266
sections 3301.52 to 3301.59 of the Revised Code and any rules	13267
adopted under those sections are met by the provisional licensee,	13268
the department of education shall issue a license that is	13269
effective for two years from the date of the issuance of the	13270
provisional license.	13271

(E) Upon the filing of an application for the renewal of a	13272
license by a preschool program or school child program, the	13273
department of education shall investigate and inspect the	13274
preschool program or school child program. If the department of	13275
education determines that the requirements of sections 3301.52 to	13276
3301.59 of the Revised Code and any rules adopted under those	13277
sections are met by the applicant, the department of education	13278
shall renew the license for two years from the date of the	13279
expiration date of the previous license.	13280

(F) The license or provisional license shall state the name	13281
of the school district board of education, county MR/DD board, or	13282
eligible nonpublic school~~, head start grantee, or head start~~	13283
~~delegate agency~~ that operates the preschool program or school	13284
child program and the license capacity of the program. The license	13285
shall include any other information required by section 5104.03 of	13286
the Revised Code for the license of a child day-care center.	13287

(G) The department of education may revoke the license of any	13288
preschool program or school child program that is not in	13289
compliance with the requirements of sections 3301.52 to 3301.59 of	13290
the Revised Code and any rules adopted under those sections.	13291

(H) If the department of education revokes a license or	13292
refuses to renew a license to a program, the department shall not	13293
issue a license to the program within two years from the date of	13294
the revocation or refusal. All actions of the department with	13295
respect to licensing preschool programs and school child programs	13296
shall be in accordance with Chapter 119. of the Revised Code.	13297

Sec. 3301.80. (A) There is hereby created the ~~Ohio~~ SchoolNet	13298
~~commission as an independent agency~~office within the department	13299
of education. The ~~commission~~office shall administer programs to	13300
provide financial and other assistance to school districts and	13301
other educational institutions for the acquisition and utilization	13302
of educational technology.	13303

~~The commission is a body corporate and politic, an agency of~~	13304
~~the state performing essential governmental functions of the~~	13305
~~state.~~	13306

(B)(1) ~~The commission shall consist of eleven members, seven~~	13307
~~of whom are voting members. Of the voting members, one shall be~~	13308
~~appointed by the speaker of the house of representatives and one~~	13309
~~shall be appointed by the president of the senate. The members~~	13310
~~appointed by the speaker of the house and the president of the~~	13311
~~senate shall not be members of the general assembly. The state~~	13312
~~superintendent of public instruction or a designee of the~~	13313
~~superintendent, the director of budget and management or a~~	13314
~~designee of the director, the director of administrative services~~	13315
~~or a designee of the director, the chairperson of the public~~	13316
~~utilities commission or a designee of the chairperson, and the~~	13317
~~director of the Ohio educational telecommunications network~~	13318
~~commission or a designee of the director shall serve on the~~	13319
~~commission as ex officio voting members. Of the nonvoting members,~~	13320
~~two shall be members of the house of representatives appointed by~~	13321
~~the speaker of the house and two shall be members of the senate~~	13322
~~appointed by the president of the senate. The members appointed~~	13323
~~from each house shall not be members of the same political party.~~	13324
~~The commission shall appoint officers from among its members.~~	13325

~~(2) The members shall serve without compensation. The voting~~	13326
~~members appointed by the speaker of the house of representatives~~	13327
~~and the president of the senate shall be reimbursed, pursuant to~~	13328
~~office of budget and management guidelines, for necessary expenses~~	13329
~~incurred in the performance of official duties.~~	13330

~~(3) The terms of office for the members appointed by the~~	13331
~~speaker of the house and the president of the senate shall be for~~	13332
~~two years, with each term ending on the same day of the same month~~	13333
~~as did the term that it succeeds, except that the voting members~~	13334
~~so appointed may be removed at anytime by their respective~~	13335
~~appointing authority. The members appointed by the speaker of the~~	13336
~~house and the president of the senate may be reappointed. Any~~	13337
~~member appointed from the house of representatives or senate who~~	13338
~~ceases to be a member of the legislative house from which the~~	13339
~~member was appointed shall cease to be a member of the commission.~~	13340
~~Vacancies among appointed members shall be filled in the manner~~	13341
~~provided for original appointments. Any member appointed to fill a~~	13342
~~vacancy occurring prior to the expiration date of the term for~~	13343
~~which a predecessor was appointed shall hold office as a member~~	13344
~~for the remainder of that term. The members appointed by the~~	13345
~~speaker of the house and the president of the senate shall~~	13346
~~continue in office subsequent to the expiration date of that~~	13347
~~member's term until a successor takes office or until a period of~~	13348
~~sixty days has elapsed, whichever occurs first.~~	13349

~~(C)(1)~~ The ~~commission~~office shall be under the supervision	13350
of ~~an executive director who shall be appointed by the commission.~~	13351
~~The executive director shall serve at the pleasure of~~ the	13352
~~commission and~~superintendent of public instruction, who shall	13353
direct ~~commission~~office employees in the administration of all	13354
programs for the provision of financial and other assistance to	13355
school districts and other educational institutions for the	13356
acquisition and utilization of educational technology.	13357

(2) The employees of the ~~Ohio~~ SchoolNet ~~commission~~office	13358
shall be placed in the unclassified service. ~~The commission shall~~	13359
~~fix the compensation of the executive director.~~ The ~~executive~~	13360
~~director~~superintendent shall employ and fix the compensation for	13361
such employees as necessary to facilitate the activities and	13362
purposes of the commission. The employees shall serve at the	13363
pleasure of the ~~executive director~~superintendent.	13364

(3) The employees of the ~~Ohio~~ SchoolNet ~~commission~~office	13365
shall be exempt from Chapter 4117. of the Revised Code and shall	13366
not be public employees as defined in section 4117.01 of the	13367
Revised Code.	13368

~~(D)~~(C) The ~~Ohio~~ SchoolNet ~~commission~~office shall do all of	13369
the following:	13370

(1) Make grants to institutions and other organizations as	13371
prescribed by the general assembly for the provision of technical	13372
assistance, professional development, and other support services	13373
to enable school districts, community schools established under	13374
Chapter 3314. of the Revised Code, and other educational	13375
institutions to utilize educational technology;	13376

(2) Contract with ~~the department of education,~~ state	13377
institutions of higher education, private nonprofit institutions	13378
of higher education holding certificates of authorization under	13379
section 1713.02 of the Revised Code, and such other public or	13380
private entities as the ~~executive director~~superintendent deems	13381
necessary for the administration and implementation of the	13382
programs ~~under~~administered by the ~~commission's jurisdiction~~	13383
office;	13384

(3) Establish a reporting system to which school districts,	13385
community schools established under Chapter 3314. of the Revised	13386
Code, and other educational institutions receiving financial	13387
assistance pursuant to this section for the acquisition of	13388
educational technology report information as to the manner in	13389
which such assistance was expended, the manner in which the	13390
equipment or services purchased with the assistance is being	13391
utilized, the results or outcome of this utilization, and other	13392
information as may be required by the ~~commission~~office;	13393

(4) Establish necessary guidelines governing purchasing and	13394
procurement by participants in programs administered by the	13395
~~commission~~office that facilitate the timely and effective	13396
implementation of such programs;	13397

(5) Take into consideration the efficiency and cost savings	13398
of statewide procurement prior to allocating and releasing funds	13399
for any programs under its administration.	13400

~~(E)(1) The executive director shall implement policies and~~	13401
~~directives issued by the Ohio SchoolNet commission.~~	13402

~~(2)~~(D) The ~~Ohio~~ SchoolNet ~~commission~~office may establish a	13403
systems support network to facilitate the timely implementation of	13404
the programs, projects, or activities for which it provides	13405
assistance.	13406

~~(3)~~(E) Chapters 123., 124., 125., and 153., and sections	13407
9.331, 9.332, and 9.333 of the Revised Code do not apply to	13408
contracts, programs, projects, or activities of the ~~Ohio~~ SchoolNet	13409
~~commission~~office.	13410

Sec. 3301.801. (A) The ~~Ohio SchoolNet commission~~department	13411
of education shall create and maintain a clearinghouse for	13412
classroom teachers, including any classroom teachers employed by	13413
community schools established under Chapter 3314. of the Revised	13414
Code, to easily obtain lesson plans and materials and other	13415
practical resources for use in classroom teaching. The ~~commission~~	13416
department shall develop a method of obtaining submissions, from	13417
classroom teachers and others, of such plans, materials, and other	13418
resources that have been used in the classroom and that can be	13419
readily used and implemented by classroom teachers in their	13420
regular teaching activities. The ~~commission~~department also shall	13421
develop methods of informing classroom teachers of both the	13422
availability of such plans, materials, and other resources, and of	13423
the opportunity to submit such plans, materials, and other	13424
resources and other classroom teaching ideas to the clearinghouse.	13425

The department ~~of education~~ shall regularly identify	13426
research-based practices concerned with scheduling and allotting	13427
instructional time and ~~submit~~include such practices ~~to the~~	13428
~~commission for inclusion~~ in the clearinghouse.	13429

The ~~commission~~department shall periodically report to the	13430
speaker and minority leader of the house of representatives, the	13431
president and minority leader of the senate, and the chairpersons	13432
and ranking minority members of the education committees of the	13433
senate and the house of representatives regarding the	13434
clearinghouse and make recommendations for changes in state law or	13435
administrative rules that may facilitate the usefulness of the	13436
clearinghouse.	13437

(B) Not later than one year after ~~the effective date of this~~	13438
~~amendment~~September 11, 2001, the department ~~of education~~ shall	13439
identify research studies on academic intervention and prevention	13440
practices that have been successful in improving the academic	13441
performance of students from different ethnic and socioeconomic	13442
groups, develop an annotated bibliography of such studies, and	13443
~~provide that bibliography to the Ohio SchoolNet commission. The~~	13444
~~commission shall~~ promptly make the bibliography available to	13445
school districts as a part of the clearinghouse established under	13446
this section.	13447

Sec. 3311.52. A cooperative education school district may be	13448
established pursuant to divisions (A) to (C) of this section or	13449
pursuant to section 3311.521 of the Revised Code.	13450

(A) A cooperative education school district may be	13451
established upon the adoption of identical resolutions within a	13452
sixty-day period by a majority of the members of the board of	13453
education of each city, local, and exempted village school	13454
district that is within the territory of a county school financing	13455
district.	13456

A copy of each resolution shall be filed with the board of	13457
education of the educational service center which created the	13458
county school financing district. Upon the filing of the last such	13459
resolution, the educational service center governing board shall	13460
immediately notify each board of education filing such a	13461
resolution of the date on which the last resolution was filed.	13462

Ten days after the date on which the last resolution is filed	13463
with the educational service center governing board or ten days	13464
after the last of any notices required under division (C) of this	13465
section is received by the educational service center governing	13466
board, whichever is later, the county school financing district	13467
shall be dissolved and the new cooperative education school	13468
district and the board of education of the cooperative education	13469
school district shall be established.	13470

On the date that any county school financing district is	13471
dissolved and a cooperative education school district is	13472
established under this section, each of the following shall apply:	13473

(1) The territory of the dissolved district becomes the	13474
territory of the new district.	13475

(2) Any outstanding tax levy in force in the dissolved	13476
district shall be spread over the territory of the new district	13477
and shall remain in force in the new district until the levy	13478
expires or is renewed.	13479

(3) Any funds of the dissolved district shall be paid over in	13480
full to the new district.	13481

(4) Any net indebtedness of the dissolved district shall be	13482
assumed in full by the new district. As used in division (A)(4) of	13483
this section, "net indebtedness" means the difference between the	13484
par value of the outstanding and unpaid bonds and notes of the	13485
dissolved district and the amount held in the sinking fund and	13486
other indebtedness retirement funds for their redemption.	13487

When a county school financing district is dissolved and a	13488
cooperative education school district is established under this	13489
section, the governing board of the educational service center	13490
that created the dissolved district shall give written notice of	13491
this fact to the county auditor and the board of elections of each	13492
county having any territory in the new district.	13493

(B) The resolutions adopted under division (A) of this	13494
section shall include all of the following provisions:	13495

(1) Provision that the governing board of the educational	13496
service center which created the county school financing district	13497
shall be the board of education of the cooperative education	13498
school district, except that provision may be made for the	13499
composition, selection, and terms of office of an alternative	13500
board of education of the cooperative district, which board shall	13501
include at least one member selected from or by the members of the	13502
board of education of each city, local, and exempted village	13503
school district and at least one member selected from or by the	13504
members of the educational service center governing board within	13505
the territory of the cooperative district;	13506

(2) Provision that the treasurer and superintendent of the	13507
educational service center which created the county school	13508
financing district shall be the treasurer and superintendent of	13509
the cooperative education school district, except that provision	13510
may be made for the selection of a treasurer or superintendent of	13511
the cooperative district other than the treasurer or	13512
superintendent of the educational service center, which provision	13513
shall require one of the following:	13514

(a) The selection of one person as both the treasurer and	13515
superintendent of the cooperative district, which provision may	13516
require such person to be the treasurer or superintendent of any	13517
city, local, or exempted village school district or educational	13518
service center within the territory of the cooperative district;	13519

(b) The selection of one person as the treasurer and another	13520
person as the superintendent of the cooperative district, which	13521
provision may require either one or both such persons to be	13522
treasurers or superintendents of any city, local, or exempted	13523
village school districts or educational service center within the	13524
territory of the cooperative district.	13525

(3) A statement of the educational program the board of	13526
education of the cooperative education school district will	13527
conduct, including but not necessarily limited to the type of	13528
educational program, the grade levels proposed for inclusion in	13529
the program, the timetable for commencing operation of the	13530
program, and the facilities proposed to be used or constructed to	13531
be used by the program;	13532

(4) A statement of the annual amount, or the method for	13533
determining that amount, of funds or services or facilities that	13534
each city, local, and exempted village school district within the	13535
territory of the cooperative district is required to pay to or	13536
provide for the use of the board of education of the cooperative	13537
education school district;	13538

(5) Provision for adopting amendments to the provisions of	13539
divisions (B)(2) to (4) of this section.	13540

(C) If the resolutions adopted under division (A) of this	13541
section provide for a board of education of the cooperative	13542
education school district that is not the governing board of the	13543
educational service center that created the county school	13544
financing district, each board of education of each city, local,	13545
or exempted village school district and the governing board of the	13546
educational service center within the territory of the cooperative	13547
district shall, within thirty days after the date on which the	13548
last resolution is filed with the educational service center	13549
governing board under division (A) of this section, select one or	13550
more members of the board of education of the cooperative district	13551
as provided in the resolutions filed with the educational service	13552
center governing board. Each such board shall immediately notify	13553
the educational ~~services~~service center governing board of each	13554
such selection.	13555

(D) Except for the powers and duties in this chapter and	13556
Chapters 124., 3317., 3318., 3323., and 3331. of the Revised Code,	13557
a cooperative education school district established pursuant to	13558
divisions (A) to (C) of this section or pursuant to section	13559
3311.521 of the Revised Code has all the powers of a city school	13560
district and its board of education has all the powers and duties	13561
of a board of education of a city school district with respect to	13562
the educational program specified in the resolutions adopted under	13563
division (A) of this section. All laws applicable to a city school	13564
district or the board of education or the members of the board of	13565
education of a city school district, except such laws in this	13566
chapter and Chapters 124., 3317., 3318., 3323., and 3331. of the	13567
Revised Code, are applicable to a cooperative education school	13568
district and its board.	13569

The treasurer and superintendent of a cooperative education	13570
school district shall have the same respective duties and powers	13571
as a treasurer and superintendent of a city school district,	13572
except for any powers and duties in this chapter and Chapters	13573
124., 3317., 3318., 3323., and 3331. of the Revised Code.	13574

(E) For purposes of this title, any student included in the	13575
formula ADM or average daily attendance certified for any city,	13576
exempted village, or local school district under section 3317.03	13577
or 3317.034 of the Revised Code by virtue of being counted, in	13578
whole or in part, in the average daily membership or average daily	13579
attendance of a cooperative education school district under	13580
~~division (A)(2)(f) of that~~either section shall be construed to be	13581
enrolled both in that city, exempted village, or ~~village~~local	13582
school district and in that cooperative education school district.	13583
This division shall not be construed to mean that any such	13584
individual student may be counted more than once for purposes of	13585
determining the average daily membership or average daily	13586
attendance of any one school district.	13587

Sec. 3313.647. As used in this division, "graduate" means a	13588
person who has received a diploma from a district pursuant to	13589
section 3313.61 of the Revised Code.	13590

Pursuant to rules adopted by the state board of education, a	13591
city, local, exempted village, or joint vocational school district	13592
may establish a policy guaranteeing a specific level of competency	13593
of certain graduates of the district. The guarantee policy shall	13594
specify that any graduate meeting specified criteria established	13595
by the board is capable of performing specified functions at a	13596
level established in the policy. Any employer or potential	13597
employer of a graduate who is guaranteed under such a policy may	13598
submit a written statement to the board of education stating the	13599
guaranteed graduate of its district does not meet the level of	13600
competency specified in the district's guarantee policy. Upon	13601
receipt of such statement the board of education shall provide an	13602
opportunity for additional education to the graduate, regardless	13603
of the graduate's age or place of residence, until such individual	13604
attains the competency level specified in the policy. No fee shall	13605
be charged to any person or government entity for such additional	13606
education. A school board may expend school funds for a guarantee	13607
program; however, no student participating in the program shall be	13608
included in the formula ADM or average daily attendance of the	13609
district as determined under section 3317.03 or 3317.034 of the	13610
Revised Code or included as a participant in any other program, if	13611
such inclusion would result in additional state funds to the	13612
school district.	13613

The state board of education shall adopt rules for the	13614
adoption of a policy under this section and for the additional	13615
education program described under this section.	13616

Sec. 3313.90. As used in this section, "formula ADM" ~~has~~and	13617
"average daily attendance" have the same ~~meaning~~meanings as in	13618
section 3317.02 of the Revised Code. Notwithstanding division (D)	13619
of section 3311.19 and division (D) of section 3311.52 of the	13620
Revised Code, the provisions of this section that apply to a city	13621
school district do not apply to any joint vocational or	13622
cooperative education school district.	13623

(A) Each city, local, and exempted village school district	13624
shall, by one of the following means, provide vocational education	13625
adequate to prepare a pupil enrolled therein for an occupation:	13626

(1) Establishing and maintaining a vocational education	13627
program that meets standards adopted by the state board of	13628
education;	13629

(2) Being a member of a joint vocational school district that	13630
meets standards adopted by the state board;	13631

(3) Contracting for vocational education with a joint	13632
vocational school district or another school district that meets	13633
the standards adopted by the state board.	13634

The standards of the state board of education shall include	13635
criteria for the participation by nonpublic students in vocational	13636
education programs without financial assessment, charge, or	13637
tuition to such student except such assessments, charges, or	13638
tuition paid by resident public school students in such programs.	13639
Such nonpublic school students shall be included in the formula	13640
ADM or average daily attendance of the school district maintaining	13641
the vocational education program as part-time students in	13642
proportion to the time spent in the vocational education program.	13643

By the thirtieth day of October of each year, the	13644
superintendent of public instruction shall determine and certify	13645
to the superintendent of each school district subject to this	13646
section either that the district is in compliance with the	13647
requirements of this section for the current school year or that	13648
the district is not in compliance. If the superintendent certifies	13649
that the district is not in compliance, he shall notify the board	13650
of education of the district of the actions necessary to bring the	13651
district into compliance with this section.	13652

In meeting standards established by the state board of	13653
education, school districts, where practicable, shall provide	13654
vocational programs in high schools. A minimum enrollment of	13655
fifteen hundred pupils in grades nine through twelve is	13656
established as a base for comprehensive vocational course	13657
offerings. A school district may meet this requirement alone,	13658
through a cooperative arrangement pursuant to section 3313.92 of	13659
the Revised Code, through school district consolidation, by	13660
membership in a joint vocational school district, by contract with	13661
a school district, by contract with a school licensed by any state	13662
agency established by the Revised Code which school operates its	13663
courses offered for contracting with public schools under	13664
standards as to staffing and facilities comparable to those	13665
prescribed by the state board of education for public schools	13666
provided no instructor in such courses shall be required to be	13667
certificated by the state department of education, or in a	13668
combination of such ways. Exceptions to the minimum requirement of	13669
fifteen hundred pupils may be made by the state board of education	13670
based on sparsity of population or other factors indicating that	13671
comprehensive educational and vocational programs as required by	13672
this section can be provided through an alternate plan.	13673

(B) Approval of state funds for the construction and	13674
operation of vocational facilities in any city, local, or exempted	13675
village school district shall be contingent upon a comprehensive	13676
vocational program plan approved by the state board of education	13677
no later than July 1, 1970. The state board of education shall not	13678
approve a school district plan unless the plan proposed reasonably	13679
meets the vocational needs of other school districts in the	13680
general area of the school districts in the general area of the	13681
school district submitting the plan. The plan shall be submitted	13682
to the state board of education no later than April 1, 1970. Such	13683
plan shall contain:	13684

(1) The organization for vocational education pursuant to the	13685
requirements of this section;	13686

(2) Vocational programs to be offered in the respective	13687
comprehensive high schools, in specialized schools or skill	13688
centers, and in joint vocational schools;	13689

(3) Remodeled, additional, and new vocational facilities	13690
required at the respective locations.	13691

In approving the organization for vocational education the	13692
state board of education shall provide that no city, local, or	13693
exempted village school district is excluded in the statewide	13694
plan.	13695

Sec. 3313.41. (A) Except as provided in divisions (C), (D),	13696
(F), and (G) of this section, when a board of education decides to	13697
dispose of real or personal property that it owns in its corporate	13698
capacity, and that exceeds in value ten thousand dollars, it shall	13699
sell the property at public auction, after giving at least thirty	13700
days' notice of the auction by publication in a newspaper of	13701
general circulation or by posting notices in five of the most	13702
public places in the school district in which the property, if it	13703
is real property, is situated, or, if it is personal property, in	13704
the school district of the board of education that owns the	13705
property. The board may offer real property for sale as an entire	13706
tract or in parcels.	13707

(B) When the board of education has offered real or personal	13708
property for sale at public auction at least once pursuant to	13709
division (A) of this section, and the property has not been sold,	13710
the board may sell it at a private sale. Regardless of how it was	13711
offered at public auction, at a private sale, the board shall, as	13712
it considers best, sell real property as an entire tract or in	13713
parcels, and personal property in a single lot or in several lots.	13714

(C) If a board of education decides to dispose of real or	13715
personal property that it owns in its corporate capacity and that	13716
exceeds in value ten thousand dollars, it may sell the property to	13717
the adjutant general; to any subdivision or taxing authority as	13718
respectively defined in divisions (A) and (C) of section 5705.01	13719
of the Revised Code, township park district, board of park	13720
commissioners established under Chapter 755. of the Revised Code,	13721
or park district established under Chapter 1545. of the Revised	13722
Code; to a wholly or partially tax-supported university,	13723
university branch, or college; or to the board of trustees of a	13724
school district library, upon such terms as are agreed upon. The	13725
sale of real or personal property to the board of trustees of a	13726
school district library is limited, in the case of real property,	13727
to a school district library within whose boundaries the real	13728
property is situated, or, in the case of personal property, to a	13729
school district library whose boundaries lie in whole or in part	13730
within the school district of the selling board of education.	13731

(D) When a board of education decides to trade as a part or	13732
an entire consideration, an item of personal property on the	13733
purchase price of an item of similar personal property, it may	13734
trade the same upon such terms as are agreed upon by the parties	13735
to the trade.	13736

(E) The president and the treasurer of the board of education	13737
shall execute and deliver deeds or other necessary instruments of	13738
conveyance to complete any sale or trade under this section.	13739

(F) When a board of education has identified a parcel of real	13740
property that it determines is needed for school purposes, the	13741
board may, upon a majority vote of the members of the board,	13742
acquire that property by exchanging real property that the board	13743
owns in its corporate capacity for the identified real property or	13744
by using real property that the board owns in its corporate	13745
capacity as part or an entire consideration for the purchase price	13746
of the identified real property. Any exchange or acquisition made	13747
pursuant to this division shall be made by a conveyance executed	13748
by the president and the treasurer of the board.	13749

(G)(1) When a school district board of education decides to	13750
dispose of real property suitable for use as classroom space,	13751
prior to disposing of such property under division (A) through (F)	13752
of this section, it shall first offer that property for sale to	13753
the governing authorities of the start-up community schools,	13754
established under Chapter 3314. of the Revised Code and located	13755
within the territory of the school district, at a price that is	13756
not higher than the appraised fair market value of that property.	13757
If more than one community school governing authority accepts the	13758
offer made by the school district board, the board shall sell the	13759
property to the governing authority that accepted the offer first	13760
in time. If no community school governing authority accepts the	13761
offer within sixty days after the offer is made by the school	13762
district board, the board may dispose of the property in the	13763
applicable manner prescribed under divisions (A) to (F) of this	13764
section.	13765

(2) If disposal of real property is planned as a part of a	13766
school district project under Chapter 3318. of the Revised Code,	13767
the Ohio school facilities commission shall not release any state	13768
funds to a school district until the district has complied with	13769
the provisions of division (G)(1) of this section.	13770

Sec. 3313.979. Each scholarship ~~or grant~~ to be used for	13771
payments to a registered private school ~~or to an approved tutorial~~	13772
~~assistance provider~~ is payable to the parents of the student	13773
entitled to the scholarship ~~or grant~~. Each scholarship to be used	13774
for payments to a public school in an adjacent school district is	13775
payable to the school district of attendance by the superintendent	13776
of public instruction. Each grant to be used for payments to an	13777
approved tutorial assistance provider is payable to the approved	13778
tutorial assistance provider.	13779

(A)(1) By the fifteenth day of each month of the school year	13780
that any scholarship students are enrolled in a registered private	13781
school, the chief administrator of that school shall notify the	13782
state superintendent of:	13783

(a) The number of students who were reported to the school	13784
district as having been admitted by that private school pursuant	13785
to division (A)(2)(b) of section 3313.978 of the Revised Code and	13786
who were still enrolled in the private school as of the first day	13787
of such month, and the numbers of such students who qualify for	13788
seventy-five and ninety per cent of the scholarship amount;	13789

(b) The number of students who were reported to the school	13790
district as having been admitted by another private school	13791
pursuant to division (A)(2)(b) of section 3313.978 of the Revised	13792
Code and since the date of admission have transferred to the	13793
school providing the notification under division (A)(1) of this	13794
section, and the numbers of such students who qualify for	13795
seventy-five and ninety per cent of the scholarship amount.	13796

(2) From time to time, the state superintendent shall make a	13797
payment to the parent of each student entitled to a scholarship.	13798
Each payment shall include for each student reported under	13799
division (A)(1) of this section, a portion of seventy-five or	13800
ninety per cent, as applicable, of the scholarship amount	13801
specified in divisions (C)(1) and (2) of section 3313.978 of the	13802
Revised Code. This amount shall be proportionately reduced in the	13803
case of any such student who is not enrolled in a registered	13804
private school for the entire school year.	13805

(3) The first payment under this division shall be made by	13806
the last day of November and shall equal one-third of seventy-five	13807
or ninety per cent, as applicable, of the estimated total amount	13808
that will be due to the parent for the school year pursuant to	13809
division (A)(2) of this section.	13810

(B) The state superintendent, on behalf of the parents of a	13811
scholarship student enrolled in a public school in an adjacent	13812
school district pursuant to section 3327.06 of the Revised Code,	13813
shall make the tuition payments required by that section to the	13814
school district admitting the student, except that,	13815
notwithstanding sections 3323.13, 3323.14, and 3327.06 of the	13816
Revised Code, the total payments in any school year shall not	13817
exceed seventy-five or ninety per cent, as applicable, of the	13818
scholarship amount provided in divisions (C)(1) and (2) of section	13819
3313.978 of the Revised Code.	13820

(C) Whenever an approved provider provides tutorial	13821
assistance to a student, the state superintendent shall pay the	13822
~~parent~~approved provider for such costs upon receipt of a	13823
statement ~~from the parent~~ specifying the services provided and the	13824
costs of the services, which statement shall be signed by the	13825
provider and verified by the chief administrator having	13826
supervisory control over the tutoring site. The total payments to	13827
any ~~parent~~approved provider under this division for all provider	13828
services to any individual student in any school year shall not	13829
exceed seventy-five or ninety per cent, as applicable, of the	13830
grant amount provided in division (C)(3) of section 3313.978 of	13831
the Revised Code.	13832

Sec. 3313.981. (A) The state board shall adopt rules	13833
requiring all of the following:	13834

(1) The board of education of each city, exempted village,	13835
and local school district to annually report to the department of	13836
education all of the following:	13837

(a) The number of adjacent district or other district	13838
students, as applicable, and adjacent district or other district	13839
joint vocational students, as applicable, enrolled in the district	13840
and the number of native students enrolled in adjacent or other	13841
districts, in accordance with a policy adopted under division (B)	13842
of section 3313.98 of the Revised Code;	13843

(b) Each adjacent district or other district student's or	13844
adjacent district or other district joint vocational student's	13845
date of enrollment in the district;	13846

(c) The full-time equivalent number of adjacent district or	13847
other district students enrolled in vocational education programs	13848
or classes described in division (A) of section 3317.014 of the	13849
Revised Code and the full-time equivalent number of such students	13850
enrolled in vocational education programs or classes described in	13851
division (B) of that section;	13852

(d) Each native student's date of enrollment in an adjacent	13853
or other district.	13854

(2) The board of education of each joint vocational school	13855
district to annually report to the department all of the	13856
following:	13857

(a) The number of adjacent district or other district joint	13858
vocational students, as applicable, enrolled in the district;	13859

(b) The full-time equivalent number of adjacent district or	13860
other district joint vocational students enrolled in vocational	13861
education programs or classes described in division (A) of section	13862
3317.014 of the Revised Code and the full-time equivalent number	13863
of such students enrolled in vocational education programs or	13864
classes described in division (B) of that section;	13865

(c) For each adjacent district or other district joint	13866
vocational student, the city, exempted village, or local school	13867
district in which the student is also enrolled.	13868

(3) Prior to the first full school week in October each year,	13869
the superintendent of each city, local, or exempted village school	13870
district that admits adjacent district or other district students	13871
or adjacent district or other district joint vocational students	13872
in accordance with a policy adopted under division (B) of section	13873
3313.98 of the Revised Code to notify each adjacent or other	13874
district where those students are entitled to attend school under	13875
section 3313.64 or 3313.65 of the Revised Code of the number of	13876
the adjacent or other district's native students who are enrolled	13877
in the superintendent's district under the policy.	13878

The rules shall provide for the method of counting students	13879
who are enrolled for part of a school year in an adjacent or other	13880
district or as an adjacent district or other district joint	13881
vocational student.	13882

(B) From the payments made to a city, exempted village, or	13883
local school district under Chapter 3317. of the Revised Code, the	13884
department of education shall annually subtract both of the	13885
following:	13886

(1) An amount equal to the number of the district's native	13887
students reported under division (A)(1) of this section who are	13888
enrolled in adjacent or other school districts pursuant to	13889
policies adopted by such districts under division (B) of section	13890
3313.98 of the Revised Code multiplied by the adjusted formula	13891
amount for the district;	13892

(2) The excess costs computed in accordance with division (E)	13893
of this section for any such native students receiving special	13894
education and related services in adjacent or other school	13895
districts or as an adjacent district or other district joint	13896
vocational student;	13897

(3) For the full-time equivalent number of the district's	13898
native students reported under division (A)(1)(c) or (2)(b) of	13899
this section as enrolled in vocational education programs or	13900
classes described in section 3317.014 of the Revised Code, an	13901
amount equal to the formula amount times the applicable multiple	13902
prescribed by that section.	13903

(C) To the payments made to a city, exempted village, or	13904
local school district under Chapter 3317. of the Revised Code, the	13905
department of education shall annually add all of the following:	13906

(1) An amount equal to the adjusted formula amount for the	13907
district multiplied by the remainder obtained by subtracting the	13908
number of adjacent district or other district joint vocational	13909
students from the number of adjacent district or other district	13910
students enrolled in the district, as reported under division	13911
(A)(1) of this section;	13912

(2) The excess costs computed in accordance with division (E)	13913
of this section for any adjacent district or other district	13914
students, except for any adjacent or other district joint	13915
vocational students, receiving special education and related	13916
services in the district;	13917

(3) For the full-time equivalent number of the adjacent or	13918
other district students who are not adjacent district or other	13919
district joint vocational students and are reported under division	13920
(A)(1)(c) of this section as enrolled in vocational education	13921
programs or classes described in section 3317.014 of the Revised	13922
Code, an amount equal to the formula amount times the applicable	13923
multiple prescribed by that section;	13924

(4) An amount equal to the number of adjacent district or	13925
other district joint vocational students reported under division	13926
(A)(1) of this section multiplied by an amount equal to one-fourth	13927
of the adjusted formula amount for the district.	13928

(D) To the payments made to a joint vocational school	13929
district under Chapter 3317. of the Revised Code, the department	13930
of education shall add, for each adjacent district or other	13931
district joint vocational student reported under division (A)(2)	13932
of this section, both of the following:	13933

(1) An amount equal to the adjusted formula amount of the	13934
city, exempted village, or local school district in which the	13935
student is also enrolled;	13936

(2) An amount equal to the full-time equivalent number of	13937
students reported pursuant to division (A)(2)(b) of this section	13938
times the formula amount times the applicable multiple prescribed	13939
by section 3317.014 of the Revised Code.	13940

(E)(1) A city, exempted village, or local school board	13941
providing special education and related services to an adjacent or	13942
other district student in accordance with an IEP shall, pursuant	13943
to rules of the state board, compute the excess costs to educate	13944
such student as follows:	13945

(a) Subtract the adjusted formula amount for the district	13946
from the actual costs to educate the student;	13947

(b) From the amount computed under division (E)(1)(a) of this	13948
section subtract the amount of any funds received by the district	13949
under Chapter 3317. of the Revised Code to provide special	13950
education and related services to the student.	13951

(2) The board shall report the excess costs computed under	13952
this division to the department of education.	13953

(3) If any student for whom excess costs are computed under	13954
division (E)(1) of this section is an adjacent or other district	13955
joint vocational student, the department of education shall add	13956
the amount of such excess costs to the payments made under Chapter	13957
3317. of the Revised Code to the joint vocational school district	13958
enrolling the student.	13959

(F) As provided in division (D)(1)(b) of section 3317.03 and	13960
division (A)(2)(d) of section 3317.034 of the Revised Code, no	13961
joint vocational school district shall count any adjacent or other	13962
district joint vocational student enrolled in the district in its	13963
formula ADM or average daily attendance certified under section	13964
3317.03 or 3317.034 of the Revised Code.	13965

(G) No city, exempted village, or local school district shall	13966
receive a payment under division (C) of this section for a	13967
student, and no joint vocational school district shall receive a	13968
payment under division (D) of this section for a student~~, if~~ for	13969
the same school ~~year~~month that the student is counted in the	13970
district's ~~formula ADM~~average daily attendance certified under	13971
section ~~3317.03~~3317.034 of the Revised Code.	13972

(H) Upon request of a parent, and provided the board offers	13973
transportation to native students of the same grade level and	13974
distance from school under section 3327.01 of the Revised Code, a	13975
city, exempted village, or local school board enrolling an	13976
adjacent or other district student shall provide transportation	13977
for the student within the boundaries of the board's district,	13978
except that the board shall be required to pick up and drop off a	13979
nonhandicapped student only at a regular school bus stop	13980
designated in accordance with the board's transportation policy.	13981
Pursuant to rules of the state board of education, such board may	13982
reimburse the parent from funds received under division (D) of	13983
section 3317.022 of the Revised Code for the reasonable cost of	13984
transportation from the student's home to the designated school	13985
bus stop if the student's family has an income below the federal	13986
poverty line.	13987

Sec. 3314.02. (A) As used in this chapter:

13988

(1) "Sponsor" means an entity listed in division (C)(1) of	13989
this section, which has been approved by the department of	13990
education to sponsor community schools and with which the	13991
governing authority of the proposed community school enters into a	13992
contract pursuant to this section.	13993

(2) "Pilot project area" means the school districts included	13994
in the territory of the former community school pilot project	13995
established by former Section 50.52 of Am. Sub. H.B. No. 215 of	13996
the 122nd general assembly.	13997

(3) "Challenged school district" means any of the following:

13998

(a) A school district that is part of the pilot project area;

13999

(b) A school district that is either in a state of academic	14000
emergency or in a state of academic watch under section 3302.03 of	14001
the Revised Code;	14002

14003

(d) An urban school district.

14004

(4) "Big eight school district" means a school district that	14005
for fiscal year 1997 had both of the following:	14006

(a) A percentage of children residing in the district and	14007
participating in the predecessor of Ohio works first greater than	14008
thirty per cent, as reported pursuant to section 3317.10 of the	14009
Revised Code;	14010

(b) An average daily membership greater than twelve thousand,	14011
as reported pursuant to former division (A) of section 3317.03 of	14012
the Revised Code.	14013

(5) "New start-up school" means a community school other than	14014
one created by converting all or part of an existing public	14015
school, as designated in the school's contract pursuant to	14016
division (A)(17) of section 3314.03 of the Revised Code.	14017

(6) "Urban school district" means one of the state's	14018
twenty-one urban school districts as defined in division (O) of	14019
section 3317.02 of the Revised Code as that section existed prior	14020
to July 1, 1998.	14021

(7) "Internet- or computer-based community school" means a	14022
community school established under this chapter in which the	14023
enrolled students ~~work~~participate primarily ~~from their residences~~	14024
~~on assignments~~in non-classroom-based learning opportunities	14025
provided via an internet- or other computer-based instructional	14026
~~method that does not rely on regular classroom instruction~~	14027
methods.	14028

(B) Any person or group of individuals may initially propose	14029
under this division the conversion of all or a portion of a public	14030
school to a community school. No conversion community school shall	14031
be an internet- or computer-based community school. The proposal	14032
shall be made to the board of education of the city, local, or	14033
exempted village school district in which the public school is	14034
proposed to be converted. Upon receipt of a proposal, a board may	14035
enter into a preliminary agreement with the person or group	14036
proposing the conversion of the public school, indicating the	14037
intention of the board of education to support the conversion to a	14038
community school. A proposing person or group that has a	14039
preliminary agreement under this division may proceed to finalize	14040
plans for the school, establish a governing authority for the	14041
school, and negotiate a contract with the board of education.	14042
Provided the proposing person or group adheres to the preliminary	14043
agreement and all provisions of this chapter, the board of	14044
education shall negotiate in good faith to enter into a contract	14045
in accordance with section 3314.03 of the Revised Code and	14046
division (C) of this section.	14047

(C)(1) Any person or group of individuals may propose under	14048
this division the establishment of a new start-up school to be	14049
located in a challenged school district. The proposal may be made	14050
to any of the following entities:	14051

(a) The board of education of the district in which the	14052
school is proposed to be located;	14053

(b) The board of education of any joint vocational school	14054
district with territory in the county in which is located the	14055
majority of the territory of the district in which the school is	14056
proposed to be located;	14057

(c) The board of education of any other city, local, or	14058
exempted village school district having territory in the same	14059
county where the district in which the school is proposed to be	14060
located has the major portion of its territory;	14061

(d) The governing board of any educational service center as	14062
~~long as the proposed school will be located in a county within the~~	14063
~~territory of the service center or in a county contiguous to such~~	14064
~~county~~;	14065

(e) A sponsoring authority designated by the board of	14066
trustees of any of the thirteen state universities listed in	14067
section 3345.011 of the Revised Code or the board of trustees	14068
itself as long as a mission of the proposed school to be specified	14069
in the contract under division (A)(2) of section 3314.03 of the	14070
Revised Code and as approved by the department of education under	14071
division (B)(2) of section 3314.015 of the Revised Code will be	14072
the practical demonstration of teaching methods, educational	14073
technology, or other teaching practices that are included in the	14074
curriculum of the university's teacher preparation program	14075
approved by the state board of education;	14076

(f) Any qualified tax-exempt entity under section 501(c)(3)	14077
of the Internal Revenue Code as long as all of the following	14078
conditions are satisfied:	14079

(i) The entity has been in operation for at least five years	14080
prior to applying to be a community school sponsor.	14081

(ii) The entity has assets of at least five hundred thousand	14082
dollars.	14083

(iii) The department of education has determined that the	14084
entity is an education-oriented entity under division (B)(3) of	14085
section 3314.015 of the Revised Code.	14086

Until July 1, 2005, any entity described in division	14087
(C)(1)(f) of this section may sponsor only schools that formerly	14088
were sponsored by the state board of education under division	14089
(C)(1)(d) of this section, as it existed prior to ~~the effective~~	14090
~~date of this amendment~~April 8, 2003. After July 1, 2005, such	14091
entity may sponsor any new or existing school.	14092

Any entity described in division (C)(1) of this section may	14093
enter into a preliminary agreement pursuant to division (C)(2) of	14094
this section with the proposing person or group.	14095

(2) A preliminary agreement indicates the intention of an	14096
entity described in division (C)(1) of this section to sponsor the	14097
community school. A proposing person or group that has such a	14098
preliminary agreement may proceed to finalize plans for the	14099
school, establish a governing authority as described in division	14100
(E) of this section for the school, and negotiate a contract with	14101
the entity. Provided the proposing person or group adheres to the	14102
preliminary agreement and all provisions of this chapter, the	14103
entity shall negotiate in good faith to enter into a contract in	14104
accordance with section 3314.03 of the Revised Code.	14105

(3) A new start-up school that is established in a school	14106
district while that district is either in a state of academic	14107
emergency or in a state of academic watch under section 3302.03 of	14108
the Revised Code may continue in existence once the school	14109
district is no longer in a state of academic emergency or academic	14110
watch, provided there is a valid contract between the school and a	14111
sponsor.	14112

(4) A copy of every preliminary agreement entered into under	14113
this division shall be filed with the superintendent of public	14114
instruction.	14115

(D) A majority vote of the board of a sponsoring entity and a	14116
majority vote of the members of the governing authority of a	14117
community school shall be required to adopt a contract and convert	14118
the public school to a community school or establish the new	14119
start-up school. Up to the statewide limit prescribed in section	14120
3314.013 of the Revised Code, an unlimited number of community	14121
schools may be established in any school district provided that a	14122
contract is entered into for each community school pursuant to	14123
this chapter.	14124

(E) As used in this division, "immediate relatives" are	14125
limited to spouses, children, parents, grandparents, siblings, and	14126
in-laws.	14127

Each new start-up community school established under this	14128
chapter shall be under the direction of a governing authority	14129
which shall consist of a board of not less than five individuals	14130
who are not owners or employees, or immediate relatives of owners	14131
or employees, of any for-profit firm that operates or manages a	14132
school for the governing authority.	14133

No person shall serve on the governing authority or operate	14134
the community school under contract with the governing authority	14135
so long as the person owes the state any money or is in a dispute	14136
over whether the person owes the state any money concerning the	14137
operation of a community school that has closed.	14138

(F) Nothing in this chapter shall be construed to permit the	14139
establishment of a community school in more than one school	14140
district under the same contract.	14141

Sec. 3314.03. A copy of every contract entered into under	14142
this section shall be filed with the superintendent of public	14143
instruction.	14144

(A) Each contract entered into between a sponsor and the	14145
governing authority of a community school shall specify the	14146
following:	14147

(1) That the school shall be established as either of the	14148
following:	14149

(a) A nonprofit corporation established under Chapter 1702.	14150
of the Revised Code, if established prior to ~~the effective date of~~	14151
~~this amendment~~April 8, 2003;	14152

(b) A public benefit corporation established under Chapter	14153
1702. of the Revised Code, if established after ~~the effective date~~	14154
~~of this amendment~~April 8, 2003;	14155

(2) The education program of the school, including the	14156
school's mission, the characteristics of the students the school	14157
is expected to attract, the ages and grades of students, and the	14158
focus of the curriculum;	14159

(3) The academic goals to be achieved and the method of	14160
measurement that will be used to determine progress toward those	14161
goals, which shall include the statewide achievement tests;	14162

(4) Performance standards by which the success of the school	14163
will be evaluated by the sponsor;	14164

(5) The admission standards of section 3314.06 of the Revised	14165
Code;	14166

(6)(a) Dismissal procedures;

14167

(b) A requirement that the governing authority adopt an	14168
attendance policy that includes a procedure for automatically	14169
withdrawing a student from the school if the student without a	14170
legitimate excuse fails to participate in one hundred five	14171
~~cumulative~~consecutive hours of the learning opportunities offered	14172
to the student. Such a policy shall provide for withdrawing the	14173
student by the end of the thirtieth day after the student has	14174
failed to participate as required under this division.	14175

(7) The ways by which the school will achieve racial and	14176
ethnic balance reflective of the community it serves;	14177

(8) Requirements for financial audits by the auditor of	14178
state. The contract shall require financial records of the school	14179
to be maintained in the same manner as are financial records of	14180
school districts, pursuant to rules of the auditor of state, and	14181
the audits shall be conducted in accordance with section 117.10 of	14182
the Revised Code.	14183

(9) The facilities to be used and their locations;

14184

(10) Qualifications of teachers, including a requirement that	14185
the school's classroom teachers be licensed in accordance with	14186
sections 3319.22 to 3319.31 of the Revised Code, except that a	14187
community school may engage noncertificated persons to teach up to	14188
twelve hours per week pursuant to section 3319.301 of the Revised	14189
Code;	14190

(11) That the school will comply with the following	14191
requirements:	14192

(a) The school will provide learning opportunities to a	14193
minimum of twenty-five students for a minimum of nine hundred	14194
twenty hours per school year;	14195

(b) The governing authority will purchase liability	14196
insurance, or otherwise provide for the potential liability of the	14197
school;	14198

(c) The school will be nonsectarian in its programs,	14199
admission policies, employment practices, and all other	14200
operations, and will not be operated by a sectarian school or	14201
religious institution;	14202

(d) The school will comply with sections 9.90, 9.91, 109.65,	14203
121.22, 149.43, 2151.358, 2151.421, 2313.18, 3301.0710, 3301.0711,	14204
3301.0712, 3301.0715, 3313.50, 3313.608, 3313.6012, 3313.643,	14205
3313.648, 3313.66, 3313.661, 3313.662, 3313.67, 3313.671,	14206
3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.80, 3313.96,	14207
3319.073, 3319.321, 3319.39, 3321.01, 3321.13, 3321.14, 3321.17,	14208
3321.18, 3321.19, 3321.191, 3327.10, 4111.17, 4113.52, and	14209
5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112.,	14210
4123., 4141., and 4167. of the Revised Code as if it were a school	14211
district and will comply with section 3301.0714 of the Revised	14212
Code in the manner specified in section 3314.17 of the Revised	14213
Code;	14214

(e) The school shall comply with Chapter 102. of the Revised	14215
Code except that nothing in that chapter shall prohibit a member	14216
of the school's governing board from also being an employee of the	14217
school and nothing in that chapter or section 2921.42 of the	14218
Revised Code shall prohibit a member of the school's governing	14219
board from having an interest in a contract into which the	14220
governing board enters that is not a contract with a for-profit	14221
firm for the operation or management of a school under the	14222
auspices of the governing authority;	14223

(f) The school will comply with sections 3313.61, 3313.611,	14224
and 3313.614 of the Revised Code, except that the requirement in	14225
sections 3313.61 and 3313.611 of the Revised Code that a person	14226
must successfully complete the curriculum in any high school prior	14227
to receiving a high school diploma may be met by completing the	14228
curriculum adopted by the governing authority of the community	14229
school rather than the curriculum specified in Title XXXIII of the	14230
Revised Code or any rules of the state board of education;	14231

(g) The school governing authority will submit within four	14232
months after the end of each school year a report of its	14233
activities and progress in meeting the goals and standards of	14234
divisions (A)(3) and (4) of this section and its financial status	14235
to the sponsor, the parents of all students enrolled in the	14236
school, and the legislative office of education oversight. The	14237
school will collect and provide any data that the legislative	14238
office of education oversight requests in furtherance of any study	14239
or research that the general assembly requires the office to	14240
conduct, including the studies required under Section 50.39 of Am.	14241
Sub. H.B. 215 of the 122nd general assembly and Section 50.52.2 of	14242
Am. Sub. H.B. 215 of the 122nd general assembly, as amended.	14243

(12) Arrangements for providing health and other benefits to	14244
employees;	14245

(13) The length of the contract, which shall begin at the	14246
beginning of an academic year. No contract shall exceed five years	14247
unless such contract has been renewed pursuant to division (E) of	14248
this section.	14249

(14) The governing authority of the school, which shall be	14250
responsible for carrying out the provisions of the contract;	14251

(15) A financial plan detailing an estimated school budget	14252
for each year of the period of the contract and specifying the	14253
total estimated per pupil expenditure amount for each such year.	14254
The plan shall specify for each year the base formula amount that	14255
will be used for purposes of funding calculations under section	14256
3314.08 of the Revised Code. This base formula amount for any year	14257
shall not exceed the formula amount defined under section 3317.02	14258
of the Revised Code. The plan may also specify for any year a	14259
percentage figure to be used for reducing the per pupil amount of	14260
disadvantaged pupil impact aid calculated pursuant to section	14261
3317.029 of the Revised Code the school is to receive that year	14262
under section 3314.08 of the Revised Code.	14263

(16) Requirements and procedures regarding the disposition of	14264
employees of the school in the event the contract is terminated or	14265
not renewed pursuant to section 3314.07 of the Revised Code;	14266

(17) Whether the school is to be created by converting all or	14267
part of an existing public school or is to be a new start-up	14268
school, and if it is a converted public school, specification of	14269
any duties or responsibilities of an employer that the board of	14270
education that operated the school before conversion is delegating	14271
to the governing board of the community school with respect to all	14272
or any specified group of employees provided the delegation is not	14273
prohibited by a collective bargaining agreement applicable to such	14274
employees;	14275

(18) Provisions establishing procedures for resolving	14276
disputes or differences of opinion between the sponsor and the	14277
governing authority of the community school;	14278

(19) A provision requiring the governing authority to adopt a	14279
policy regarding the admission of students who reside outside the	14280
district in which the school is located. That policy shall comply	14281
with the admissions procedures specified in section 3314.06 of the	14282
Revised Code and, at the sole discretion of the authority, shall	14283
do one of the following:	14284

(a) Prohibit the enrollment of students who reside outside	14285
the district in which the school is located;	14286

(b) Permit the enrollment of students who reside in districts	14287
adjacent to the district in which the school is located;	14288

(c) Permit the enrollment of students who reside in any other	14289
district in the state.	14290

(20) A provision recognizing the authority of the department	14291
of education to take over the sponsorship of the school in	14292
accordance with the provisions of division (C) of section 3314.015	14293
of the Revised Code;	14294

(21) A provision recognizing the sponsor's authority to	14295
assume the operation of a school under the conditions specified in	14296
division (B) of section 3314.073 of the Revised Code;	14297

(22) A provision recognizing both of the following:

14298

(a) The authority of public health and safety officials to	14299
inspect the facilities of the school and to order the facilities	14300
closed if those officials find that the facilities are not in	14301
compliance with health and safety laws and regulations;	14302

(b) The authority of the department of education as the	14303
community school oversight body to suspend the operation of the	14304
school under section 3314.072 of the Revised Code if the	14305
department has evidence of conditions or violations of law at the	14306
school that pose an imminent danger to the health and safety of	14307
the school's students and employees and the sponsor refuses to	14308
take such action;	14309

(23) A description of the learning opportunities that will be	14310
offered to students including both classroom-based and	14311
non-classroom-based learning opportunities that is in compliance	14312
with criteria for student participation established by the	14313
department under division (L)(2) of section 3314.08 of the Revised	14314
Code.	14315

(B) The community school shall also submit to the sponsor a	14316
comprehensive plan for the school. The plan shall specify the	14317
following:	14318

(1) The process by which the governing authority of the	14319
school will be selected in the future;	14320

(2) The management and administration of the school;

14321

(3) If the community school is a currently existing public	14322
school, alternative arrangements for current public school	14323
students who choose not to attend the school and teachers who	14324
choose not to teach in the school after conversion;	14325

(4) The instructional program and educational philosophy of	14326
the school;	14327

(5) Internal financial controls.

14328

(C) A contract entered into under section 3314.02 of the	14329
Revised Code between a sponsor and the governing authority of a	14330
community school may provide for the community school governing	14331
authority to make payments to the sponsor, which is hereby	14332
authorized to receive such payments as set forth in the contract	14333
between the governing authority and the sponsor. The total amount	14334
of such payments for oversight and monitoring of the school shall	14335
not exceed three per cent of the total amount of payments for	14336
operating expenses that the school receives from the state.	14337

(D) The contract shall specify the duties of the sponsor	14338
which shall be in accordance with the written agreement entered	14339
into with the department of education under division (B) of	14340
section 3314.015 of the Revised Code and shall include the	14341
following:	14342

(1) Monitor the community school's compliance with all laws	14343
applicable to the school and with the terms of the contract;	14344

(2) Monitor and evaluate the academic and fiscal performance	14345
and the organization and operation of the community school on at	14346
least an annual basis;	14347

(3) Report on an annual basis the results of the evaluation	14348
conducted under division (D)(2) of this section to the department	14349
of education and to the parents of students enrolled in the	14350
community school;	14351

(4) Provide technical assistance to the community school in	14352
complying with laws applicable to the school and terms of the	14353
contract;	14354

(5) Take steps to intervene in the school's operation to	14355
correct problems in the school's overall performance, declare the	14356
school to be on probationary status pursuant to section 3314.073	14357
of the Revised Code, suspend the operation of the school pursuant	14358
to section 3314.072 of the Revised Code, or terminate the contract	14359
of the school pursuant to section 3314.07 of the Revised Code as	14360
determined necessary by the sponsor;	14361

(6) Have in place a plan of action to be undertaken in the	14362
event the community school experiences financial difficulties or	14363
closes prior to the end of a school year.	14364

(E) Upon the expiration of a contract entered into under this	14365
section, the sponsor of a community school may, with the approval	14366
of the governing authority of the school, renew that contract for	14367
a period of time determined by the sponsor, but not ending earlier	14368
than the end of any school year, if the sponsor finds that the	14369
school's compliance with applicable laws and terms of the contract	14370
and the school's progress in meeting the academic goals prescribed	14371
in the contract have been satisfactory. Any contract that is	14372
renewed under this division remains subject to the provisions of	14373
sections 3314.07, 3314.072, and 3314.073 of the Revised Code.	14374

Sec. 3314.041. The governing authority of each community	14375
school and any operator of such school shall ~~place in a~~	14376
~~conspicuous manner in all documents that are distributed~~	14377
distribute to parents of students of the school ~~or to the general~~	14378
~~public~~upon their enrollment in the school the following statement	14379
in writing:	14380

"The .............. (here fill in name of the school) school	14381
is a community school established under Chapter 3314. of the	14382
Revised Code. The school is a public school and students enrolled	14383
in and attending the school are required to take proficiency tests	14384
and other examinations prescribed by law. In addition, there may	14385
be other requirements for students at the school that are	14386
prescribed by law. Students who have been excused from the	14387
compulsory attendance law for the purpose of home education as	14388
defined by the Administrative Code shall no longer be excused for	14389
that purpose upon their enrollment in a community school. For more	14390
information about this matter contact the school administration or	14391
the Ohio Department of Education."	14392

Sec. 3314.07. (A) The expiration of the contract for a	14393
community school between a sponsor and a school shall be the date	14394
provided in the contract. A successor contract may be entered into	14395
pursuant to division (E) of section 3314.03 of the Revised Code	14396
unless the contract is terminated or not renewed pursuant to this	14397
section.	14398

(B)(1) A sponsor may choose not to renew a contract at its	14399
expiration or may choose to terminate a contract prior to its	14400
expiration for any of the following reasons:	14401

(a) Failure to meet student performance requirements stated	14402
in the contract;	14403

(b) Failure to meet generally accepted standards of fiscal	14404
management;	14405

(c) Violation of any provision of the contract or applicable	14406
state or federal law;	14407

(d) Other good cause.

14408

(2) A sponsor may choose to terminate a contract prior to its	14409
expiration if the sponsor has suspended the operation of the	14410
contract under section 3314.072 of the Revised Code.	14411

(3) At least ninety days prior to the termination or	14412
nonrenewal of a contract, the sponsor shall notify the school of	14413
the proposed action in writing. The notice shall include the	14414
reasons for the proposed action in detail, the effective date of	14415
the termination or nonrenewal, and a statement that the school	14416
may, within fourteen days of receiving the notice, request an	14417
informal hearing before the sponsor. Such request must be in	14418
writing. The informal hearing shall be held within seventy days of	14419
the receipt of a request for the hearing. Promptly following the	14420
informal hearing, the sponsor shall issue a written decision	14421
either affirming or rescinding the decision to terminate or not	14422
renew the contract.	14423

(4) A decision by the sponsor to terminate a contract may be	14424
appealed to the state board of education. The decision by the	14425
state board pertaining to an appeal under this division is final.	14426
If the sponsor is the state board, its decision to terminate a	14427
contract under division (B)(3) of this section shall be final.	14428

(5) The termination of a contract under this section shall be	14429
effective upon the occurrence of the later of the following	14430
events:	14431

(a) Ninety days following the date the sponsor notifies the	14432
school of its decision to terminate the contract as prescribed in	14433
division (B)(3) of this section;	14434

(b) If an informal hearing is requested under division (B)(3)	14435
of this section and as a result of that hearing the sponsor	14436
affirms its decision to terminate the contract, the effective date	14437
of the termination specified in the notice issued under division	14438
(B)(3) of this section, or if that decision is appealed to the	14439
state board under division (B)(4) of this section and the state	14440
board affirms that decision, the date established in the	14441
resolution of the state board affirming the sponsor's decision.	14442

(6) Any community school whose contract is terminated under	14443
this division shall not enter into a contract with any other	14444
sponsor.	14445

(C) A child attending a community school whose contract has	14446
been terminated, nonrenewed, or suspended or that closes for any	14447
reason shall be admitted to the schools of the district in which	14448
the child is entitled to attend under section 3313.64 or 3313.65	14449
of the Revised Code. Any deadlines established for the purpose of	14450
admitting students under section 3313.97 or 3313.98 of the Revised	14451
Code shall be waived for students to whom this division pertains.	14452

(D) If a community school does not intend to renew a contract	14453
with its sponsor, the community school shall notify its sponsor in	14454
writing of that fact at least one hundred eighty days prior to the	14455
expiration of the contract. Such a community school may enter into	14456
a contract with a new sponsor in accordance with section 3314.03	14457
of the Revised Code upon the expiration of the previous contract.	14458

(E) A sponsor of a community school and the officers,	14459
directors, or employees of such a sponsor are not liable in	14460
damages in a tort or other civil action for harm allegedly arising	14461
from either of the following:	14462

(1) A failure of the community school or any of its officers,	14463
directors, or employees to perform any statutory or common law	14464
duty or responsibility or any other legal obligation;	14465

(2) An action or omission of the community school or any of	14466
its officers, directors, or employees that results in harm.	14467

~~(E)~~(F) As used in this section:

14468

(1) "Harm" means injury, death, or loss to person or	14469
property.	14470

(2) "Tort action" means a civil action for damages for	14471
injury, death, or loss to person or property other than a civil	14472
action for damages for a breach of contract or another agreement	14473
between persons.	14474

Sec. 3314.074. Divisions (A) and (B) of this section apply	14475
only to the extent permitted under Chapter 1702. of the Revised	14476
Code.	14477

(A) If any community school established under this chapter	14478
permanently closes and ceases its operation as a community school,	14479
the assets of that school shall be distributed first to the	14480
retirement funds of employees of the school, employees of the	14481
school, and private creditors who are owed compensation and then	14482
any remaining funds shall be paid to the state treasury to the	14483
credit of the general revenue fund.	14484

(B) If a community school closes and ceases to operate as a	14485
community school and the school has received computer hardware or	14486
software from the ~~Ohio SchoolNet commission~~department of	14487
education, such hardware or software shall be returned to the	14488
~~commission~~department, and the ~~commission~~department shall	14489
redistribute the hardware and software, to the extent such	14490
redistribution is possible, to school districts in conformance	14491
with the provisions of the programs operated and administered by	14492
the ~~commission~~department.	14493

(C) If the assets of the school are insufficient to pay all	14494
persons or entities to whom compensation is owed, the	14495
prioritization of the distribution of the assets to individual	14496
persons or entities within each class of payees may be determined	14497
by decree of a court in accordance with this section and Chapter	14498
1702. of the Revised Code.	14499

Sec. 3314.08. (A) As used in this section:

14500

(1) "Base formula amount" means the amount specified as such	14501
in a community school's financial plan for a school year pursuant	14502
to division (A)(15) of section 3314.03 of the Revised Code.	14503

(2) "Cost-of-doing-business factor" has the same meaning as	14504
in section 3317.02 of the Revised Code.	14505

(3) "IEP" means an individualized education program as	14506
defined in section 3323.01 of the Revised Code.	14507

(4) "Applicable special education weight" means the multiple	14508
specified in section 3317.013 of the Revised Code for a handicap	14509
described in that section.	14510

(5) "Applicable vocational education weight" means:

14511

(a) For a student enrolled in vocational education programs	14512
or classes described in division (A) of section 3317.014 of the	14513
Revised Code, the multiple specified in that division;	14514

(b) For a student enrolled in vocational education programs	14515
or classes described in division (B) of section 3317.014 of the	14516
Revised Code, the multiple specified in that division.	14517

(6) "Entitled to attend school" means entitled to attend	14518
school in a district under section 3313.64 or 3313.65 of the	14519
Revised Code.	14520

(7) A community school student is "included in the DPIA	14521
student count" of a school district if the student is entitled to	14522
attend school in the district and:	14523

(a) For school years prior to fiscal year 2004, the student's	14524
family receives assistance under the Ohio works first program.	14525

(b) For school years in and after fiscal year 2004, the	14526
student's family income does not exceed the federal poverty	14527
guidelines, as defined in section 5101.46 of the Revised Code, and	14528
the student's family receives family assistance, as defined in	14529
section 3317.029 of the Revised Code.	14530

(8) "DPIA reduction factor" means the percentage figure, if	14531
any, for reducing the per pupil amount of disadvantaged pupil	14532
impact aid a community school is entitled to receive pursuant to	14533
divisions (D)(5) and (6) of this section in any year, as specified	14534
in the school's financial plan for the year pursuant to division	14535
(A)(15) of section 3314.03 of the Revised Code.	14536

(9) "All-day kindergarten" has the same meaning as in section	14537
3317.029 of the Revised Code.	14538

(B) The state board of education shall adopt rules requiring	14539
both of the following:	14540

(1) The board of education of each city, exempted village,	14541
and local school district to annually report the number of	14542
students entitled to attend school in the district who are	14543
enrolled in grades one through twelve in a community school	14544
established under this chapter, the number of students entitled to	14545
attend school in the district who are enrolled in kindergarten in	14546
a community school, the number of those kindergartners who are	14547
enrolled in all-day kindergarten in their community school, and	14548
for each child, the community school in which the child is	14549
enrolled.	14550

(2) The governing authority of each community school	14551
established under this chapter to annually report all of the	14552
following:	14553

(a) The number of students enrolled in grades one through	14554
twelve and the number of students enrolled in kindergarten in the	14555
school who are not receiving special education and related	14556
services pursuant to an IEP;	14557

(b) The number of enrolled students in grades one through	14558
twelve and the number of enrolled students in kindergarten, who	14559
are receiving special education and related services pursuant to	14560
an IEP;	14561

(c) The number of students reported under division (B)(2)(b)	14562
of this section receiving special education and related services	14563
pursuant to an IEP for a handicap described in each of divisions	14564
(A) to (F) of section 3317.013 of the Revised Code;	14565

(d) The full-time equivalent number of students reported	14566
under divisions (B)(2)(a) and (b) of this section who are enrolled	14567
in vocational education programs or classes described in each of	14568
divisions (A) and (B) of section 3317.014 of the Revised Code that	14569
are provided by the community school;	14570

(e) One-fourth of the number of students reported under	14571
divisions (B)(2)(a) and (b) of this section who are not reported	14572
under division (B)(2)(d) of this section but who are enrolled in	14573
vocational education programs or classes described in each of	14574
divisions (A) and (B) of section 3317.014 of the Revised Code at a	14575
joint vocational school district under a contract between the	14576
community school and the joint vocational school district and are	14577
entitled to attend school in a city, local, or exempted village	14578
school district whose territory is part of the territory of the	14579
joint vocational district;	14580

(f) The number of enrolled preschool handicapped students	14581
receiving special education services in a state-funded unit;	14582

(g) The community school's base formula amount;

14583

(h) For each student, the city, exempted village, or local	14584
school district in which the student is entitled to attend school;	14585

(i) Any DPIA reduction factor that applies to a school year.

14586

(C) From the payments made to a city, exempted village, or	14587
local school district under Chapter 3317. of the Revised Code and,	14588
if necessary, sections 321.14 and 323.156 of the Revised Code, the	14589
department of education shall annually subtract all of the	14590
following:	14591

(1) An amount equal to the sum of the amounts obtained when,	14592
for each community school where the district's students are	14593
enrolled, the number of the district's students reported under	14594
divisions (B)(2)(a), (b), and (e) of this section who are enrolled	14595
in grades one through twelve, and one-half the number of students	14596
reported under those divisions who are enrolled in kindergarten,	14597
in that community school is multiplied by the base formula amount	14598
of that community school as adjusted by the school district's	14599
cost-of-doing-business factor.	14600

(2) The sum of the amounts calculated under divisions	14601
(C)(2)(a) and (b) of this section:	14602

(a) For each of the district's students reported under	14603
division (B)(2)(c) of this section as enrolled in a community	14604
school in grades one through twelve and receiving special	14605
education and related services pursuant to an IEP for a handicap	14606
described in section 3317.013 of the Revised Code, the product of	14607
the applicable special education weight times the community	14608
school's base formula amount;	14609

(b) For each of the district's students reported under	14610
division (B)(2)(c) of this section as enrolled in kindergarten in	14611
a community school and receiving special education and related	14612
services pursuant to an IEP for a handicap described in section	14613
3317.013 of the Revised Code, one-half of the amount calculated as	14614
prescribed in division (C)(2)(a) of this section.	14615

(3) For each of the district's students reported under	14616
division (B)(2)(d) of this section for whom payment is made under	14617
division (D)(4) of this section, the amount of that payment;	14618

(4) An amount equal to the sum of the amounts obtained when,	14619
for each community school where the district's students are	14620
enrolled, the number of the district's students enrolled in that	14621
community school who are included in the district's DPIA student	14622
count is multiplied by the per pupil amount of disadvantaged pupil	14623
impact aid the school district receives that year pursuant to	14624
division (B) or (C) of section 3317.029 of the Revised Code, as	14625
adjusted by any DPIA reduction factor of that community school. If	14626
the district receives disadvantaged pupil impact aid under	14627
division (B) of that section, the per pupil amount of that aid is	14628
the quotient of the amount the district received under that	14629
division divided by the district's DPIA student count, as defined	14630
in that section. If the district receives disadvantaged pupil	14631
impact aid under division (C) of section 3317.029 of the Revised	14632
Code, the per pupil amount of that aid is the per pupil dollar	14633
amount prescribed for the district in division (C)(1) or (2) of	14634
that section.	14635

(5) An amount equal to the sum of the amounts obtained when,	14636
for each community school where the district's students are	14637
enrolled, the district's per pupil amount of aid received under	14638
division (E) of section 3317.029 of the Revised Code, as adjusted	14639
by any DPIA reduction factor of the community school, is	14640
multiplied by the sum of the following:	14641

(a) The number of the district's students reported under	14642
division (B)(2)(a) of this section who are enrolled in grades one	14643
to three in that community school and who are not receiving	14644
special education and related services pursuant to an IEP;	14645

(b) One-half of the district's students who are enrolled in	14646
all-day or any other kindergarten class in that community school	14647
and who are not receiving special education and related services	14648
pursuant to an IEP;	14649

(c) One-half of the district's students who are enrolled in	14650
all-day kindergarten in that community school and who are not	14651
receiving special education and related services pursuant to an	14652
IEP.	14653

The district's per pupil amount of aid under division (E) of	14654
section 3317.029 of the Revised Code is the quotient of the amount	14655
the district received under that division divided by the	14656
district's kindergarten through third grade ADM, as defined in	14657
that section.	14658

(D) The department shall annually pay to a community school	14659
established under this chapter all of the following:	14660

(1) An amount equal to the sum of the amounts obtained when	14661
the number of students enrolled in grades one through twelve, plus	14662
one-half of the kindergarten students in the school, reported	14663
under divisions (B)(2)(a), (b), and (e) of this section who are	14664
not receiving special education and related services pursuant to	14665
an IEP for a handicap described in section 3317.013 of the Revised	14666
Code is multiplied by the community school's base formula amount,	14667
as adjusted by the cost-of-doing-business factor of the school	14668
district in which the student is entitled to attend school;	14669

(2) The greater of the following:

14670

(a) The aggregate amount that the department paid to the	14671
community school in fiscal year 1999 for students receiving	14672
special education and related services pursuant to IEPs, excluding	14673
federal funds and state disadvantaged pupil impact aid funds;	14674

(b) The sum of the amounts calculated under divisions	14675
(D)(2)(b)(i) and (ii) of this section:	14676

(i) For each student reported under division (B)(2)(c) of	14677
this section as enrolled in the school in grades one through	14678
twelve and receiving special education and related services	14679
pursuant to an IEP for a handicap described in section 3317.013 of	14680
the Revised Code, the following amount:	14681

(the community school's base formula amount

14682

X the cost-of-doing-business factor

14683

of the district where the student

14684

is entitled to attend school) +	14685

(the applicable special education weight X

14686

the community school's base formula amount);

14687

(ii) For each student reported under division (B)(2)(c) of	14688
this section as enrolled in kindergarten and receiving special	14689
education and related services pursuant to an IEP for a handicap	14690
described in section 3317.013 of the Revised Code, one-half of the	14691
amount calculated under the formula prescribed in division	14692
(D)(2)(b)(i) of this section.	14693

(3) An amount received from federal funds to provide special	14694
education and related services to students in the community	14695
school, as determined by the superintendent of public instruction.	14696

(4) For each student reported under division (B)(2)(d) of	14697
this section as enrolled in vocational education programs or	14698
classes that are described in section 3317.014 of the Revised	14699
Code, are provided by the community school, and are comparable as	14700
determined by the superintendent of public instruction to school	14701
district vocational education programs and classes eligible for	14702
state weighted funding under section 3317.014 of the Revised Code,	14703
an amount equal to the applicable vocational education weight	14704
times the community school's base formula amount times the	14705
percentage of time the student spends in the vocational education	14706
programs or classes.	14707

(5) An amount equal to the sum of the amounts obtained when,	14708
for each school district where the community school's students are	14709
entitled to attend school, the number of that district's students	14710
enrolled in the community school who are included in the	14711
district's DPIA student count is multiplied by the per pupil	14712
amount of disadvantaged pupil impact aid that school district	14713
receives that year pursuant to division (B) or (C) of section	14714
3317.029 of the Revised Code, as adjusted by any DPIA reduction	14715
factor of the community school. The per pupil amount of aid shall	14716
be determined as described in division (C)(4) of this section.	14717

(6) An amount equal to the sum of the amounts obtained when,	14718
for each school district where the community school's students are	14719
entitled to attend school, the district's per pupil amount of aid	14720
received under division (E) of section 3317.029 of the Revised	14721
Code, as adjusted by any DPIA reduction factor of the community	14722
school, is multiplied by the sum of the following:	14723

(a) The number of the district's students reported under	14724
division (B)(2)(a) of this section who are enrolled in grades one	14725
to three in that community school and who are not receiving	14726
special education and related services pursuant to an IEP;	14727

(b) One-half of the district's students who are enrolled in	14728
all-day or any other kindergarten class in that community school	14729
and who are not receiving special education and related services	14730
pursuant to an IEP;	14731

(c) One-half of the district's students who are enrolled in	14732
all-day kindergarten in that community school and who are not	14733
receiving special education and related services pursuant to an	14734
IEP.	14735

The district's per pupil amount of aid under division (E) of	14736
section 3317.029 of the Revised Code shall be determined as	14737
described in division (C)(5) of this section.	14738

(E)(1) If a community school's costs for a fiscal year for a	14739
student receiving special education and related services pursuant	14740
to an IEP for a handicap described in divisions (B) to (F) of	14741
section 3317.013 of the Revised Code exceed the threshold	14742
catastrophic cost for serving the student as specified in division	14743
(C)(3)(b) of section 3317.022 of the Revised Code, the school may	14744
submit to the superintendent of public instruction documentation,	14745
as prescribed by the superintendent, of all its costs for that	14746
student. Upon submission of documentation for a student of the	14747
type and in the manner prescribed, the department shall pay to the	14748
community school an amount equal to the school's costs for the	14749
student in excess of the threshold catastrophic costs.	14750

(2) The community school shall only report under division	14751
(E)(1) of this section, and the department shall only pay for, the	14752
costs of educational expenses and the related services provided to	14753
the student in accordance with the student's individualized	14754
education program. Any legal fees, court costs, or other costs	14755
associated with any cause of action relating to the student may	14756
not be included in the amount.	14757

(F) A community school may apply to the department of	14758
education for preschool handicapped or gifted unit funding the	14759
school would receive if it were a school district. Upon request of	14760
its governing authority, a community school that received unit	14761
funding as a school district-operated school before it became a	14762
community school shall retain any units awarded to it as a school	14763
district-operated school provided the school continues to meet	14764
eligibility standards for the unit.	14765

A community school shall be considered a school district and	14766
its governing authority shall be considered a board of education	14767
for the purpose of applying to any state or federal agency for	14768
grants that a school district may receive under federal or state	14769
law or any appropriations act of the general assembly. The	14770
governing authority of a community school may apply to any private	14771
entity for additional funds.	14772

(G) A board of education sponsoring a community school may	14773
utilize local funds to make enhancement grants to the school or	14774
may agree, either as part of the contract or separately, to	14775
provide any specific services to the community school at no cost	14776
to the school.	14777

(H) A community school may not levy taxes or issue bonds	14778
secured by tax revenues.	14779

(I) No community school shall charge tuition for the	14780
enrollment of any student.	14781

(J)(1)(a) A community school may borrow money to pay any	14782
necessary and actual expenses of the school in anticipation of the	14783
receipt of any portion of the payments to be received by the	14784
school pursuant to division (D) of this section. The school may	14785
issue notes to evidence such borrowing . The proceeds of the notes	14786
shall be used only for the purposes for which the anticipated	14787
receipts may be lawfully expended by the school.	14788

(b) A school may also borrow money for a term not to exceed	14789
fifteen years for the purpose of acquiring facilities.	14790

(2) Except for any amount guaranteed under section 3318.50 of	14791
the Revised Code, the state is not liable for debt incurred by the	14792
governing authority of a community school.	14793

(K) For purposes of determining the number of students for	14794
which divisions (D)(5) and (6) of this section applies in any	14795
school year, a community school may submit to the department of	14796
job and family services, no later than the first day of March, a	14797
list of the students enrolled in the school. For each student on	14798
the list, the community school shall indicate the student's name,	14799
address, and date of birth and the school district where the	14800
student is entitled to attend school. Upon receipt of a list under	14801
this division, the department of job and family services shall	14802
determine, for each school district where one or more students on	14803
the list is entitled to attend school, the number of students	14804
residing in that school district who were included in the	14805
department's report under section 3317.10 of the Revised Code. The	14806
department shall make this determination on the basis of	14807
information readily available to it. Upon making this	14808
determination and no later than ninety days after submission of	14809
the list by the community school, the department shall report to	14810
the state department of education the number of students on the	14811
list who reside in each school district who were included in the	14812
department's report under section 3317.10 of the Revised Code. In	14813
complying with this division, the department of job and family	14814
services shall not report to the state department of education any	14815
personally identifiable information on any student.	14816

(L) The department of education shall adjust the amounts	14817
subtracted and paid under divisions (C) and (D) of this section to	14818
reflect any enrollment of students in community schools for less	14819
than the equivalent of a full school year. The state board of	14820
education within ninety days after ~~the effective date of this~~	14821
~~amendment~~April 8, 2003, shall adopt in accordance with Chapter	14822
119. of the Revised Code rules governing the payments to community	14823
schools under this section including initial payments in a school	14824
year and adjustments and reductions made in subsequent periodic	14825
payments to community schools and corresponding deductions from	14826
school district accounts as provided under divisions (C) and (D)	14827
of this section. For purposes of this section:	14828

(1) A student shall be considered enrolled in the community	14829
school for any portion of the school year the student is	14830
participating at a college under Chapter 3365. of the Revised	14831
Code.	14832

(2) A student shall be considered to be enrolled in a	14833
community school during a school year for the period of time	14834
between the date on which the school both has received	14835
documentation of the student's enrollment from a parent and has	14836
commenced participation in learning opportunities as defined in	14837
the contract with the sponsor. For purposes of applying this	14838
division to a community school student, "learning opportunities"	14839
shall be defined in the contract, which shall describe both	14840
classroom-based and non-classroom-based learning opportunities and	14841
shall be in compliance with criteria and documentation	14842
requirements for student participation which shall be established	14843
by the department. Any student's instruction time in	14844
non-classroom-based learning opportunities shall be certified by	14845
an employee of the community school. A student's enrollment shall	14846
be considered to cease on the date on which any of the following	14847
occur:	14848

(a) The community school receives documentation from a parent	14849
terminating enrollment of the student.	14850

(b) The community school is provided documentation of a	14851
student's enrollment in another public or private school.	14852

(c) The community school ceases to offer learning	14853
opportunities to the student pursuant to the terms of the contract	14854
with the sponsor or the operation of any provision of this	14855
chapter.	14856

(3) A student's percentage of full-time equivalency shall be	14857
considered to be the percentage the hours of learning opportunity	14858
offered to that student is of nine hundred and twenty hours.	14859

(M) The department of education shall reduce the amounts paid	14860
under division (D) of this section to reflect payments made to	14861
colleges under division (B) of section 3365.07 of the Revised	14862
Code.	14863

(N)(1) No student shall be considered enrolled in any	14864
internet- or computer-based community school unless ~~the~~both of	14865
the following conditions are satisfied:	14866

(a) The student possesses or has been provided with all	14867
required hardware and software materials and all such materials	14868
are ~~fully~~ operational ~~and the~~so that the student is capable of	14869
fully participating in the learning opportunities specified in the	14870
contract between the school and the school's sponsor as required	14871
by division (A)(23) of section 3314.03 of the Revised Code;	14872

(b) The school is in compliance with division (A)(1) or (2)	14873
of section 3314.032 of the Revised Code, relative to such student.	14874
In	14875

(2) In accordance with policies adopted jointly by the	14876
superintendent of public instruction and the auditor of state, the	14877
department shall reduce the amounts otherwise payable under	14878
division (D) of this section to any internet- or computer-based	14879
community school that includes in its program the provision of	14880
computer hardware and software materials to each student, if such	14881
hardware and software materials have not been delivered,	14882
installed, and activated for all students in a timely manner or	14883
other educational materials or services have not been provided	14884
according to the contract between the individual community school	14885
and its sponsor.	14886

The superintendent of public instruction and the auditor of	14887
state shall jointly establish a method for auditing any community	14888
school to which this division pertains to ensure compliance with	14889
this section.	14890

The superintendent, auditor of state, and the governor shall	14891
jointly make recommendations to the general assembly for	14892
legislative changes that may be required to assure fiscal and	14893
academic accountability for such internet- or computer-based	14894
schools.	14895

(O)(1) If the department determines that a review of a	14896
community school's enrollment is necessary, such review shall be	14897
completed and written notice of the findings shall be provided to	14898
the governing authority of the community school and its sponsor	14899
within ninety days of the end of the community school's fiscal	14900
year, unless extended for a period not to exceed thirty additional	14901
days for one of the following reasons:	14902

(a) The department and the community school mutually agree to	14903
the extension.	14904

(b) Delays in data submission caused by either a community	14905
school or its sponsor.	14906

(2) If the review results in a finding that additional	14907
funding is owed to the school, such payment shall be made within	14908
thirty days of the written notice. If the review results in a	14909
finding that the community school owes moneys to the state, the	14910
following procedure shall apply:	14911

(a) Within ten business days of the receipt of the notice of	14912
findings, the community school may appeal the department's	14913
determination to the state board of education or its designee.	14914

(b) The board or its designee shall conduct an informal	14915
hearing on the matter within thirty days of receipt of such an	14916
appeal and shall issue a decision within fifteen days of the	14917
conclusion of the hearing.	14918

(c) If the board has enlisted a designee to conduct the	14919
hearing, the designee shall certify its decision to the board. The	14920
board may accept the decision of the designee or may reject the	14921
decision of the designee and issue its own decision on the matter.	14922

(d) Any decision made by the board under this division is	14923
final.	14924

(3) If it is decided that the community school owes moneys to	14925
the state, the department shall deduct such amount from the	14926
school's future payments in accordance with guidelines issued by	14927
the superintendent of public instruction.	14928

Sec. 3314.083. If the department of education pays a joint	14929
vocational school district under division (G)(4) of section	14930
3317.16 of the Revised Code for excess costs of providing special	14931
education and related services to a handicapped student who is	14932
enrolled in a community school, as calculated under division	14933
(G)(2) of that section, the department shall deduct the amount of	14934
that payment from the amount calculated for payment to the	14935
community school under section 3314.08 of the Revised Code.	14936

Sec. 3314.18. (A) As used in this section, "consortium	14937
member" means any community school that pays the fee required by	14938
division (D) of this section.	14939

(B) The auditor of state shall appoint a coordinator for	14940
community schools. Any entity appointed by the auditor of state	14941
under this section shall satisfy the following criteria:	14942

(1) A demonstrated capacity to provide a comprehensive and	14943
efficient program of computer services at a reasonable cost to	14944
consortium members, including the availability of necessary	14945
hardware, software, and personnel;	14946

(2) At least three years of experience in the provision of	14947
administrative, financial, or computer services to community	14948
schools;	14949

(3) At least three years of financial stability;

14950

(4) At least three years of experience serving as the sponsor	14951
of a community school.	14952

Any entity appointed by the auditor of state shall serve as	14953
the coordinator for community schools for a period of five years.	14954
Any such entity may be reappointed.	14955

(C) The coordinator for community schools shall maintain	14956
membership records as described in sections 3317.031 and 3317.032	14957
of the Revised Code and report data from such records to the state	14958
board of education in accordance with those sections for each	14959
consortium member. The coordinator also shall be eligible to serve	14960
as a data acquisition site, as defined by rule of the state board,	14961
for any consortium member.	14962

(D) All activities of the coordinator for community schools	14963
shall be supported by an annual fee paid by each community school	14964
that elects to utilize its services. The amount of the fee shall	14965
be established jointly by the coordinator, the department of	14966
education, and the auditor of state. No funds appropriated for the	14967
Ohio education computer network shall be allocated by the	14968
department to the coordinator.	14969

(E) The coordinator for community schools shall appoint an	14970
executive director to manage the daily operations of the	14971
coordinator.	14972

(F) Notwithstanding division (O) of section 3314.08 of the	14973
Revised Code, in the event of a dispute between a consortium	14974
member and a school district regarding the consortium member's	14975
student enrollment, either the consortium member or the district	14976
may file an appeal with the executive director of the coordinator	14977
for community schools. The executive director shall notify all	14978
affected parties that an appeal has been filed and shall hold a	14979
hearing on the matter. Following the hearing, the executive	14980
director shall issue a written finding. If the executive director	14981
finds that the consortium member's enrollment has been calculated	14982
incorrectly, the department shall adjust the amounts subtracted	14983
and paid under divisions (C) and (D) of section 3314.08 of the	14984
Revised Code to reflect the correct enrollment. The state board	14985
shall adopt rules governing appeal procedures under this division.	14986

(G) Nothing in this section shall be construed to require a	14987
community school to utilize the services of the coordinator for	14988
community schools.	14989

Sec. 3316.08. During a school district's fiscal emergency	14990
period, the auditor of state shall determine annually, or at any	14991
other time upon request of the financial planning and supervision	14992
commission, whether the school district will incur an operating	14993
deficit. If the auditor of state determines that a school district	14994
will incur an operating deficit, the auditor of state shall	14995
certify that determination to the superintendent of public	14996
instruction, the financial planning and supervision commission,	14997
and the board of education of the school district. Upon receiving	14998
the auditor of state's certification, the board of education or	14999
and the commission each shall ~~adopt~~consider adopting a resolution	15000
to submit a ballot question proposing the levy of a tax under	15001
section 5705.194 or 5705.21 or Chapter 5748. of the Revised Code.	15002
After the board of education and the commission consider adopting	15003
a resolution for the levy of such a tax, the board of education	15004
and commission each shall adopt a resolution that explains the	15005
decision to propose or not propose such a levy. Except as	15006
otherwise provided in this division, the tax shall be levied in	15007
the manner prescribed for a tax levied under section 5705.194 or	15008
5705.21 or under Chapter 5748. of the Revised Code. ~~The~~If the	15009
board of education or commission decides that a tax ~~shall~~should	15010
be levied, the tax shall be levied for the purpose of paying	15011
current operating expenses of the school district. The question	15012
shall propose that the tax be levied at ~~the~~a rate required to	15013
~~produce annual revenue sufficient to eliminate the operating~~	15014
~~deficit as certified by the auditor of state and to repay~~	15015
~~outstanding loans or other obligations incurred by the board of~~	15016
~~education for the purpose of reducing or eliminating operating~~	15017
~~deficits~~generate an amount that would produce a positive fiscal	15018
year end cash balance not later than the fifth year of the	15019
district's current five-year forecast submitted under section	15020
5705.391 of the Revised Code, as determined by the financial	15021
planning and supervision commission in consultation with the	15022
district treasurer. The rate of a tax levied under section	15023
5705.194 or 5705.21 of the Revised Code shall be determined by the	15024
county auditor, and the rate of a tax levied under section 5748.02	15025
or 5748.08 of the Revised Code shall be determined by the tax	15026
commissioner, upon the request of the commission. The commission	15027
shall determine the election at which the question of the tax	15028
shall appear on the ballot, and the board of education or	15029
commission shall submit a copy of its resolution to the board of	15030
elections not later than seventy-five days prior to the day of	15031
that election. The board of elections conducting the election	15032
shall certify the results of the election to the board of	15033
education and to the financial planning and supervision	15034
commission.	15035

Sec. 3317.01. As used in this section and section 3317.011	15036
of the Revised Code, "school district," unless otherwise	15037
specified, means any city, local, exempted village, joint	15038
vocational, or cooperative education school district and any	15039
educational service center.	15040

This chapter shall be administered by the state board of	15041
education. The superintendent of public instruction shall	15042
calculate the amounts payable to each school district and shall	15043
certify the amounts payable to each eligible district to the	15044
treasurer of the district as provided by this chapter. No moneys	15045
shall be distributed pursuant to this chapter without the approval	15046
of the controlling board.	15047

The state board of education shall, in accordance with	15048
appropriations made by the general assembly, meet the financial	15049
obligations of this chapter.	15050

Annually, the department of education shall calculate and	15051
report to each school district the district's total state and	15052
local funds for providing an adequate basic education to the	15053
district's nonhandicapped students, utilizing the determination in	15054
section 3317.012 of the Revised Code. In addition, the department	15055
shall calculate and report separately for each school district the	15056
district's total state and local funds for providing an adequate	15057
education for its handicapped students, utilizing the	15058
determinations in both sections 3317.012 and 3317.013 of the	15059
Revised Code.	15060

Not later than the thirty-first day of August of each fiscal	15061
year, the department of education shall provide to each school	15062
district and county MR/DD board a preliminary estimate of the	15063
amount of funding that the department calculates the district will	15064
receive under each of divisions (C)(1) and (4) of section 3317.022	15065
of the Revised Code. No later than the first day of December of	15066
each fiscal year, the department shall update that preliminary	15067
estimate.	15068

Moneys distributed pursuant to this chapter shall be	15069
calculated and paid on a fiscal year basis, beginning with the	15070
first day of July and extending through the thirtieth day of June.	15071
The moneys appropriated for each fiscal year shall be distributed	15072
at least monthly to each school district unless otherwise provided	15073
for. The state board shall submit a yearly distribution plan to	15074
the controlling board at its first meeting in July. The state	15075
board shall submit any proposed midyear revision of the plan to	15076
the controlling board in January. Any year-end revision of the	15077
plan shall be submitted to the controlling board in June. If	15078
moneys appropriated for each fiscal year are distributed other	15079
than monthly, such distribution shall be on the same basis for	15080
each school district.	15081

The total amounts paid each month shall constitute, as nearly	15082
as possible, one-twelfth of the total amount payable for the	15083
entire year. Monthly payments of the district's base cost funding	15084
shall be made be dividing by twelve the amount calculated using	15085
the average daily attendance appropriate for that month under	15086
division (A)(1) of section 3317.022, division (B) of section	15087
3317.16, or division (C) of section 3317.0217 of the Revised Code,	15088
as applicable. Payments made during the first six months of the	15089
fiscal year may be based on an estimate of the amounts payable for	15090
the entire year. Payments made in the last six months shall be	15091
based on the final calculation of the amounts payable to each	15092
school district for that fiscal year. Payments made in the last	15093
six months may be adjusted, if necessary, to correct the amounts	15094
distributed in the first six months, and to reflect enrollment	15095
increases when such are at least three per cent. Except as	15096
otherwise provided, payments under this chapter shall be made only	15097
to those school districts in which:	15098

(A) The school district, except for any educational service	15099
center and any joint vocational or cooperative education school	15100
district, levies for current operating expenses at least twenty	15101
mills. Levies for joint vocational or cooperative education school	15102
districts or county school financing districts, limited to or to	15103
the extent apportioned to current expenses, shall be included in	15104
this qualification requirement. School district income tax levies	15105
under Chapter 5748. of the Revised Code, limited to or to the	15106
extent apportioned to current operating expenses, shall be	15107
included in this qualification requirement to the extent	15108
determined by the tax commissioner under division (D) of section	15109
3317.021 of the Revised Code.	15110

(B) The school year next preceding the fiscal year for which	15111
such payments are authorized meets the requirement of section	15112
3313.48 or 3313.481 of the Revised Code, with regard to the	15113
minimum number of days or hours school must be open for	15114
instruction with pupils in attendance, for individualized	15115
parent-teacher conference and reporting periods, and for	15116
professional meetings of teachers. This requirement shall be	15117
waived by the superintendent of public instruction if it had been	15118
necessary for a school to be closed because of disease epidemic,	15119
hazardous weather conditions, inoperability of school buses or	15120
other equipment necessary to the school's operation, damage to a	15121
school building, or other temporary circumstances due to utility	15122
failure rendering the school building unfit for school use,	15123
provided that for those school districts operating pursuant to	15124
section 3313.48 of the Revised Code the number of days the school	15125
was actually open for instruction with pupils in attendance and	15126
for individualized parent-teacher conference and reporting periods	15127
is not less than one hundred seventy-five, or for those school	15128
districts operating on a trimester plan the number of days the	15129
school was actually open for instruction with pupils in attendance	15130
not less than seventy-nine days in any trimester, for those school	15131
districts operating on a quarterly plan the number of days the	15132
school was actually open for instruction with pupils in attendance	15133
not less than fifty-nine days in any quarter, or for those school	15134
districts operating on a pentamester plan the number of days the	15135
school was actually open for instruction with pupils in attendance	15136
not less than forty-four days in any pentamester.	15137

A school district shall not be considered to have failed to	15138
comply with this division or section 3313.481 of the Revised Code	15139
because schools were open for instruction but either twelfth grade	15140
students were excused from attendance for up to three days or only	15141
a portion of the kindergarten students were in attendance for up	15142
to three days in order to allow for the gradual orientation to	15143
school of such students.	15144

The superintendent of public instruction shall waive the	15145
requirements of this section with reference to the minimum number	15146
of days or hours school must be in session with pupils in	15147
attendance for the school year succeeding the school year in which	15148
a board of education initiates a plan of operation pursuant to	15149
section 3313.481 of the Revised Code. The minimum requirements of	15150
this section shall again be applicable to such a district	15151
beginning with the school year commencing the second July	15152
succeeding the initiation of one such plan, and for each school	15153
year thereafter.	15154

A school district shall not be considered to have failed to	15155
comply with this division or section 3313.48 or 3313.481 of the	15156
Revised Code because schools were open for instruction but the	15157
length of the regularly scheduled school day, for any number of	15158
days during the school year, was reduced by not more than two	15159
hours due to hazardous weather conditions.	15160

(C) The school district has on file, and is paying in	15161
accordance with, a teachers' salary schedule which complies with	15162
section 3317.13 of the Revised Code.	15163

A board of education or governing board of an educational	15164
service center which has not conformed with other law and the	15165
rules pursuant thereto, shall not participate in the distribution	15166
of funds authorized by sections 3317.022 to 3317.0211, 3317.11,	15167
3317.16, 3317.17, and 3317.19 of the Revised Code, except for good	15168
and sufficient reason established to the satisfaction of the state	15169
board of education and the state controlling board.	15170

All funds allocated to school districts under this chapter,	15171
except those specifically allocated for other purposes, shall be	15172
used to pay current operating expenses only.	15173

Sec. 3317.012. (A)(1) The general assembly, having analyzed	15174
school district expenditure and cost data for fiscal year 1999,	15175
performed the calculation described in division (B) of this	15176
section, adjusted the results for inflation, and added the amounts	15177
described in division (A)(2) of this section, hereby determines	15178
that the base cost of an adequate education per pupil for the	15179
fiscal year beginning July 1, 2001, is $4,814. For the ~~five~~three	15180
following fiscal years, the base cost per pupil for each of those	15181
years, reflecting an annual rate of inflation of two and	15182
eight-tenths per cent, is $4,949 for fiscal year 2003, $5,088 for	15183
fiscal year 2004, and $5,230 for fiscal year 2005~~, $5,376 for~~	15184
~~fiscal year 2006, and $5,527 for fiscal year 2007~~.	15185

(2) The base cost per pupil amounts specified in division	15186
(A)(1) of this section include amounts to reflect the cost to	15187
school districts of increasing the minimum number of high school	15188
academic units required for graduation beginning September 15,	15189
2001, under section 3313.603 of the Revised Code. Analysis of	15190
fiscal year 1999 data revealed that the school districts meeting	15191
the requirements of division (B) of this section on average	15192
required high school students to complete a minimum of nineteen	15193
and eight-tenths units to graduate. The general assembly	15194
determines that the cost of funding the additional two-tenths unit	15195
required by section 3313.603 of the Revised Code is $12 per pupil	15196
in fiscal year 2002. This amount was added after the calculation	15197
described in division (B) of this section and the adjustment for	15198
inflation from fiscal year 1999 to fiscal year 2002. It is this	15199
total amount, the calculated base cost plus the supplement to pay	15200
for the additional partial unit, that constitutes the base cost	15201
amount specified in division (A)(1) of this section for fiscal	15202
year 2002 and that is inflated to produce the base cost amounts	15203
for fiscal years 2003 through ~~2007~~2005.	15204

(B) In determining the base cost stated in division (A) of	15205
this section, capital and debt costs, costs paid for by federal	15206
funds, and costs covered by funds provided for disadvantaged pupil	15207
impact aid and transportation were excluded, as were the effects	15208
on the districts' state funds of the application of the	15209
cost-of-doing-business factors, assuming a seven and one-half per	15210
cent variance.	15211

The base cost for fiscal year 1999 was calculated as the	15212
unweighted average cost per student, on a school district basis,	15213
of educating students who were not receiving vocational education	15214
or services pursuant to Chapter 3323. of the Revised Code and who	15215
were enrolled in a city, exempted village, or local school	15216
district that in fiscal year 1999 met all of the following	15217
criteria:	15218

(1) The district met at least twenty of the following	15219
twenty-seven performance indicators:	15220

(a) A ninety per cent or higher graduation rate;

15221

(b) At least seventy-five per cent of fourth graders	15222
proficient on the mathematics test prescribed under former	15223
division (A)(1) of section 3301.0710 of the Revised Code;	15224

(c) At least seventy-five per cent of fourth graders	15225
proficient on the reading test prescribed under former division	15226
(A)(1) of section 3301.0710 of the Revised Code;	15227

(d) At least seventy-five per cent of fourth graders	15228
proficient on the writing test prescribed under former division	15229
(A)(1) of section 3301.0710 of the Revised Code;	15230

(e) At least seventy-five per cent of fourth graders	15231
proficient on the citizenship test prescribed under former	15232
division (A)(1) of section 3301.0710 of the Revised Code;	15233

(f) At least seventy-five per cent of fourth graders	15234
proficient on the science test prescribed under former division	15235
(A)(1) of section 3301.0710 of the Revised Code;	15236

(g) At least seventy-five per cent of sixth graders	15237
proficient on the mathematics test prescribed under former	15238
division (A)(2) of section 3301.0710 of the Revised Code;	15239

(h) At least seventy-five per cent of sixth graders	15240
proficient on the reading test prescribed under former division	15241
(A)(2) of section 3301.0710 of the Revised Code;	15242

(i) At least seventy-five per cent of sixth graders	15243
proficient on the writing test prescribed under former division	15244
(A)(2) of section 3301.0710 of the Revised Code;	15245

(j) At least seventy-five per cent of sixth graders	15246
proficient on the citizenship test prescribed under former	15247
division (A)(2) of section 3301.0710 of the Revised Code;	15248

(k) At least seventy-five per cent of sixth graders	15249
proficient on the science test prescribed under former division	15250
(A)(2) of section 3301.0710 of the Revised Code;	15251

(l) At least seventy-five per cent of ninth graders	15252
proficient on the mathematics test prescribed under Section 4 of	15253
Am. Sub. S.B. 55 of the 122nd general assembly;	15254

(m) At least seventy-five per cent of ninth graders	15255
proficient on the reading test prescribed under Section 4 of Am.	15256
Sub. S.B. 55 of the 122nd general assembly;	15257

(n) At least seventy-five per cent of ninth graders	15258
proficient on the writing test prescribed under Section 4 of Am.	15259
Sub. S.B. 55 of the 122nd general assembly;	15260

(o) At least seventy-five per cent of ninth graders	15261
proficient on the citizenship test prescribed under Section 4 of	15262
Am. Sub. S.B. 55 of the 122nd general assembly;	15263

(p) At least seventy-five per cent of ninth graders	15264
proficient on the science test prescribed under Section 4 of Am.	15265
Sub. S.B. 55 of the 122nd general assembly;	15266

(q) At least eighty-five per cent of tenth graders proficient	15267
on the mathematics test prescribed under Section 4 of Am. Sub.	15268
S.B. 55 of the 122nd general assembly;	15269

(r) At least eighty-five per cent of tenth graders proficient	15270
on the reading test prescribed under Section 4 of Am. Sub. S.B. 55	15271
of the 122nd general assembly;	15272

(s) At least eighty-five per cent of tenth graders proficient	15273
on the writing test prescribed under Section 4 of Am. Sub. S.B. 55	15274
of the 122nd general assembly;	15275

(t) At least eighty-five per cent of tenth graders proficient	15276
on the citizenship test prescribed under Section 4 of Am. Sub.	15277
S.B. 55 of the 122nd general assembly;	15278

(u) At least eighty-five per cent of tenth graders proficient	15279
on the science test prescribed under Section 4 of Am. Sub. S.B. 55	15280
of the 122nd general assembly;	15281

(v) At least sixty per cent of twelfth graders proficient on	15282
the mathematics test prescribed under former division (A)(3) of	15283
section 3301.0710 of the Revised Code;	15284

(w) At least sixty per cent of twelfth graders proficient on	15285
the reading test prescribed under former division (A)(3) of	15286
section 3301.0710 of the Revised Code;	15287

(x) At least sixty per cent of twelfth graders proficient on	15288
the writing test prescribed under former division (A)(3) of	15289
section 3301.0710 of the Revised Code;	15290

(y) At least sixty per cent of twelfth graders proficient on	15291
the citizenship test prescribed under former division (A)(3) of	15292
section 3301.0710 of the Revised Code;	15293

(z) At least sixty per cent of twelfth graders proficient on	15294
the science test prescribed under former division (A)(3) of	15295
section 3301.0710 of the Revised Code;	15296

(aa) An attendance rate for the year of at least ninety-three	15297
per cent as defined in section 3302.01 of the Revised Code.	15298

In determining whether a school district met any of the	15299
performance standards specified in divisions (B)(1)(a) to (aa) of	15300
this section, the general assembly used a rounding procedure	15301
previously recommended by the department of education. It is the	15302
same rounding procedure the general assembly used in 1998 to	15303
determine whether a district had met the standards of former	15304
divisions (B)(1)(a) to (r) of this section for purposes of	15305
constructing the previous model based on fiscal year 1996 data.	15306

(2) The district was not among the five per cent of all	15307
districts with the highest income, nor among the five per cent of	15308
all districts with the lowest income.	15309

(3) The district was not among the five per cent of all	15310
districts with the highest valuation per pupil, nor among the five	15311
per cent of all districts with the lowest valuation per pupil.	15312

This model for calculating the base cost of an adequate	15313
education is expenditure-based. The general assembly recognizes	15314
that increases in state funding to school districts since fiscal	15315
year 1996, the fiscal year upon which the general assembly based	15316
its model for calculating state funding to school districts for	15317
fiscal years 1999 through 2001, has increased school district base	15318
cost expenditures for fiscal year 1999, the fiscal year upon which	15319
the general assembly based its model for calculating state funding	15320
for fiscal years 2002 through ~~2007~~2005. In the case of school	15321
districts included in the fiscal year 1999 model that also had met	15322
the fiscal year 1996 performance criteria of former division	15323
(B)(1) of this section, the increased state funding may have	15324
driven the districts' expenditures beyond the expenditures that	15325
were actually needed to maintain their educational programs at the	15326
level necessary to maintain their ability to meet the fiscal year	15327
1999 performance criteria of current division (B)(1) of this	15328
section. The general assembly has determined to control for this	15329
effect by stipulating in the later model that the fiscal year 1999	15330
base cost expenditures of the districts that also met the	15331
performance criteria of former division (B)(1) of this section	15332
equals their base cost expenditures per pupil for fiscal year	15333
1996, inflated to fiscal year 1999 using an annual rate of	15334
inflation of two and eight-tenths per cent. However, if this	15335
inflated amount exceeded the district's actual fiscal year 1999	15336
base cost expenditures per pupil, the district's actual fiscal	15337
year 1999 base cost expenditures per pupil were used in the	15338
calculation. For districts in the 1999 model that did not also	15339
meet the performance criteria of former division (B)(1) of this	15340
section, the actual 1999 base cost per pupil expenditures were	15341
used in the calculation of the average district per pupil costs of	15342
the model districts.	15343

~~(C) In July of 2005, and in July of every six years~~	15344
~~thereafter, the speaker of the house of representatives and the~~	15345
~~president of the senate shall each appoint three members to a~~	15346
~~committee to reexamine the cost of an adequate education. No more~~	15347
~~than two members from any political party shall represent each~~	15348
~~house. The director of budget and management and the~~	15349
~~superintendent of public instruction shall serve as nonvoting ex~~	15350
~~officio members of the committee.~~	15351

~~The committee shall select a rational methodology for~~	15352
~~calculating the costs of an adequate education system for the~~	15353
~~ensuing six-year period, and shall report the methodology and the~~	15354
~~resulting costs to the general assembly. In performing its~~	15355
~~function, the committee is not bound by any method used by~~	15356
~~previous general assemblies to examine and calculate costs and~~	15357
~~instead may utilize any rational method it deems suitable and~~	15358
~~reasonable given the educational needs and requirements of the~~	15359
~~state at that time.~~	15360

~~The methodology for determining the cost of an adequate~~	15361
~~education system shall take into account the basic educational~~	15362
~~costs that all districts incur in educating regular students, the~~	15363
~~unique needs of special categories of students, and significant~~	15364
~~special conditions encountered by certain classifications of~~	15365
~~school districts.~~	15366

~~The committee also shall redetermine, for purposes of~~	15367
~~updating the parity aid calculation under section 3317.0217 of the~~	15368
~~Revised Code, the average number of effective operating mills that~~	15369
~~school districts in the seventieth to ninetieth percentiles of~~	15370
~~valuations per pupil collect above the revenues required to~~	15371
~~finance their attributed local shares of the calculated cost of an~~	15372
~~adequate education.~~	15373

~~Any committee appointed pursuant to this section shall make~~	15374
~~its report to the office of budget and management and the general~~	15375
~~assembly within one year of its appointment so that the~~	15376
~~information is available for use by the office and the general~~	15377
~~assembly in preparing the next biennial appropriations act.~~	15378

~~(D)(1) For purposes of this division, an "update year" is the~~	15379
~~first fiscal year for which the per pupil base cost of an adequate~~	15380
~~education is in effect after being recalculated by the general~~	15381
~~assembly. The first update year is fiscal year 2002. The second~~	15382
~~update year is fiscal year 2008.~~	15383

~~(2) The general assembly shall recalculate the per pupil base~~	15384
~~cost of an adequate education every six years after considering~~	15385
~~the recommendations of the committee appointed under division (C)~~	15386
~~of this section. At the time of the recalculation, for each of the~~	15387
~~five fiscal years following the update year, the general assembly~~	15388
~~shall adjust the base cost recalculated for the update year using~~	15389
~~an annual rate of inflation that the general assembly determines~~	15390
~~appropriate.~~	15391

~~(3) The general assembly shall include, in the act~~	15392
~~appropriating state funds for education programs for a fiscal~~	15393
~~biennium that begins with an update year, a statement of its~~	15394
~~determination of the total state share percentage of base cost and~~	15395
~~parity aid funding for the update year.~~	15396

~~(4) During its biennial budget deliberations, the general~~	15397
~~assembly shall determine the total state share percentage of base~~	15398
~~cost and parity aid funding for each fiscal year of the upcoming~~	15399
~~biennium. This determination shall be based on the latest~~	15400
~~projections and data provided by the department of education under~~	15401
~~division (D)(6) of this section prior to the enactment of~~	15402
~~education appropriations for the upcoming biennium. If, based on~~	15403
~~those latest projections and data, the general assembly determines~~	15404
~~that the total state share percentage for either or both nonupdate~~	15405
~~fiscal years varies more than two and one-half percentage points~~	15406
~~more or less than the total state share percentage for the most~~	15407
~~recent update year, as previously stated by the general assembly~~	15408
~~under division (D)(3) of this section, the general assembly shall~~	15409
~~determine and enact a method that it considers appropriate to~~	15410
~~restrict the estimated variance for each year to within two and~~	15411
~~one-half percentage points. The general assembly's methods may~~	15412
~~include, but are not required to include and need not be limited~~	15413
~~to, reexamining the rate of millage charged off as the local share~~	15414
~~of base cost funding under divisions (A)(1) and (2) of section~~	15415
~~3317.022 of the Revised Code. Regardless of any changes in~~	15416
~~charge-off millage rates in years between update years, however,~~	15417
~~the charge-off millage rate for update years shall be twenty-three~~	15418
~~mills, unless the general assembly determines that a different~~	15419
~~millage rate is more appropriate to share the total calculated~~	15420
~~base cost between the state and school districts.~~	15421

~~(5) The total state share percentage of base cost and parity~~	15422
~~aid funding for any fiscal year is calculated as follows:~~	15423

~~[(Total state base cost + total state parity aid funding) -~~	15424
~~statewide charge-off amount] / (Total state base cost + total~~	15425
~~state parity aid funding)~~	15426

~~Where:~~

15427

~~(a) The total state base cost equals the sum of the base~~	15428
~~costs for all school districts for the fiscal year.~~	15429

~~(b) The base cost for each school district equals:~~

15430

~~formula amount X cost-of-doing-business factor X~~

15431

~~the greater of formula ADM or~~	15432

~~three-year average formula ADM~~

15433

~~(c) The total state parity aid funding equals the sum of the~~	15434
~~amounts paid to all school districts for the fiscal year under~~	15435
~~section 3317.0217 of the Revised Code.~~	15436

~~(d) The statewide charge-off amount equals the sum of the~~	15437
~~charge-off amounts for all school districts.~~	15438

~~(e) The charge-off amount for each school district is the~~	15439
~~amount calculated as its local share of base cost funding and~~	15440
~~deducted from the total calculated base cost to determine the~~	15441
~~amount of its state payment under divisions (A)(1) and (2) of~~	15442
~~section 3317.022 of the Revised Code. The charge-off amount for~~	15443
~~each school district in fiscal year 2002 is the product of~~	15444
~~twenty-three mills multiplied by the district's recognized~~	15445
~~valuation as adjusted, if applicable, under division (A)(2) of~~	15446
~~section 3317.022 of the Revised Code. If however, in any fiscal~~	15447
~~year, including fiscal year 2002, a school district's calculated~~	15448
~~charge-off amount exceeds its base cost calculated as described in~~	15449
~~division (D)(5)(b) of this section, the district's charge-off~~	15450
~~amount shall be deemed to equal its calculated base cost.~~	15451

~~(6) Whenever requested by the chairperson of the standing~~	15452
~~committee of the house or representatives or the senate having~~	15453
~~primary jurisdiction over appropriations, the legislative budget~~	15454
~~officer, or the director of budget and management, the department~~	15455
~~of education shall report its latest projections for total base~~	15456
~~cost, total parity aid funding, and the statewide charge-off~~	15457
~~amount, as those terms are defined in division (D)(5) of this~~	15458
~~section, for each year of the upcoming fiscal biennium, and all~~	15459
~~data it used to make the projections.~~	15460

Sec. 3317.013. This section does not apply to handicapped	15461
preschool students.	15462

Analysis of special education cost data has resulted in a	15463
finding that the average special education additional cost per	15464
pupil, including the costs of related services, can be expressed	15465
as a multiple of the base cost per pupil calculated under section	15466
3317.012 of the Revised Code. The multiples for the following	15467
categories of special education programs, as these programs are	15468
defined for purposes of Chapter 3323. of the Revised Code, and	15469
adjusted as provided in this section, are as follows:	15470

(A) A multiple of 0.2892 for students whose primary or only	15471
identified handicap is a speech and language handicap, as this	15472
term is defined pursuant to Chapter 3323. of the Revised Code;	15473

(B) A multiple of 0.3691 for students identified as specific	15474
learning disabled or developmentally handicapped, as these terms	15475
are defined pursuant to Chapter 3323. of the Revised Code, or	15476
other health handicapped-minor;	15477

(C) A multiple of 1.7695 for students identified as hearing	15478
handicapped, vision impaired, or severe behavior handicapped, as	15479
these terms are defined pursuant to Chapter 3323. of the Revised	15480
Code;	15481

(D) A multiple of 2.3646 for students identified as	15482
orthopedically handicapped, as this term is defined pursuant to	15483
Chapter 3323. of the Revised Code or other health handicapped -	15484
major;	15485

(E) A multiple of 3.1129 for students identified as	15486
multihandicapped, as this term is defined pursuant to Chapter	15487
3323. of the Revised Code;	15488

(F) A multiple of 4.7342 for students identified as autistic,	15489
having traumatic brain injuries, or as both visually and hearing	15490
disabled, as these terms are defined pursuant to Chapter 3323. of	15491
the Revised Code.	15492

In fiscal ~~year 2002~~years 2004 and 2005, ~~the multiples~~	15493
~~specified in divisions (A) to (F) of this section shall be~~	15494
~~adjusted by multiplying them by 0.825. In fiscal year 2003, the~~	15495
~~multiples specified in those divisions shall be adjusted by~~	15496
~~multiplying them by 0.875~~for purposes of calculating the state	15497
and local shares of special education and related services	15498
additional weighted funding, the department of education shall	15499
determine a percentage with which it shall adjust the multiples	15500
specified in divisions (A) to (F) of this section so that the	15501
adjusted multiples generate state funding equal to the amount	15502
appropriated for the state share of special education and related	15503
services additional weighted funding. The department shall certify	15504
the fiscal year 2004 percentage to the office of budget and	15505
management not later than July 30, 2003, and shall certify the	15506
fiscal year 2005 percentage to the office not later than July 30,	15507
2004. The department may adjust the percentage in effect during	15508
each fiscal year if updated data indicate that that percentage	15509
will generate state share funding that is greater than or less	15510
than the amount appropriated for it. The department shall notify	15511
the office of budget and management each time it adjusts the	15512
percentage and provide the office with the data justifying the	15513
adjustment.	15514

In fiscal years 2004 and 2005, not less than one hundred per	15515
cent of the unadjusted average special education additional cost	15516
per pupil, represented by the unadjusted multiples of the base	15517
cost per pupil specified in divisions (A) to (F) of this section,	15518
shall be funded through a combination of the state and local	15519
shares of special education and related services additional	15520
weighted funding as calculated under this chapter and federal	15521
special education funds passed through to city, local, exempted	15522
village, and joint vocational school districts. Not later than May	15523
30, 2004, and May 30, 2005, the department shall submit to the	15524
office of budget and management a report that specifies for each	15525
city, local, exempted village, and joint vocational school	15526
district the fiscal year allocation of the state and local shares	15527
of special education and related services additional weighted	15528
funding and federal special education funds passed through to the	15529
district.	15530

Sec. 3317.02. As used in this chapter:

15531

(A) Unless otherwise specified, "school district" means city,	15532
local, and exempted village school districts.	15533

(B) "Formula amount" means the base cost for the fiscal year	15534
specified in section 3317.012 of the Revised Code.	15535

(C) "FTE basis" means a count of students based on full-time	15536
equivalency, in accordance with rules adopted by the department of	15537
education pursuant to section 3317.03 of the Revised Code. In	15538
adopting its rules under this division, the department shall	15539
provide for counting any student in category one, two, three,	15540
four, five, or six special education ADM or in category one or two	15541
vocational education ADM in the same proportion the student is	15542
counted in formula ADM or average daily attendance.	15543

(D)(1) "Formula ADM" means, for a city, local, or exempted	15544
village school district, the number reported pursuant to division	15545
(A) of section 3317.03 of the Revised Code, and for a joint	15546
vocational school district, the number reported pursuant to	15547
division (D) of that section.	15548

(2) "Three-year average formula ADM" means the average of	15549
formula ADMs for the current and preceding two fiscal years.	15550
However, as applicable in fiscal years 1999 and 2000, the	15551
three-year average for city, local, and exempted village school	15552
districts shall be determined utilizing the FY 1997 ADM or FY 1998	15553
ADM in lieu of formula ADM for fiscal year 1997 or 1998. In fiscal	15554
years 2000 and 2001, the three-year average for joint vocational	15555
school districts shall be determined utilizing the average daily	15556
membership reported in fiscal years 1998 and 1999 under division	15557
(D) of section 3317.03 of the Revised Code in lieu of formula ADM	15558
for fiscal years 1998 and 1999.	15559

~~(E)~~(3) "FY 1997 ADM" or "FY 1998 ADM" means the school	15560
district's average daily membership reported for the applicable	15561
fiscal year under the version of division (A) of section 3317.03	15562
of the Revised Code in effect during that fiscal year, adjusted as	15563
follows:	15564

~~(1)~~(a) Minus the average daily membership of handicapped	15565
preschool children;	15566

~~(2)~~(b) Minus one-half of the average daily membership	15567
attending kindergarten;	15568

~~(3)~~(c) Minus three-fourths of the average daily membership	15569
attending a joint vocational school district;	15570

~~(4)~~(d) Plus the average daily membership entitled under	15571
section 3313.64 or 3313.65 of the Revised Code to attend school in	15572
the district but receiving educational services in approved units	15573
from an educational service center or another school district	15574
under a compact or a cooperative education agreement, as	15575
determined by the department;	15576

~~(5)~~(e) Minus the average daily membership receiving	15577
educational services from the district in approved units but	15578
entitled under section 3313.64 or 3313.65 of the Revised Code to	15579
attend school in another school district, as determined by the	15580
department.	15581

(E) "Average daily attendance" means the average daily	15582
attendance reported for the prior month under section 3317.034 of	15583
the Revised Code. For purposes of calculating payments under	15584
division (A)(1) of section 3317.022, division (B) of section	15585
3317.16, and section 3317.0217 of the Revised Code in July,	15586
August, and September, the department of education shall use the	15587
average daily attendance reported for the prior May.	15588

(F)(1) "Category one special education ADM" means the average	15589
daily membership of handicapped children receiving special	15590
education services for the handicap specified in division (A) of	15591
section 3317.013 of the Revised Code and reported under division	15592
(B)(5) or (D)(2)(b) of section 3317.03 of the Revised Code.	15593

(2) "Category two special education ADM" means the average	15594
daily membership of handicapped children receiving special	15595
education services for those handicaps specified in division (B)	15596
of section 3317.013 of the Revised Code and reported under	15597
division (B)(6) or (D)(2)(c) of section 3317.03 of the Revised	15598
Code.	15599

(3) "Category three special education ADM" means the average	15600
daily membership of students receiving special education services	15601
for those handicaps specified in division (C) of section 3317.013	15602
of the Revised Code, and reported under division (B)(7) or	15603
(D)(2)(d) of section 3317.03 of the Revised Code.	15604

(4) "Category four special education ADM" means the average	15605
daily membership of students receiving special education services	15606
for those handicaps specified in division (D) of section 3317.013	15607
of the Revised Code and reported under division (B)(8) or	15608
(D)(2)(e) of section 3317.03 of the Revised Code.	15609

(5) "Category five special education ADM" means the average	15610
daily membership of students receiving special education services	15611
for the handicap specified in division (E) of section 3317.013 of	15612
the Revised Code and reported under division (B)(9) or (D)(2)(f)	15613
of section 3317.03 of the Revised Code.	15614

(6) "Category six special education ADM" means the average	15615
daily membership of students receiving special education services	15616
for the handicap specified in division (F) of section 3317.013 of	15617
the Revised Code and reported under division (B)(10) or (D)(2)(g)	15618
of section 3317.03 of the Revised Code.	15619

(7) "Category one vocational education ADM" means the average	15620
daily membership of students receiving vocational education	15621
services described in division (A) of section 3317.014 of the	15622
Revised Code and reported under division (B)(11) or (D)(2)(h) of	15623
section 3317.03 of the Revised Code.	15624

(8) "Category two vocational education ADM" means the average	15625
daily membership of students receiving vocational education	15626
services described in division (B) of section 3317.014 of the	15627
Revised Code and reported under division (B)(12) or (D)(2)(i) of	15628
section 3317.03 of the Revised Code.	15629

(G) "Handicapped preschool child" means a handicapped child,	15630
as defined in section 3323.01 of the Revised Code, who is at least	15631
age three but is not of compulsory school age, as defined in	15632
section 3321.01 of the Revised Code, and who is not currently	15633
enrolled in kindergarten.	15634

(H) "County MR/DD board" means a county board of mental	15635
retardation and developmental disabilities.	15636

(I) "Recognized valuation" means the amount calculated for a	15637
school district pursuant to section 3317.015 of the Revised Code.	15638

(J) "Transportation ADM" means the number of children	15639
reported under division (B)(13) of section 3317.03 of the Revised	15640
Code.	15641

(K) "Average efficient transportation use cost per student"	15642
means a statistical representation of transportation costs as	15643
calculated under division (D)(2) of section 3317.022 of the	15644
Revised Code.	15645

(L) "Taxes charged and payable" means the taxes charged and	15646
payable against real and public utility property after making the	15647
reduction required by section 319.301 of the Revised Code, plus	15648
the taxes levied against tangible personal property.	15649

(M) "Total taxable value" means the sum of the amounts	15650
certified for a city, local, exempted village, or joint vocational	15651
school district under divisions (A)(1) and (2) of section 3317.021	15652
of the Revised Code.	15653

(N) "Cost-of-doing-business factor" means the amount	15654
indicated in this division for the county in which a city, local,	15655
exempted village, or joint vocational school district is located.	15656
If a city, local, or exempted village school district is located	15657
in more than one county, the factor is the amount indicated for	15658
the county to which the district is assigned by the state	15659
department of education. If a joint vocational school district is	15660
located in more than one county, the factor is the amount	15661
indicated for the county in which the joint vocational school with	15662
the greatest formula ADM operated by the district is located.	15663

	COST-OF-DOING-BUSINESS	15664
COUNTY	FACTOR AMOUNT	15665
Adams	1.0061	15666
Allen	1.0236	15667
Ashland	1.0331	15668
Ashtabula	1.0431	15669
Athens	1.0038	15670
Auglaize	1.0272	15671
Belmont	1.0043	15672
Brown	1.0207	15673
Butler	1.0663	15674
Carroll	1.0148	15675
Champaign	1.0413	15676
Clark	1.0443	15677
Clermont	1.0532	15678
Clinton	1.0296	15679
Columbiana	1.0262	15680
Coshocton	1.0200	15681
Crawford	1.0140	15682
Cuyahoga	1.0672	15683
Darke	1.0343	15684
Defiance	1.0165	15685
Delaware	1.0479	15686
Erie	1.0372	15687
Fairfield	1.0354	15688
Fayette	1.0258	15689
Franklin	1.0519	15690
Fulton	1.0361	15691
Gallia	1.0000	15692
Geauga	1.0528	15693
Greene	1.0407	15694
Guernsey	1.0064	15695
Hamilton	1.0750	15696
Hancock	1.0215	15697
Hardin	1.0348	15698
Harrison	1.0081	15699
Henry	1.0338	15700
Highland	1.0129	15701
Hocking	1.0151	15702
Holmes	1.0238	15703
Huron	1.0305	15704
Jackson	1.0118	15705
Jefferson	1.0067	15706
Knox	1.0258	15707
Lake	1.0556	15708
Lawrence	1.0122	15709
Licking	1.0375	15710
Logan	1.0362	15711
Lorain	1.0521	15712
Lucas	1.0406	15713
Madison	1.0437	15714
Mahoning	1.0384	15715
Marion	1.0263	15716
Medina	1.0595	15717
Meigs	1.0018	15718
Mercer	1.0199	15719
Miami	1.0415	15720
Monroe	1.0097	15721
Montgomery	1.0476	15722
Morgan	1.0128	15723
Morrow	1.0276	15724
Muskingum	1.0145	15725
Noble	1.0103	15726
Ottawa	1.0468	15727
Paulding	1.0140	15728
Perry	1.0154	15729
Pickaway	1.0326	15730
Pike	1.0094	15731
Portage	1.0516	15732
Preble	1.0476	15733
Putnam	1.0243	15734
Richland	1.0213	15735
Ross	1.0085	15736
Sandusky	1.0307	15737
Scioto	1.0029	15738
Seneca	1.0223	15739
Shelby	1.0263	15740
Stark	1.0300	15741
Summit	1.0598	15742
Trumbull	1.0381	15743
Tuscarawas	1.0097	15744
Union	1.0446	15745
Van Wert	1.0133	15746
Vinton	1.0070	15747
Warren	1.0659	15748
Washington	1.0075	15749
Wayne	1.0404	15750
Williams	1.0284	15751
Wood	1.0382	15752
Wyandot	1.0188	15753

(O) "Tax exempt value" of a school district means the amount	15754
certified for a school district under division (A)(4) of section	15755
3317.021 of the Revised Code.	15756

(P) "Potential value" of a school district means the	15757
recognized valuation of a school district plus the tax exempt	15758
value of the district.	15759

(Q) "District median income" means the median Ohio adjusted	15760
gross income certified for a school district. On or before the	15761
first day of July of each year, the tax commissioner shall certify	15762
to the department of education for each city, exempted village,	15763
and local school district the median Ohio adjusted gross income of	15764
the residents of the school district determined on the basis of	15765
tax returns filed for the second preceding tax year by the	15766
residents of the district.	15767

(R) "Statewide median income" means the median district	15768
median income of all city, exempted village, and local school	15769
districts in the state.	15770

(S) "Income factor" for a city, exempted village, or local	15771
school district means the quotient obtained by dividing that	15772
district's median income by the statewide median income.	15773

(T) "Medically fragile child" means a child to whom all of	15774
the following apply:	15775

(1) The child requires the services of a doctor of medicine	15776
or osteopathic medicine at least once a week due to the	15777
instability of the child's medical condition.	15778

(2) The child requires the services of a registered nurse on	15779
a daily basis.	15780

(3) The child is at risk of institutionalization in a	15781
hospital, skilled nursing facility, or intermediate care facility	15782
for the mentally retarded.	15783

(U) A child may be identified as "other health	15784
handicapped-major" if the child's condition meets the definition	15785
of "other health impaired" established in rules adopted by the	15786
state board of education prior to ~~the effective date of this~~	15787
~~amendment~~July 1, 2001, and if either of the following apply:	15788

(1) The child is identified as having a medical condition	15789
that is among those listed by the superintendent of public	15790
instruction as conditions where a substantial majority of cases	15791
fall within the definition of "medically fragile child." The	15792
superintendent of public instruction shall issue an initial list	15793
no later than September 1, 2001.	15794

(2) The child is determined by the superintendent of public	15795
instruction to be a medically fragile child. A school district	15796
superintendent may petition the superintendent of public	15797
instruction for a determination that a child is a medically	15798
fragile child.	15799

(V) A child may be identified as "other health	15800
handicapped-minor" if the child's condition meets the definition	15801
of "other health impaired" established in rules adopted by the	15802
state board of education prior to ~~the effective date of this~~	15803
~~amendment~~July 1, 2001, but the child's condition does not meet	15804
either of the conditions specified in division (U)(1) or (2) of	15805
this section.	15806

Sec. 3317.022. (A)(1) The department of education shall	15807
compute and distribute state base cost funding to each school	15808
district for the fiscal year in accordance with the following	15809
formula, making any adjustment required by division (A)(2) of this	15810
section and using the information obtained under section 3317.021	15811
of the Revised Code in the calendar year in which the fiscal year	15812
begins.	15813

Compute the following for each eligible district:

15814

[(cost-of-doing-business factor X

15815

the formula amount X ~~(the greater of formula ADM~~

15816

~~or three-year average formula ADM)]~~

15817

average daily attendance) -

15818

(.023 X recognized valuation)

15819

If the difference obtained is a negative number, the	15820
district's computation shall be zero.	15821

(2)(a) For each school district for which the tax exempt	15822
value of the district equals or exceeds twenty-five per cent of	15823
the potential value of the district, the department of education	15824
shall calculate the difference between the district's tax exempt	15825
value and twenty-five per cent of the district's potential value.	15826

(b) For each school district to which division (A)(2)(a) of	15827
this section applies, the department shall adjust the recognized	15828
valuation used in the calculation under division (A)(1) of this	15829
section by subtracting from it the amount calculated under	15830
division (A)(2)(a) of this section.	15831

(B) As used in this section:

15832

(1) The "total special education weight" for a district means	15833
the sum of the following amounts:	15834

(a) The district's category one special education ADM	15835
multiplied by the multiple specified in division (A) of section	15836
3317.013 of the Revised Code;	15837

(b) The district's category two special education ADM	15838
multiplied by the multiple specified in division (B) of section	15839
3317.013 of the Revised Code;	15840

(c) The district's category three special education ADM	15841
multiplied by the multiple specified in division (C) of section	15842
3317.013 of the Revised Code;	15843

(d) The district's category four special education ADM	15844
multiplied by the multiple specified in division (D) of section	15845
3317.013 of the Revised Code;	15846

(e) The district's category five special education ADM	15847
multiplied by the multiple specified in division (E) of section	15848
3317.013 of the Revised Code;	15849

(f) The district's category six special education ADM	15850
multiplied by the multiple specified in division (F) of section	15851
3317.013 of the Revised Code.	15852

(2) "State share percentage" means the monthly percentage	15853
calculated for a district as follows:	15854

(a) Calculate the state base cost funding amount for the	15855
district for the fiscal year under division (A) of this section.	15856
If the district would not receive any state base cost funding for	15857
that year under that division, the district's state share	15858
percentage is zero.	15859

(b) If the district would receive state base cost funding	15860
under that division, divide that amount by an amount equal to the	15861
following:	15862

Cost-of-doing-business factor X

15863

the formula amount X ~~(the greater of formula~~

15864

~~ADM or three-year average formula ADM)~~

15865

average daily attendance

15866

The resultant number is the district's state share	15867
percentage.	15868

(3) "Related services" includes:

15869

(a) Child study, special education supervisors and	15870
coordinators, speech and hearing services, adaptive physical	15871
development services, occupational or physical therapy, teacher	15872
assistants for handicapped children whose handicaps are described	15873
in division (B) of section 3317.013 or division (F)(3) of section	15874
3317.02 of the Revised Code, behavioral intervention, interpreter	15875
services, work study, nursing services, and specialized	15876
integrative services as those terms are defined by the department;	15877

(b) Speech and language services provided to any student with	15878
a handicap, including any student whose primary or only handicap	15879
is a speech and language handicap;	15880

(c) Any related service not specifically covered by other	15881
state funds but specified in federal law, including but not	15882
limited to, audiology and school psychological services;	15883

(d) Any service included in units funded under former	15884
division (O)(1) of section 3317.023 of the Revised Code;	15885

(e) Any other related service needed by handicapped children	15886
in accordance with their individualized education plans.	15887

(4) The "total vocational education weight" for a district	15888
means the sum of the following amounts:	15889

(a) The district's category one vocational education ADM	15890
multiplied by the multiple specified in division (A) of section	15891
3317.014 of the Revised Code;	15892

(b) The district's category two vocational education ADM	15893
multiplied by the multiple specified in division (B) of section	15894
3317.014 of the Revised Code.	15895

(C)(1) The department shall compute and distribute state	15896
special education and related services additional weighted costs	15897
funds to each school district in accordance with the following	15898
formula:	15899

The district's state share percentage

15900

X the formula amount for the year

15901

for which the aid is calculated

15902

X the district's total special education weight

15903

(2) The attributed local share of special education and	15904
related services additional weighted costs equals:	15905

(1 - the district's state share percentage) X

15906

the district's total special education weight X

15907

the formula amount

15908

(3)(a) The department shall compute and pay in accordance	15909
with this division additional state aid to school districts for	15910
students in categories two through six special education ADM. If a	15911
district's costs for the fiscal year for a student in its	15912
categories two through six special education ADM exceed the	15913
threshold catastrophic cost for serving the student, the district	15914
may submit to the superintendent of public instruction	15915
documentation, as prescribed by the superintendent, of all its	15916
costs for that student. Upon submission of documentation for a	15917
student of the type and in the manner prescribed, the department	15918
shall pay to the district an amount equal to the sum of the	15919
following:	15920

(i) One-half of the district's costs for the student in	15921
excess of the threshold catastrophic cost;	15922

(ii) The product of one-half of the district's costs for the	15923
student in excess of the threshold catastrophic cost multiplied by	15924
the district's state share percentage.	15925

(b) For purposes of division (C)(3)(a) of this section, the	15926
threshold catastrophic cost for serving a student equals:	15927

(i) For a student in the school district's category two,	15928
three, four, or five special education ADM, twenty-five thousand	15929
dollars in fiscal year 2002 and twenty-five thousand seven hundred	15930
dollars in fiscal ~~year~~years 2003, 2004, and 2005;	15931

(ii) For a student in the district's category six special	15932
education ADM, thirty thousand dollars in fiscal year 2002 and	15933
thirty thousand eight hundred forty dollars in fiscal ~~year~~years	15934
2003, 2004, and 2005.	15935

~~The threshold catastrophic costs for fiscal year 2003~~	15936
~~represent a two and eight-tenths per cent inflationary increase~~	15937
~~over fiscal year 2002.~~	15938

(c) The district shall only report under division (C)(3)(a)	15939
of this section, and the department shall only pay for, the costs	15940
of educational expenses and the related services provided to the	15941
student in accordance with the student's individualized education	15942
program. Any legal fees, court costs, or other costs associated	15943
with any cause of action relating to the student may not be	15944
included in the amount.	15945

~~(5)~~(4)(a) As used in this division, the "personnel allowance"	15946
means thirty thousand dollars in fiscal years 2002 ~~and~~, 2003,	15947
2004, and 2005.	15948

(b) For the provision of speech services to students,	15949
including students who do not have individualized education	15950
programs prepared for them under Chapter 3323. of the Revised	15951
Code, and for no other purpose, the department of education shall	15952
pay each school district an amount calculated under the following	15953
formula:	15954

(formula ADM divided by 2000) X

15955

the personnel allowance X the state share percentage

15956

(5) In any fiscal year, a school district shall spend for	15957
purposes that the department designates as approved for special	15958
education and related services expenses at least the amount	15959
calculated as follows:	15960

(cost-of-doing-business factor X

15961

formula amount X the sum of categories

15962

one through six special education ADM) +	15963

(total special education weight X formula amount)

15964

The purposes approved by the department for special education	15965
expenses shall include, but shall not be limited to,	15966
identification of handicapped children, compliance with state	15967
rules governing the education of handicapped children and	15968
prescribing the continuum of program options for handicapped	15969
children, and the portion of the school district's overall	15970
administrative and overhead costs that are attributable to the	15971
district's special education student population.	15972

The department shall require school districts to report data	15973
annually to allow for monitoring compliance with division (C)(5)	15974
of this section. The department shall annually report to the	15975
governor and the general assembly the amount of money spent by	15976
each school district for special education and related services.	15977

(D)(1) As used in this division:

15978

(a) "Daily bus miles per student" equals the number of bus	15979
miles traveled per day, divided by transportation base.	15980

(b) "Transportation base" equals total student count as	15981
defined in section 3301.011 of the Revised Code, minus the number	15982
of students enrolled in preschool handicapped units, plus the	15983
number of nonpublic school students included in transportation	15984
ADM.	15985

(c) "Transported student percentage" equals transportation	15986
ADM divided by transportation base.	15987

(d) "Transportation cost per student" equals total operating	15988
costs for board-owned or contractor-operated school buses divided	15989
by transportation base.	15990

(2) Analysis of student transportation cost data has resulted	15991
in a finding that an average efficient transportation use cost per	15992
student can be calculated by means of a regression formula that	15993
has as its two independent variables the number of daily bus miles	15994
per student and the transported student percentage. For fiscal	15995
year 1998 transportation cost data, the average efficient	15996
transportation use cost per student is expressed as follows:	15997

51.79027 + (139.62626 X daily bus miles per student) +

15998

(116.25573 X transported student percentage)

15999

The department of education shall annually determine the	16000
average efficient transportation use cost per student in	16001
accordance with the principles stated in division (D)(2) of this	16002
section, updating the intercept and regression coefficients of the	16003
regression formula modeled in this division, based on an annual	16004
statewide analysis of each school district's daily bus miles per	16005
student, transported student percentage, and transportation cost	16006
per student data. The department shall conduct the annual update	16007
using data, including daily bus miles per student, transported	16008
student percentage, and transportation cost per student data, from	16009
the prior fiscal year. The department shall notify the office of	16010
budget and management of such update by the fifteenth day of	16011
February of each year.	16012

(3) In addition to funds paid under divisions (A), (C), and	16013
(E) of this section, each district with a transported student	16014
percentage greater than zero shall receive a payment equal to a	16015
percentage of the product of the district's transportation base	16016
from the prior fiscal year times the annually updated average	16017
efficient transportation use cost per student, times an inflation	16018
factor of two and eight tenths per cent to account for the	16019
one-year difference between the data used in updating the formula	16020
and calculating the payment and the year in which the payment is	16021
made. The percentage shall be the following percentage of that	16022
product specified for the corresponding fiscal year:	16023

FISCAL YEAR	PERCENTAGE	16024
2000	52.5%	16025
2001	55%	16026
2002	57.5%	16027
2003 and thereafter	The greater of 60% or the district's state share percentage	16028

The payments made under division (D)(3) of this section each	16029
year shall be calculated based on all of the same prior year's	16030
data used to update the formula.	16031

(4) In addition to funds paid under divisions (D)(2) and (3)	16032
of this section, a school district shall receive a rough road	16033
subsidy if both of the following apply:	16034

(a) Its county rough road percentage is higher than the	16035
statewide rough road percentage, as those terms are defined in	16036
division (D)(5) of this section;	16037

(b) Its district student density is lower than the statewide	16038
student density, as those terms are defined in that division.	16039

(5) The rough road subsidy paid to each district meeting the	16040
qualifications of division (D)(4) of this section shall be	16041
calculated in accordance with the following formula:	16042

(per rough mile subsidy X total rough road miles) X

16043

density multiplier

16044

where:

16045

(a) "Per rough mile subsidy" equals the amount calculated in	16046
accordance with the following formula:	16047

0.75 - {0.75 X [(maximum rough road percentage -

16048

county rough road percentage)/(maximum rough road percentage -

16050

statewide rough road percentage)]}

16051

(i) "Maximum rough road percentage" means the highest county	16052
rough road percentage in the state.	16053

(ii) "County rough road percentage" equals the percentage of	16054
the mileage of state, municipal, county, and township roads that	16055
is rated by the department of transportation as type A, B, C, E2,	16056
or F in the county in which the school district is located or, if	16057
the district is located in more than one county, the county to	16058
which it is assigned for purposes of determining its	16059
cost-of-doing-business factor.	16060

(iii) "Statewide rough road percentage" means the percentage	16061
of the statewide total mileage of state, municipal, county, and	16062
township roads that is rated as type A, B, C, E2, or F by the	16063
department of transportation.	16064

(b) "Total rough road miles" means a school district's total	16065
bus miles traveled in one year times its county rough road	16066
percentage.	16067

(c) "Density multiplier" means a figure calculated in	16068
accordance with the following formula:	16069

1 - [(minimum student density - district student

16070

density)/(minimum student density -

16071

statewide student density)]

16072

(i) "Minimum student density" means the lowest district	16073
student density in the state.	16074

(ii) "District student density" means a school district's	16075
transportation base divided by the number of square miles in the	16076
district.	16077

(iii) "Statewide student density" means the sum of the	16078
transportation bases for all school districts divided by the sum	16079
of the square miles in all school districts.	16080

(6) In addition to funds paid under divisions (D)(2) to (5)	16081
of this section, each district shall receive in accordance with	16082
rules adopted by the state board of education a payment for	16083
students transported by means other than board-owned or	16084
contractor-operated buses and whose transportation is not funded	16085
under division (J) of section 3317.024 of the Revised Code. The	16086
rules shall include provisions for school district reporting of	16087
such students.	16088

(E)(1) The department shall compute and distribute state	16089
vocational education additional weighted costs funds to each	16090
school district in accordance with the following formula:	16091

state share percentage X

16092

the formula amount X

16093

total vocational education weight

16094

In any fiscal year, a school district receiving funds under	16095
division (E)(1) of this section shall spend those funds only for	16096
the purposes that the department designates as approved for	16097
vocational education expenses.	16098

(2) The department shall compute for each school district	16099
state funds for vocational education associated services in	16100
accordance with the following formula:	16101

state share percentage X .05 X

16102

the formula amount X the sum of categories one and two

16103

vocational education ADM

16104

In any fiscal year, a school district receiving funds under	16105
division (E)(2) of this section, or through a transfer of funds	16106
pursuant to division (L) of section 3317.023 of the Revised Code,	16107
shall spend those funds only for the purposes that the department	16108
designates as approved for vocational education associated	16109
services expenses, which may include such purposes as	16110
apprenticeship coordinators, coordinators for other vocational	16111
education services, vocational evaluation, and other purposes	16112
designated by the department. The department may deny payment	16113
under division (E)(2) of this section to any district that the	16114
department determines is not operating those services or is using	16115
funds paid under division (E)(2) of this section, or through a	16116
transfer of funds pursuant to division (L) of section 3317.023 of	16117
the Revised Code, for other purposes.	16118

(F) Beginning in fiscal year 2003, the actual local share in	16119
any fiscal year for the combination of special education and	16120
related services additional weighted costs funding calculated	16121
under division (C)(1) of this section, transportation funding	16122
calculated under divisions (D)(2) and (3) of this section, and	16123
vocational education and associated services additional weighted	16124
costs funding calculated under divisions (E)(1) and (2) of this	16125
section shall not exceed for any school district the product of	16126
three mills times the district's recognized valuation. Beginning	16127
in fiscal year 2003, the department annually shall pay each school	16128
district as an excess cost supplement any amount by which the sum	16129
of the district's attributed local shares for that funding exceeds	16130
that product. For purposes of calculating the excess cost	16131
supplement:	16132

(1) The attributed local share for special education and	16133
related services additional weighted costs funding is the amount	16134
specified in division (C)(2) of this section.	16135

(2) The attributed local share of transportation funding	16136
equals the difference of the total amount calculated for the	16137
district using the formula developed under division (D)(2) of this	16138
section minus the actual amount paid to the district after	16139
applying the percentage specified in division (D)(3) of this	16140
section.	16141

(3) The attributed local share of vocational education and	16142
associated services additional weighted costs funding is the	16143
amount determined as follows:	16144

(1 - state share percentage) X

16145

[(total vocational education weight X the formula amount) +

16146

the payment under division (E)(2) of this section]

16147

Sec. 3317.023. (A) Notwithstanding section 3317.022 of the	16148
Revised Code, the amounts required to be paid to a district under	16149
this chapter shall be adjusted by the amount of the computations	16150
made under divisions (B) to ~~(L)~~(M) of this section.	16151

As used in this section:

16152

(1) "Classroom teacher" means a licensed employee who	16153
provides direct instruction to pupils, excluding teachers funded	16154
from money paid to the district from federal sources; educational	16155
service personnel; and vocational and special education teachers.	16156

(2) "Educational service personnel" shall not include such	16157
specialists funded from money paid to the district from federal	16158
sources or assigned full-time to vocational or special education	16159
students and classes and may only include those persons employed	16160
in the eight specialist areas in a pattern approved by the	16161
department of education under guidelines established by the state	16162
board of education.	16163

(3) "Annual salary" means the annual base salary stated in	16164
the state minimum salary schedule for the performance of the	16165
teacher's regular teaching duties that the teacher earns for	16166
services rendered for the first full week of October of the fiscal	16167
year for which the adjustment is made under division (C) of this	16168
section. It shall not include any salary payments for supplemental	16169
teachers contracts.	16170

(4) "Regular student population" means the formula ADM plus	16171
the number of students reported as enrolled in the district	16172
pursuant to division (A)(1) of section 3313.981 of the Revised	16173
Code; minus the number of students reported under division (A)(2)	16174
of section 3317.03 of the Revised Code; minus the FTE of students	16175
reported under division (B)~~(5),~~ (6), (7), (8), (9), (10), (11), or	16176
(12) of that section who are enrolled in a vocational education	16177
class or receiving special education; and minus one-fourth of the	16178
students enrolled concurrently in a joint vocational school	16179
district.	16180

(5) "State share percentage" has the same meaning as in	16181
section 3317.022 of the Revised Code.	16182

(6) "VEPD" means a school district or group of school	16183
districts designated by the department of education as being	16184
responsible for the planning for and provision of vocational	16185
education services to students within the district or group.	16186

(7) "Lead district" means a school district, including a	16187
joint vocational school district, designated by the department as	16188
a VEPD, or designated to provide primary vocational education	16189
leadership within a VEPD composed of a group of districts.	16190

(B) If the district employs less than one full-time	16191
equivalent classroom teacher for each twenty-five pupils in the	16192
regular student population in any school district, deduct the sum	16193
of the amounts obtained from the following computations:	16194

(1) Divide the number of the district's full-time equivalent	16195
classroom teachers employed by one twenty-fifth;	16196

(2) Subtract the quotient in (1) from the district's regular	16197
student population;	16198

(3) Multiply the difference in (2) by seven hundred fifty-two	16199
dollars.	16200

(C) If a positive amount, add one-half of the amount obtained	16201
by multiplying the number of full-time equivalent classroom	16202
teachers by:	16203

(1) The mean annual salary of all full-time equivalent	16204
classroom teachers employed by the district at their respective	16205
training and experience levels minus;	16206

(2) The mean annual salary of all such teachers at their	16207
respective levels in all school districts receiving payments under	16208
this section.	16209

The number of full-time equivalent classroom teachers used in	16210
this computation shall not exceed one twenty-fifth of the	16211
district's regular student population. In calculating the	16212
district's mean salary under this division, those full-time	16213
equivalent classroom teachers with the highest training level	16214
shall be counted first, those with the next highest training level	16215
second, and so on, in descending order. Within the respective	16216
training levels, teachers with the highest years of service shall	16217
be counted first, the next highest years of service second, and so	16218
on, in descending order.	16219

(D) This division does not apply to a school district that	16220
has entered into an agreement under division (A) of section	16221
3313.42 of the Revised Code. Deduct the amount obtained from the	16222
following computations if the district employs fewer than five	16223
full-time equivalent educational service personnel, including	16224
elementary school art, music, and physical education teachers,	16225
counselors, librarians, visiting teachers, school social workers,	16226
and school nurses for each one thousand pupils in the regular	16227
student population:	16228

(1) Divide the number of full-time equivalent educational	16229
service personnel employed by the district by five	16230
one-thousandths;	16231

(2) Subtract the quotient in (1) from the district's regular	16232
student population;	16233

(3) Multiply the difference in (2) by ninety-four dollars.

16234

(E) If a local school district, or a city or exempted village	16235
school district to which a governing board of an educational	16236
service center provides services pursuant to section 3313.843 of	16237
the Revised Code, deduct the amount of the payment required for	16238
the reimbursement of the governing board under section 3317.11 of	16239
the Revised Code.	16240

(F)(1) If the district is required to pay to or entitled to	16241
receive tuition from another school district under division (C)(2)	16242
or (3) of section 3313.64 or section 3313.65 of the Revised Code,	16243
or if the superintendent of public instruction is required to	16244
determine the correct amount of tuition and make a deduction or	16245
credit under section 3317.08 of the Revised Code, deduct and	16246
credit such amounts as provided in division (I) of section 3313.64	16247
or section 3317.08 of the Revised Code.	16248

(2) For each child for whom the district is responsible for	16249
tuition or payment under division (A)(1) of section 3317.082 or	16250
section 3323.091 of the Revised Code, deduct the amount of tuition	16251
or payment for which the district is responsible.	16252

(G) If the district has been certified by the superintendent	16253
of public instruction under section 3313.90 of the Revised Code as	16254
not in compliance with the requirements of that section, deduct an	16255
amount equal to ten per cent of the amount computed for the	16256
district under section 3317.022 of the Revised Code.	16257

(H) If the district has received a loan from a commercial	16258
lending institution for which payments are made by the	16259
superintendent of public instruction pursuant to division (E)(3)	16260
of section 3313.483 of the Revised Code, deduct an amount equal to	16261
such payments.	16262

(I)(1) If the district is a party to an agreement entered	16263
into under division (D), (E), or (F) of section 3311.06 or	16264
division (B) of section 3311.24 of the Revised Code and is	16265
obligated to make payments to another district under such an	16266
agreement, deduct an amount equal to such payments if the district	16267
school board notifies the department in writing that it wishes to	16268
have such payments deducted.	16269

(2) If the district is entitled to receive payments from	16270
another district that has notified the department to deduct such	16271
payments under division (I)(1) of this section, add the amount of	16272
such payments.	16273

(J) If the district is required to pay an amount of funds to	16274
a cooperative education district pursuant to a provision described	16275
by division (B)(4) of section 3311.52 or division (B)(8) of	16276
section 3311.521 of the Revised Code, deduct such amounts as	16277
provided under that provision and credit those amounts to the	16278
cooperative education district for payment to the district under	16279
division (B)(1) of section 3317.19 of the Revised Code.	16280

(K)(1) If a district is educating a student entitled to	16281
attend school in another district pursuant to a shared education	16282
contract, compact, or cooperative education agreement other than	16283
an agreement entered into pursuant to section 3313.842 of the	16284
Revised Code, credit to that educating district on an FTE basis	16285
both of the following:	16286

(a) An amount equal to the formula amount times the cost of	16287
doing business factor of the school district where the student is	16288
entitled to attend school pursuant to section 3313.64 or 3313.65	16289
of the Revised Code;	16290

(b) An amount equal to the formula amount times the state	16291
share percentage times any multiple applicable to the student	16292
pursuant to section 3317.013 or 3317.014 of the Revised Code.	16293

(2) Deduct any amount credited pursuant to division (K)(1) of	16294
this section from amounts paid to the school district in which the	16295
student is entitled to attend school pursuant to section 3313.64	16296
or 3313.65 of the Revised Code.	16297

(3) If the district is required by a shared education	16298
contract, compact, or cooperative education agreement to make	16299
payments to an educational service center, deduct the amounts from	16300
payments to the district and add them to the amounts paid to the	16301
service center pursuant to section 3317.11 of the Revised Code.	16302

(L)(1) If a district, including a joint vocational school	16303
district, is a lead district of a VEPD, credit to that district	16304
the amounts calculated for all the school districts within that	16305
VEPD pursuant to division (E)(2) of section 3317.022 of the	16306
Revised Code.	16307

(2) Deduct from each appropriate district that is not a lead	16308
district, the amount attributable to that district that is	16309
credited to a lead district under division (L)(1) of this section.	16310

(M) If the department pays a joint vocational school district	16311
under division (G)(4) of section 3317.16 of the Revised Code for	16312
excess costs of providing special education and related services	16313
to a handicapped student, as calculated under division (G)(2) of	16314
that section, the department shall deduct the amount of that	16315
payment from the city, local, or exempted village school district	16316
that is responsible as specified in that section for the excess	16317
costs.	16318

Sec. 3317.024. In addition to the moneys paid to eligible	16319
school districts pursuant to section 3317.022 of the Revised Code,	16320
moneys appropriated for the education programs in divisions (A) to	16321
(H), (J) to (L), (O), (P), and (R) of this section shall be	16322
distributed to school districts meeting the requirements of	16323
section 3317.01 of the Revised Code; in the case of divisions (J)	16324
and (P) of this section, to educational service centers as	16325
provided in section 3317.11 of the Revised Code; in the case of	16326
divisions (E), (M), and (N) of this section, to county MR/DD	16327
boards; in the case of division (R) of this section, to joint	16328
vocational school districts; in the case of division (K) of this	16329
section, to cooperative education school districts; and in the	16330
case of division (Q) of this section, to the institutions defined	16331
under section 3317.082 of the Revised Code providing elementary or	16332
secondary education programs to children other than children	16333
receiving special education under section 3323.091 of the Revised	16334
Code. The following shall be distributed monthly, quarterly, or	16335
annually as may be determined by the state board of education:	16336

(A) A per pupil amount to each school district that	16337
establishes a summer school remediation program that complies with	16338
rules of the state board of education.	16339

(B) An amount for each island school district and each joint	16340
state school district for the operation of each high school and	16341
each elementary school maintained within such district and for	16342
capital improvements for such schools. Such amounts shall be	16343
determined on the basis of standards adopted by the state board of	16344
education.	16345

(C) An amount for each school district operating classes for	16346
children of migrant workers who are unable to be in attendance in	16347
an Ohio school during the entire regular school year. The amounts	16348
shall be determined on the basis of standards adopted by the state	16349
board of education, except that payment shall be made only for	16350
subjects regularly offered by the school district providing the	16351
classes.	16352

(D) An amount for each school district with guidance,	16353
testing, and counseling programs approved by the state board of	16354
education. The amount shall be determined on the basis of	16355
standards adopted by the state board of education.	16356

(E) An amount for the emergency purchase of school buses as	16357
provided for in section 3317.07 of the Revised Code;	16358

(F) An amount for each school district required to pay	16359
tuition for a child in an institution maintained by the department	16360
of youth services pursuant to section 3317.082 of the Revised	16361
Code, provided the child was not included in the calculation of	16362
the district's average daily membership for the preceding school	16363
year.	16364

(G) In fiscal year 2000 only, an amount to each school	16365
district for supplemental salary allowances for each licensed	16366
employee except those licensees serving as superintendents,	16367
assistant superintendents, principals, or assistant principals,	16368
whose term of service in any year is extended beyond the term of	16369
service of regular classroom teachers, as described in section	16370
3301.0725 of the Revised Code;	16371

(H) An amount for adult basic literacy education for each	16372
district participating in programs approved by the state board of	16373
education. The amount shall be determined on the basis of	16374
standards adopted by the state board of education.	16375

(I) Notwithstanding section 3317.01 of the Revised Code, but	16376
only until June 30, 1999, to each city, local, and exempted	16377
village school district, an amount for conducting driver education	16378
courses at high schools for which the state board of education	16379
prescribes minimum standards and to joint vocational and	16380
cooperative education school districts and educational service	16381
centers, an amount for conducting driver education courses to	16382
pupils enrolled in a high school for which the state board	16383
prescribes minimum standards. No payments shall be made under this	16384
division after June 30, 1999.	16385

(J) An amount for the approved cost of transporting	16386
developmentally handicapped pupils whom it is impossible or	16387
impractical to transport by regular school bus in the course of	16388
regular route transportation provided by the district or service	16389
center. No district or service center is eligible to receive a	16390
payment under this division for the cost of transporting any pupil	16391
whom it transports by regular school bus and who is included in	16392
the district's transportation ADM. The state board of education	16393
shall establish standards and guidelines for use by the department	16394
of education in determining the approved cost of such	16395
transportation for each district or service center.	16396

(K) An amount to each school district, including each	16397
cooperative education school district, pursuant to section 3313.81	16398
of the Revised Code to assist in providing free lunches to needy	16399
children and an amount to assist needy school districts in	16400
purchasing necessary equipment for food preparation. The amounts	16401
shall be determined on the basis of rules adopted by the state	16402
board of education.	16403

(L) An amount to each school district, for each pupil	16404
attending a chartered nonpublic elementary or high school within	16405
the district. The amount shall equal the amount appropriated for	16406
the implementation of section 3317.06 of the Revised Code divided	16407
by the average daily membership in grades kindergarten through	16408
twelve in nonpublic elementary and high schools within the state	16409
as determined during the first full week in October of each school	16410
year.	16411

(M) An amount for each county MR/DD board, distributed on the	16412
basis of standards adopted by the state board of education, for	16413
the approved cost of transportation required for children	16414
attending special education programs operated by the county MR/DD	16415
board under section 3323.09 of the Revised Code;	16416

(N) An amount for each county MR/DD board, distributed on the	16417
basis of standards adopted by the state board of education, for	16418
supportive home services for preschool children;	16419

(O) An amount for each school district that establishes a	16420
mentor teacher program that complies with rules of the state board	16421
of education. No school district shall be required to establish or	16422
maintain such a program in any year unless sufficient funds are	16423
appropriated to cover the district's total costs for the program.	16424

(P) An amount to each school district or educational service	16425
center for the total number of gifted units approved pursuant to	16426
section 3317.05 of the Revised Code. The amount for each such unit	16427
shall be the sum of the minimum salary for the teacher of the	16428
unit, calculated on the basis of the teacher's training level and	16429
years of experience pursuant to the salary schedule prescribed in	16430
the version of section 3317.13 of the Revised Code in effect prior	16431
to ~~the effective date of this amendment~~July 1, 2001, plus fifteen	16432
per cent of that minimum salary amount, plus two thousand six	16433
hundred seventy-eight dollars.	16434

(Q) An amount to each institution defined under section	16435
3317.082 of the Revised Code providing elementary or secondary	16436
education to children other than children receiving special	16437
education under section 3323.091 of the Revised Code. This amount	16438
for any institution in any fiscal year shall equal the total of	16439
all tuition amounts required to be paid to the institution under	16440
division (A)(1) of section 3317.082 of the Revised Code.	16441

(R) A grant to each school district and joint vocational	16442
school district that operates a "graduation, reality, and	16443
dual-role skills" (GRADS) program for pregnant and parenting	16444
students that is approved by the department. The amount of the	16445
payment shall be the district's state share percentage, as defined	16446
in section 3317.022 or 3317.16 of the Revised Code, times the	16447
GRADS personnel allowance times the full-time-equivalent number of	16448
GRADS teachers approved by the department. The GRADS personnel	16449
allowance is ~~$46,260~~$47,555 in fiscal years ~~2002~~2004 and ~~2003~~	16450
2005.	16451

The state board of education or any other board of education	16452
or governing board may provide for any resident of a district or	16453
educational service center territory any educational service for	16454
which funds are made available to the board by the United States	16455
under the authority of public law, whether such funds come	16456
directly or indirectly from the United States or any agency or	16457
department thereof or through the state or any agency, department,	16458
or political subdivision thereof.	16459

Sec. 3317.029. (A) As used in this section:

16460

(1) "DPIA percentage" means:

16461

(a) In fiscal years prior to fiscal year 2004, the quotient	16462
obtained by dividing the five-year average number of children ages	16463
five to seventeen residing in the school district and living in a	16464
family receiving assistance under the Ohio works first program or	16465
an antecedent program known as TANF or ADC, as certified or	16466
adjusted under section 3317.10 of the Revised Code, by the	16467
district's three-year average formula ADM.	16468

(b) Beginning in fiscal year 2004, the unduplicated number of	16469
children ages five to seventeen residing in the school district	16470
and living in a family that has family income not exceeding the	16471
federal poverty guidelines and that receives family assistance, as	16472
certified or adjusted under section 3317.10 of the Revised Code,	16473
divided by the district's three-year average formula ADM.	16474

(2) "Family assistance" means assistance received under one	16475
of the following:	16476

(a) The Ohio works first program;

16477

(b) The food stamp program;

16478

(c) The medical assistance program, including the healthy	16479
start program, established under Chapter 5111. of the Revised	16480
Code;	16481

(d) The children's health insurance program part I	16482
established under section 5101.50 of the Revised Code or, prior to	16483
fiscal year 2000, an executive order issued under section 107.17	16484
of the Revised Code;	16485

(e) The disability financial assistance program established	16486
under Chapter 5115. of the Revised Code;	16487

(f) The disability medical assistance program established	16488
under Chapter 5115. of the Revised Code.	16489

(3) "Statewide DPIA percentage" means:

16490

(a) In fiscal years prior to fiscal year 2004, the five-year	16491
average of the total number of children ages five to seventeen	16492
years residing in the state and receiving assistance under the	16493
Ohio works first program or an antecedent program known as TANF or	16494
ADC, divided by the sum of the three-year average formula ADMs for	16495
all school districts in the state.	16496

(b) Beginning in fiscal year 2004, the total unduplicated	16497
number of children ages five to seventeen residing in the state	16498
and living in a family that has family income not exceeding the	16499
federal poverty guidelines and that receives family assistance,	16500
divided by the sum of the three-year average formula ADMs for all	16501
school districts in the state.	16502

(4) "DPIA index" means the quotient obtained by dividing the	16503
school district's DPIA percentage by the statewide DPIA	16504
percentage.	16505

(5) "Federal poverty guidelines" has the same meaning as in	16506
section 5101.46 of the Revised Code.	16507

(6) "DPIA student count" means:

16508

(a) In fiscal years prior to fiscal year 2004, the five-year	16509
average number of children ages five to seventeen residing in the	16510
school district and living in a family receiving assistance under	16511
the Ohio works first program or an antecedent program known as	16512
TANF or ADC, as certified under section 3317.10 of the Revised	16513
Code;	16514

(b) Beginning in fiscal year 2004, the unduplicated number of	16515
children ages five to seventeen residing in the school district	16516
and living in a family that has family income not exceeding the	16517
federal poverty guidelines and that receives family assistance, as	16518
certified or adjusted under section 3317.10 of the Revised Code.	16519

(7) "Kindergarten ADM" means the number of students reported	16520
under section 3317.03 of the Revised Code as enrolled in	16521
kindergarten.	16522

(8) "Kindergarten through third grade ADM" means the amount	16523
calculated as follows:	16524

(a) Multiply the kindergarten ADM by the sum of one plus the	16525
all-day kindergarten percentage;	16526

(b) Add the number of students in grades one through three;

16527

(c) Subtract from the sum calculated under division (A)(6)(b)	16528
of this section the number of special education students in grades	16529
kindergarten through three.	16530

(9) "Statewide average teacher salary" means forty-two	16531
thousand four hundred sixty-nine dollars in fiscal year 2002, and	16532
forty-three thousand six hundred fifty-eight dollars in fiscal	16533
year 2003, which includes an amount for the value of fringe	16534
benefits.	16535

(10) "All-day kindergarten" means a kindergarten class that	16536
is in session five days per week for not less than the same number	16537
of clock hours each day as for pupils in grades one through six.	16538

(11) "All-day kindergarten percentage" means the percentage	16539
of a district's actual total number of students enrolled in	16540
kindergarten who are enrolled in all-day kindergarten.	16541

(12) "Buildings with the highest concentration of need"	16542
means:	16543

(a) In fiscal years prior to fiscal year 2004, the school	16544
buildings in a district with percentages of students in grades	16545
kindergarten through three receiving assistance under Ohio works	16546
first at least as high as the district-wide percentage of students	16547
receiving such assistance.	16548

(b) Beginning in fiscal year 2004, the school buildings in a	16549
district with percentages of students in grades kindergarten	16550
through three receiving family assistance at least as high as the	16551
district-wide percentage of students receiving family assistance.	16552

(c) If, in any fiscal year, the information provided by the	16553
department of job and family services under section 3317.10 of the	16554
Revised Code is insufficient to determine the Ohio works first or	16555
family assistance percentage in each building, "buildings with the	16556
highest concentration of need" has the meaning given in rules that	16557
the department of education shall adopt. The rules shall base the	16558
definition of "buildings with the highest concentration of need"	16559
on family income of students in grades kindergarten through three	16560
in a manner that, to the extent possible with available data,	16561
approximates the intent of this division and division (G) of this	16562
section to designate buildings where the Ohio works first or	16563
family assistance percentage in those grades equals or exceeds the	16564
district-wide Ohio works first or family assistance percentage.	16565

(B) In addition to the amounts required to be paid to a	16566
school district under section 3317.022 of the Revised Code, a	16567
school district shall receive the greater of the amount the	16568
district received in fiscal year 1998 pursuant to division (B) of	16569
section 3317.023 of the Revised Code as it existed at that time or	16570
the sum of the computations made under divisions (C) to (E) of	16571
this section.	16572

(C) A supplemental payment that may be utilized for measures	16573
related to safety and security and for remediation or similar	16574
programs, calculated as follows:	16575

(1) If the DPIA index of the school district is greater than	16576
or equal to thirty-five-hundredths, but less than one, an amount	16577
obtained by multiplying the district's DPIA student count by two	16578
hundred thirty dollars;	16579

(2) If the DPIA index of the school district is greater than	16580
or equal to one, an amount obtained by multiplying the DPIA index	16581
by two hundred thirty dollars and multiplying that product by the	16582
district's DPIA student count.	16583

Except as otherwise provided in division (F) of this section,	16584
beginning with the school year that starts July 1, 2002, each	16585
school district annually shall use at least twenty per cent of the	16586
funds calculated for the district under this division for	16587
intervention services required by section 3313.608 of the Revised	16588
Code.	16589

(D) A payment for all-day kindergarten if the DPIA index of	16590
the school district is greater than or equal to one or if the	16591
district's three-year average formula ADM exceeded seventeen	16592
thousand five hundred, calculated by multiplying the all-day	16593
kindergarten percentage by the kindergarten ADM and multiplying	16594
that product by the formula amount.	16595

(E) A class-size reduction payment based on calculating the	16596
number of new teachers necessary to achieve a lower	16597
student-teacher ratio, as follows:	16598

(1) Determine or calculate a formula number of teachers per	16599
one thousand students based on the DPIA index of the school	16600
district as follows:	16601

(a) If the DPIA index of the school district is less than	16602
six-tenths, the formula number of teachers is 43.478, which is the	16603
number of teachers per one thousand students at a student-teacher	16604
ratio of twenty-three to one;	16605

(b) If the DPIA index of the school district is greater than	16606
or equal to six-tenths, but less than two and one-half, the	16607
formula number of teachers is calculated as follows:	16608

43.478 + {[(DPIA index-0.6)/ 1.9] X 23.188}

16609

Where 43.478 is the number of teachers per one thousand	16610
students at a student-teacher ratio of twenty-three to one; 1.9 is	16611
the interval from a DPIA index of six-tenths to a DPIA index of	16612
two and one-half; and 23.188 is the difference in the number of	16613
teachers per one thousand students at a student-teacher ratio of	16614
fifteen to one and the number of teachers per one thousand	16615
students at a student-teacher ratio of twenty-three to one.	16616

(c) If the DPIA index of the school district is greater than	16617
or equal to two and one-half, the formula number of teachers is	16618
66.667, which is the number of teachers per one thousand students	16619
at a student-teacher ratio of fifteen to one.	16620

(2) Multiply the formula number of teachers determined or	16621
calculated in division (E)(1) of this section by the kindergarten	16622
through third grade ADM for the district and divide that product	16623
by one thousand;	16624

(3) Calculate the number of new teachers as follows:

16625

(a) Multiply the kindergarten through third grade ADM by	16626
43.478, which is the number of teachers per one thousand students	16627
at a student-teacher ratio of twenty-three to one, and divide that	16628
product by one thousand;	16629

(b) Subtract the quotient obtained in division (E)(3)(a) of	16630
this section from the product in division (E)(2) of this section.	16631

(4) Multiply the greater of the difference obtained under	16632
division (E)(3) of this section or zero by the statewide average	16633
teachers salary.	16634

(F) This division applies only to school districts whose DPIA	16635
index is one or greater.	16636

(1) Each school district subject to this division shall first	16637
utilize funds received under this section so that, when combined	16638
with other funds of the district, sufficient funds exist to	16639
provide all-day kindergarten to at least the number of children in	16640
the district's all-day kindergarten percentage.	16641

(2) Up to an amount equal to the district's DPIA index	16642
multiplied by its DPIA student count multiplied by two hundred	16643
thirty dollars of the money distributed under this section may be	16644
utilized for one or both of the following:	16645

(a) Programs designed to ensure that schools are free of	16646
drugs and violence and have a disciplined environment conducive to	16647
learning;	16648

(b) Remediation for students who have failed or are in danger	16649
of failing any of the tests administered pursuant to section	16650
3301.0710 of the Revised Code.	16651

Beginning with the school year that starts on July 1, 2002,	16652
each school district shall use at least twenty per cent of the	16653
funds set aside for the purposes of divisions (F)(2)(a) and (b) of	16654
this section to provide intervention services required by section	16655
3313.608 of the Revised Code.	16656

(3) Except as otherwise required by division (G) or permitted	16657
under division (K) of this section, all other funds distributed	16658
under this section to districts subject to this division shall be	16659
utilized for the purpose of the third grade guarantee. The third	16660
grade guarantee consists of increasing the amount of instructional	16661
attention received per pupil in kindergarten through third grade,	16662
either by reducing the ratio of students to instructional	16663
personnel or by increasing the amount of instruction and	16664
curriculum-related activities by extending the length of the	16665
school day or the school year.	16666

School districts may implement a reduction of the ratio of	16667
students to instructional personnel through any or all of the	16668
following methods:	16669

(a) Reducing the number of students in a classroom taught by	16670
a single teacher;	16671

(b) Employing full-time educational aides or educational	16672
paraprofessionals issued a permit or license under section	16673
3319.088 of the Revised Code;	16674

(c) Instituting a team-teaching method that will result in a	16675
lower student-teacher ratio in a classroom.	16676

Districts may extend the school day either by increasing the	16677
amount of time allocated for each class, increasing the number of	16678
classes provided per day, offering optional academic-related	16679
after-school programs, providing curriculum-related extra	16680
curricular activities, or establishing tutoring or remedial	16681
services for students who have demonstrated an educational need.	16682
In accordance with section 3319.089 of the Revised Code, a	16683
district extending the school day pursuant to this division may	16684
utilize a participant of the work experience program who has a	16685
child enrolled in a public school in that district and who is	16686
fulfilling the work requirements of that program by volunteering	16687
or working in that public school. If the work experience program	16688
participant is compensated, the school district may use the funds	16689
distributed under this section for all or part of the	16690
compensation.	16691

Districts may extend the school year either through adding	16692
regular days of instruction to the school calendar or by providing	16693
summer programs.	16694

(G) Each district subject to division (F) of this section	16695
shall not expend any funds received under division (E) of this	16696
section in any school buildings that are not buildings with the	16697
highest concentration of need, unless there is a ratio of	16698
instructional personnel to students of no more than fifteen to one	16699
in each kindergarten and first grade class in all buildings with	16700
the highest concentration of need. This division does not require	16701
that the funds used in buildings with the highest concentration of	16702
need be spent solely to reduce the ratio of instructional	16703
personnel to students in kindergarten and first grade. A school	16704
district may spend the funds in those buildings in any manner	16705
permitted by division (F)(3) of this section, but may not spend	16706
the money in other buildings unless the fifteen-to-one ratio	16707
required by this division is attained.	16708

(H)(1) By the first day of August of each fiscal year, each	16709
school district wishing to receive any funds under division (D) of	16710
this section shall submit to the department of education an	16711
estimate of its all-day kindergarten percentage. Each district	16712
shall update its estimate throughout the fiscal year in the form	16713
and manner required by the department, and the department shall	16714
adjust payments under this section to reflect the updates.	16715

(2) Annually by the end of December, the department of	16716
education, utilizing data from the information system established	16717
under section 3301.0714 of the Revised Code and after consultation	16718
with the legislative office of education oversight, shall	16719
determine for each school district subject to division (F) of this	16720
section whether in the preceding fiscal year the district's ratio	16721
of instructional personnel to students and its number of	16722
kindergarten students receiving all-day kindergarten appear	16723
reasonable, given the amounts of money the district received for	16724
that fiscal year pursuant to divisions (D) and (E) of this	16725
section. If the department is unable to verify from the data	16726
available that students are receiving reasonable amounts of	16727
instructional attention and all-day kindergarten, given the funds	16728
the district has received under this section and that class-size	16729
reduction funds are being used in school buildings with the	16730
highest concentration of need as required by division (G) of this	16731
section, the department shall conduct a more intensive	16732
investigation to ensure that funds have been expended as required	16733
by this section. The department shall file an annual report of its	16734
findings under this division with the chairpersons of the	16735
committees in each house of the general assembly dealing with	16736
finance and education.	16737

(I) Any school district with a DPIA index less than one and a	16738
three-year average formula ADM exceeding seventeen thousand five	16739
hundred shall first utilize funds received under this section so	16740
that, when combined with other funds of the district, sufficient	16741
funds exist to provide all-day kindergarten to at least the number	16742
of children in the district's all-day kindergarten percentage.	16743
Such a district shall expend at least seventy per cent of the	16744
remaining funds received under this section, and any other	16745
district with a DPIA index less than one shall expend at least	16746
seventy per cent of all funds received under this section, for any	16747
of the following purposes:	16748

(1) The purchase of technology for instructional purposes;

16749

(2) All-day kindergarten;

16750

(3) Reduction of class sizes;

16751

(4) Summer school remediation;

16752

(5) Dropout prevention programs;

16753

(6) Guaranteeing that all third graders are ready to progress	16754
to more advanced work;	16755

(7) Summer education and work programs;

16756

(8) Adolescent pregnancy programs;

16757

(9) Head start or preschool programs;

16758

(10) Reading improvement programs described by the department	16759
of education;	16760

(11) Programs designed to ensure that schools are free of	16761
drugs and violence and have a disciplined environment conducive to	16762
learning;	16763

(12) Furnishing, free of charge, materials used in courses of	16764
instruction, except for the necessary textbooks or electronic	16765
textbooks required to be furnished without charge pursuant to	16766
section 3329.06 of the Revised Code, to pupils living in families	16767
participating in Ohio works first in accordance with section	16768
3313.642 of the Revised Code;	16769

(13) School breakfasts provided pursuant to section 3313.813	16770
of the Revised Code.	16771

Each district shall submit to the department, in such format	16772
and at such time as the department shall specify, a report on the	16773
programs for which it expended funds under this division.	16774

(J) If at any time the superintendent of public instruction	16775
determines that a school district receiving funds under division	16776
(D) of this section has enrolled less than the all-day	16777
kindergarten percentage reported for that fiscal year, the	16778
superintendent shall withhold from the funds otherwise due the	16779
district under this section a proportional amount as determined by	16780
the difference in the certified all-day kindergarten percentage	16781
and the percentage actually enrolled in all-day kindergarten.	16782

The superintendent shall also withhold an appropriate amount	16783
of funds otherwise due a district for any other misuse of funds	16784
not in accordance with this section.	16785

(K)(1) A district may use a portion of the funds calculated	16786
for it under division (D) of this section to modify or purchase	16787
classroom space to provide all-day kindergarten, if both of the	16788
following conditions are met:	16789

(a) The district certifies to the department, in a manner	16790
acceptable to the department, that it has a shortage of space for	16791
providing all-day kindergarten.	16792

(b) The district provides all-day kindergarten to the number	16793
of children in the all-day kindergarten percentage it certified	16794
under this section.	16795

(2) A district may use a portion of the funds described in	16796
division (F)(3) of this section to modify or purchase classroom	16797
space to enable it to further reduce class size in grades	16798
kindergarten through two with a goal of attaining class sizes of	16799
fifteen students per licensed teacher. To do so, the district must	16800
certify its need for additional space to the department, in a	16801
manner satisfactory to the department.	16802

Sec. 3317.0213. No money shall be distributed under this	16803
section after fiscal year ~~2005~~2004.	16804

(A) As used in this section:

16805

(1) "ADM" for any school district means:

16806

(a) In fiscal year 1999, the FY 1998 ADM;

16807

(b) In fiscal years 2000 through ~~2005~~2004, the formula ADM	16808
reported for the previous fiscal year.	16809

(2) "Average taxable value" means the average of the amounts	16810
certified for a district in the second, third, and fourth	16811
preceding fiscal years under divisions (A)(1) and (2) of section	16812
3317.021 of the Revised Code.	16813

(3) "Valuation per pupil" for a district means:

16814

(a) In fiscal year 1999, the district's average taxable	16815
value, divided by the district's FY 1998 ADM;	16816

(b) In a fiscal year that occurs after fiscal year 1999, the	16817
district's average taxable value, divided by the district's	16818
formula ADM for the preceding fiscal year.	16819

(4) "Threshold valuation" means:

16820

(a) In fiscal year 1999, the adjusted valuation per pupil of	16821
the school district with the two hundred twenty-ninth lowest	16822
adjusted valuation per pupil in the state, according to data	16823
available at the time of the computation under division (B) of	16824
this section;	16825

(b) In fiscal year 2000, the adjusted valuation per pupil of	16826
the district with the one hundred ninety-sixth lowest such	16827
valuation in the state;	16828

(c) In fiscal year 2001, the adjusted valuation per pupil of	16829
the district with the one hundred sixty-third lowest such	16830
valuation in the state;	16831

(d) In fiscal years 2002 through ~~2005~~2004, the adjusted	16832
valuation per pupil of the district with the	16833
one-hundred-eighteenth lowest such valuation in the state.	16834

(5) "Adjusted valuation per pupil" for a district means an	16835
amount calculated in accordance with the following formula:	16836

The district's valuation per pupil -	16837

($30,000 X (one minus the

16838

district's income factor))

16839

(6) "Millage rate" means .012 in fiscal year 1999, .011 in	16840
fiscal year 2000, .010 in fiscal year 2001, and .009 in fiscal	16841
years 2002 through ~~2005~~2004.	16842

(7) "Payment percentage" equals 100% prior to fiscal year	16843
2003, 75% in fiscal year 2003, and 50% in fiscal year 2004~~, 25% in~~	16844
~~fiscal year 2005, and zero after fiscal year 2005~~.	16845

(B) Beginning in fiscal year 1993, during August of each	16846
fiscal year, the department of education shall distribute to each	16847
school district meeting the requirements of section 3317.01 of the	16848
Revised Code whose adjusted valuation per pupil is less than the	16849
threshold valuation, an amount calculated in accordance with the	16850
following formula:	16851

(The threshold valuation -	16852

the district's adjusted valuation per pupil) X

16853

millage rate X ADM X the payment percentage

16854

Sec. 3317.0217. The department of education shall ~~annually~~	16855
monthly compute and pay state parity aid to school districts, as	16856
follows:	16857

(A) Calculate the local wealth per pupil of each school	16858
district, which equals the following sum:	16859

(1) Two-thirds times the quotient of (a) the district's	16860
recognized valuation divided by (b) its ~~formula ADM~~average daily	16861
attendance; plus	16862

(2) One-third times the quotient of (a) the average of the	16863
total federal adjusted gross income of the school district's	16864
residents for the three years most recently reported under section	16865
3317.021 of the Revised Code divided by (b) its ~~formula ADM~~	16866
average daily attendance.	16867

(B) Rank all school districts in order of local wealth per	16868
pupil, from the district with the lowest local wealth per pupil to	16869
the district with the highest local wealth per pupil.	16870

(C) Compute the per pupil state parity aid funding for each	16871
school district in accordance with the following formula:	16872

Payment percentage X (threshold local wealth

16873

per pupil - the district's local

16874

wealth per pupil) X 0.0095

16875

Where:

16876

(1) "Payment percentage," for purposes of division (C) of	16877
this section, equals 20% in fiscal year 2002, 40% in fiscal year	16878
2003, 60% in fiscal year 2004, 80% in fiscal year 2005, and 100%	16879
after fiscal year 2005.	16880

(2) Nine and one-half mills (0.0095) is the general	16881
assembly's determination of the average number of effective	16882
operating mills that districts in the seventieth to ninetieth	16883
percentiles of valuations per pupil collected in fiscal year 2001	16884
above the revenues required to finance their attributed local	16885
shares of the calculated cost of an adequate education. This was	16886
determined by (a) adding the district revenues from operating	16887
property tax levies and income tax levies, (b) subtracting from	16888
that total the sum of (i) twenty-three mills times adjusted	16889
recognized valuation plus (ii) the attributed local shares of	16890
special education, transportation, and vocational education	16891
funding as described in divisions (F)(1) to (3) of section	16892
3317.022 of the Revised Code, and (c) converting the result to an	16893
effective operating property tax rate.	16894

(3) The "threshold local wealth per pupil" is the local	16895
wealth per pupil of the school district with the	16896
four-hundred-ninetieth lowest local wealth per pupil.	16897

If the result of the calculation for a school district under	16898
division (C) of this section is less than zero, the district's per	16899
pupil parity aid shall be zero.	16900

(D) Compute the per pupil alternative parity aid for each	16901
school district that has a combination of an income factor of 1.0	16902
or less, a DPIA index of 1.0 or greater, and a	16903
cost-of-doing-business factor of 1.0375 or greater, in accordance	16904
with the following formula:	16905

Payment percentage X $60,000 X	16906

(1 - income factor) X 4/15 X 0.023

16907

Where:

16908

(1) "DPIA index" has the same meaning as in section 3317.029	16909
of the Revised Code.	16910

(2) "Payment percentage," for purposes of division (D) of	16911
this section, equals 50% in fiscal year 2002 and 100% after fiscal	16912
year 2002.	16913

(E) Pay each district that has a combination of an income	16914
factor 1.0 or less, a DPIA index of 1.0 or greater, and a	16915
cost-of-doing-business factor of 1.0375 or greater, the greater of	16916
the following:	16917

(1) The product of the district's per pupil parity aid	16918
calculated under division (C) of this section times its ~~formula~~	16919
~~ADM~~average daily attendance;	16920

(2) The product of its per pupil alternative parity aid	16921
calculated under division (D) of this section times its ~~formula~~	16922
~~ADM~~average daily attendance.	16923

(F) Pay every other district the product of its per pupil	16924
parity aid calculated under division (C) of this section times its	16925
~~formula ADM~~average daily attendance.	16926

~~Every six years, the general assembly shall redetermine,~~	16927
~~after considering the report of the committee appointed under~~	16928
~~section 3317.012 of the Revised Code, the average number of~~	16929
~~effective operating mills that districts in the seventieth to~~	16930
~~ninetieth percentiles of valuations per pupil collect above the~~	16931
~~revenues required to finance their attributed local shares of the~~	16932
~~cost of an adequate education.~~	16933

Sec. 3317.03. Notwithstanding divisions (A)(1), (B)(1), and	16934
(C) of this section, any student enrolled in kindergarten more	16935
than half time shall be reported as one-half student under this	16936
section.	16937

(A) The superintendent of each city and exempted village	16938
school district and of each educational service center shall, for	16939
the schools under the superintendent's supervision, certify to the	16940
state board of education on or before the fifteenth day of October	16941
in each year for the first full school week in October the formula	16942
ADM, which shall consist of the average daily membership during	16943
such week of the sum of the following:	16944

(1) On an FTE basis, the number of students in grades	16945
kindergarten through twelve receiving any educational services	16946
from the district, except that the following categories of	16947
students shall not be included in the determination:	16948

(a) Students enrolled in adult education classes;

16949

(b) Adjacent or other district students enrolled in the	16950
district under an open enrollment policy pursuant to section	16951
3313.98 of the Revised Code;	16952

(c) ~~Students receiving services in the district pursuant to a~~	16953
~~compact, cooperative education agreement, or a contract, but who~~	16954
~~are entitled to attend school in another district pursuant to~~	16955
~~section 3313.64 or 3313.65 of the Revised Code;~~	16956

~~(d)~~ Students for whom tuition is payable pursuant to sections	16957
3317.081 and 3323.141 of the Revised Code.	16958

(2) On an FTE basis, the number of students entitled to	16959
attend school in the district pursuant to section 3313.64 or	16960
3313.65 of the Revised Code, but receiving educational services in	16961
grades kindergarten through twelve from one or more of the	16962
following entities:	16963

(a) A community school pursuant to Chapter 3314. of the	16964
Revised Code, including any participation in a college pursuant to	16965
Chapter 3365. of the Revised Code while enrolled in such community	16966
school;	16967

(b) An alternative school pursuant to sections 3313.974 to	16968
3313.979 of the Revised Code as described in division (I)(2)(a) or	16969
(b) of this section;	16970

(c) A college pursuant to Chapter 3365. of the Revised Code,	16971
except when the student is enrolled in the college while also	16972
enrolled in a community school pursuant to Chapter 3314. of the	16973
Revised Code;	16974

(d) An adjacent or other school district under an open	16975
enrollment policy adopted pursuant to section 3313.98 of the	16976
Revised Code;	16977

(e) An educational service center or cooperative education	16978
district;	16979

~~(f) Another school district under a cooperative education~~	16980
~~agreement, compact, or contract~~.	16981

(3) One-fourth of the number of students enrolled in a joint	16982
vocational school district or under a vocational education	16983
compact, excluding any students entitled to attend school in the	16984
district under section 3313.64 or 3313.65 of the Revised Code who	16985
are enrolled in another school district through an open enrollment	16986
policy as reported under division (A)(2)(d) of this section and	16987
then enroll in a joint vocational school district or under a	16988
vocational education compact;	16989

(4) The number of handicapped children, other than	16990
handicapped preschool children, entitled to attend school in the	16991
district pursuant to section 3313.64 or 3313.65 of the Revised	16992
Code who are placed with a county MR/DD board, minus the number of	16993
such children placed with a county MR/DD board in fiscal year	16994
1998. If this calculation produces a negative number, the number	16995
reported under division (A)(4) of this section shall be zero.	16996

(B) To enable the department of education to obtain the data	16997
needed to complete the calculation of payments pursuant to this	16998
chapter, in addition to the formula ADM, each superintendent shall	16999
report separately the following student counts:	17000

(1) The total average daily membership in regular day classes	17001
included in the report under division (A)(1) or (2) of this	17002
section for kindergarten, and each of grades one through twelve in	17003
schools under the superintendent's supervision;	17004

(2) The number of all handicapped preschool children enrolled	17005
as of the first day of December in classes in the district that	17006
are eligible for approval ~~by the state board of education~~ under	17007
division (B) of section 3317.05 of the Revised Code and the number	17008
of those classes, which shall be reported not later than the	17009
fifteenth day of December, in accordance with rules adopted under	17010
that section;	17011

(3) The number of children entitled to attend school in the	17012
district pursuant to section 3313.64 or 3313.65 of the Revised	17013
Code who are participating in a pilot project scholarship program	17014
established under sections 3313.974 to 3313.979 of the Revised	17015
Code as described in division (I)(2)(a) or (b) of this section,	17016
are enrolled in a college under Chapter 3365. of the Revised Code,	17017
except when the student is enrolled in the college while also	17018
enrolled in a community school pursuant to Chapter 3314. of the	17019
Revised Code, are enrolled in an adjacent or other school district	17020
under section 3313.98 of the Revised Code, are enrolled in a	17021
community school established under Chapter 3314. of the Revised	17022
Code, including any participation in a college pursuant to Chapter	17023
3365. of the Revised Code while enrolled in such community school,	17024
or are participating in a program operated by a county MR/DD board	17025
or a state institution;	17026

(4) The number of pupils enrolled in joint vocational	17027
schools;	17028

(5) The average daily membership of handicapped children	17029
reported under division (A)(1) or (2) of this section receiving	17030
special education services for the category one handicap described	17031
in division (A) of section 3317.013 of the Revised Code;	17032

(6) The average daily membership of handicapped children	17033
reported under division (A)(1) or (2) of this section receiving	17034
special education services for category two handicaps described in	17035
division (B) of section 3317.013 of the Revised Code;	17036

(7) The average daily membership of handicapped children	17037
reported under division (A)(1) or (2) of this section receiving	17038
special education services for category three handicaps described	17039
in division (C) of section 3317.013 of the Revised Code;	17040

(8) The average daily membership of handicapped children	17041
reported under division (A)(1) or (2) of this section receiving	17042
special education services for category four handicaps described	17043
in division (D) of section 3317.013 of the Revised Code;	17044

(9) The average daily membership of handicapped children	17045
reported under division (A)(1) or (2) of this section receiving	17046
special education services for the category five handicap	17047
described in division (E) of section 3317.013 of the Revised Code;	17048

(10) The average daily membership of handicapped children	17049
reported under division (A)(1) or (2) of this section receiving	17050
special education services for category six handicaps described in	17051
division (F) of section 3317.013 of the Revised Code;	17052

(11) The average daily membership of pupils reported under	17053
division (A)(1) or (2) of this section enrolled in category one	17054
vocational education programs or classes, described in division	17055
(A) of section 3317.014 of the Revised Code, operated by the	17056
school district or by another district, other than a joint	17057
vocational school district, or by an educational service center;	17058

(12) The average daily membership of pupils reported under	17059
division (A)(1) or (2) of this section enrolled in category two	17060
vocational education programs or services, described in division	17061
(B) of section 3317.014 of the Revised Code, operated by the	17062
school district or another school district, other than a joint	17063
vocational school district, or by an educational service center;	17064

(13) The average number of children transported by the school	17065
district on board-owned or contractor-owned and -operated buses,	17066
reported in accordance with rules adopted by the department of	17067
education;	17068

(14)(a) The number of children, other than handicapped	17069
preschool children, the district placed with a county MR/DD board	17070
in fiscal year 1998;	17071

(b) The number of handicapped children, other than	17072
handicapped preschool children, placed with a county MR/DD board	17073
in the current fiscal year to receive special education services	17074
for the category one handicap described in division (A) of section	17075
3317.013 of the Revised Code;	17076

(c) The number of handicapped children, other than	17077
handicapped preschool children, placed with a county MR/DD board	17078
in the current fiscal year to receive special education services	17079
for category two handicaps described in division (B) of section	17080
3317.013 of the Revised Code;	17081

(d) The number of handicapped children, other than	17082
handicapped preschool children, placed with a county MR/DD board	17083
in the current fiscal year to receive special education services	17084
for category three handicaps described in division (C) of section	17085
3317.013 of the Revised Code;	17086

(e) The number of handicapped children, other than	17087
handicapped preschool children, placed with a county MR/DD board	17088
in the current fiscal year to receive special education services	17089
for category four handicaps described in division (D) of section	17090
3317.013 of the Revised Code;	17091

(f) The number of handicapped children, other than	17092
handicapped preschool children, placed with a county MR/DD board	17093
in the current fiscal year to receive special education services	17094
for the category five handicap described in division (E) of	17095
section 3317.013 of the Revised Code;	17096

(g) The number of handicapped children, other than	17097
handicapped preschool children, placed with a county MR/DD board	17098
in the current fiscal year to receive special education services	17099
for category six handicaps described in division (F) of section	17100
3317.013 of the Revised Code.	17101

(C)(1) Except as otherwise provided in this section for	17102
kindergarten students, the average daily membership in divisions	17103
(B)(1) to (12) of this section shall be based upon the number of	17104
full-time equivalent students. The state board of education shall	17105
adopt rules defining full-time equivalent students and for	17106
determining the average daily membership therefrom for the	17107
purposes of divisions (A), (B), and (D) of this section.	17108

(2) A student enrolled in a community school established	17109
under Chapter 3314. of the Revised Code shall be counted in the	17110
formula ADM and, if applicable, the category one, two, three,	17111
four, five, or six special education ADM of the school district in	17112
which the student is entitled to attend school under section	17113
3313.64 or 3313.65 of the Revised Code for the same proportion of	17114
the school year that the student is counted in the enrollment of	17115
the community school for purposes of section 3314.08 of the	17116
Revised Code.	17117

(3) No child shall be counted as more than a total of one	17118
child in the sum of the average daily memberships of a school	17119
district under division (A), divisions (B)(1) to (12), or division	17120
(D) of this section, except as follows:	17121

(a) A child with a handicap described in section 3317.013 of	17122
the Revised Code may be counted both in formula ADM and in	17123
category one, two, three, four, five, or six special education ADM	17124
and, if applicable, in category one or two vocational education	17125
ADM. As provided in division (C) of section 3317.02 of the Revised	17126
Code, such a child shall be counted in category one, two, three,	17127
four, five, or six special education ADM in the same proportion	17128
that the child is counted in formula ADM.	17129

(b) A child enrolled in vocational education programs or	17130
classes described in section 3317.014 of the Revised Code may be	17131
counted both in formula ADM and category one or two vocational	17132
education ADM and, if applicable, in category one, two, three,	17133
four, five, or six special education ADM. Such a child shall be	17134
counted in category one or two vocational education ADM in the	17135
same proportion as the percentage of time that the child spends in	17136
the vocational education programs or classes.	17137

(4) Based on the information reported under this section, the	17138
department of education shall determine the total student count,	17139
as defined in section 3301.011 of the Revised Code, for each	17140
school district.	17141

(D)(1) The superintendent of each joint vocational school	17142
district shall certify to the superintendent of public instruction	17143
on or before the fifteenth day of October in each year for the	17144
first full school week in October the formula ADM, which, except	17145
as otherwise provided in this division, shall consist of the	17146
average daily membership during such week, on an FTE basis, of the	17147
number of students receiving any educational services from the	17148
district, including students enrolled in a community school	17149
established under Chapter 3314. of the Revised Code who are	17150
attending the joint vocational district under an agreement between	17151
the district board of education and the governing authority of the	17152
community school and are entitled to attend school in a city,	17153
local, or exempted village school district whose territory is part	17154
of the territory of the joint vocational district.	17155

The following categories of students shall not be included in	17156
the determination made under division (D)(1) of this section:	17157

(a) Students enrolled in adult education classes;

17158

(b) Adjacent or other district joint vocational students	17159
enrolled in the district under an open enrollment policy pursuant	17160
to section 3313.98 of the Revised Code;	17161

(c) Students receiving services in the district pursuant to a	17162
compact, cooperative education agreement, or a contract, but who	17163
are entitled to attend school in a city, local, or exempted	17164
village school district whose territory is not part of the	17165
territory of the joint vocational district;	17166

(d) Students for whom tuition is payable pursuant to sections	17167
3317.081 and 3323.141 of the Revised Code.	17168

(2) To enable the department of education to obtain the data	17169
needed to complete the calculation of payments pursuant to this	17170
chapter, in addition to the formula ADM, each superintendent shall	17171
report separately the average daily membership included in the	17172
report under division (D)(1) of this section for each of the	17173
following categories of students:	17174

(a) Students enrolled in each grade included in the joint	17175
vocational district schools;	17176

(b) Handicapped children receiving special education services	17177
for the category one handicap described in division (A) of section	17178
3317.013 of the Revised Code;	17179

(c) Handicapped children receiving special education services	17180
for the category two handicaps described in division (B) of	17181
section 3317.013 of the Revised Code;	17182

(d) Handicapped children receiving special education services	17183
for category three handicaps described in division (C) of section	17184
3317.013 of the Revised Code;	17185

(e) Handicapped children receiving special education services	17186
for category four handicaps described in division (D) of section	17187
3317.013 of the Revised Code;	17188

(f) Handicapped children receiving special education services	17189
for the category five handicap described in division (E) of	17190
section 3317.013 of the Revised Code;	17191

(g) Handicapped children receiving special education services	17192
for category six handicaps described in division (F) of section	17193
3317.013 of the Revised Code;	17194

(h) Students receiving category one vocational education	17195
services, described in division (A) of section 3317.014 of the	17196
Revised Code;	17197

(i) Students receiving category two vocational education	17198
services, described in division (B) of section 3317.014 of the	17199
Revised Code.	17200

The superintendent of each joint vocational school district	17201
shall also indicate the city, local, or exempted village school	17202
district in which each joint vocational district pupil is entitled	17203
to attend school pursuant to section 3313.64 or 3313.65 of the	17204
Revised Code.	17205

(E) In each school of each city, local, exempted village,	17206
joint vocational, and cooperative education school district there	17207
shall be maintained a record of school membership, which record	17208
shall accurately show, for each day the school is in session, the	17209
actual membership enrolled in regular day classes. For the purpose	17210
of determining average daily membership, the membership figure of	17211
any school shall not include any pupils except those pupils	17212
described by division (A) of this section. The record of	17213
membership for each school shall be maintained in such manner that	17214
no pupil shall be counted as in membership prior to the actual	17215
date of entry in the school and also in such manner that where for	17216
any cause a pupil permanently withdraws from the school that pupil	17217
shall not be counted as in membership from and after the date of	17218
such withdrawal. There shall not be included in the membership of	17219
any school any of the following:	17220

(1) Any pupil who has graduated from the twelfth grade of a	17221
public high school;	17222

(2) Any pupil who is not a resident of the state;

17223

(3) Any pupil who was enrolled in the schools of the district	17224
during the previous school year when tests were administered under	17225
section 3301.0711 of the Revised Code but did not take one or more	17226
of the tests required by that section and was not excused pursuant	17227
to division (C)(1) of that section;	17228

(4) Any pupil who has attained the age of twenty-two years,	17229
except for veterans of the armed services whose attendance was	17230
interrupted before completing the recognized twelve-year course of	17231
the public schools by reason of induction or enlistment in the	17232
armed forces and who apply for reenrollment in the public school	17233
system of their residence not later than four years after	17234
termination of war or their honorable discharge.	17235

If, however, any veteran described by division (E)(4) of this	17236
section elects to enroll in special courses organized for veterans	17237
for whom tuition is paid under the provisions of federal laws, or	17238
otherwise, that veteran shall not be included in average daily	17239
membership.	17240

Notwithstanding division (E)(3) of this section, the	17241
membership of any school may include a pupil who did not take a	17242
test required by section 3301.0711 of the Revised Code if the	17243
superintendent of public instruction grants a waiver from the	17244
requirement to take the test to the specific pupil. The	17245
superintendent may grant such a waiver only for good cause in	17246
accordance with rules adopted by the state board of education.	17247

Except as provided in divisions (B)(2) and (F) of this	17248
section, the average daily membership figure of any local, city,	17249
exempted village, or joint vocational school district shall be	17250
determined by dividing the figure representing the sum of the	17251
number of pupils enrolled during each day the school of attendance	17252
is actually open for instruction during the first full school week	17253
in October by the total number of days the school was actually	17254
open for instruction during that week. For purposes of state	17255
funding, "enrolled" persons are only those pupils who are	17256
attending school, those who have attended school during the	17257
current school year and are absent for authorized reasons, and	17258
those handicapped children currently receiving home instruction.	17259

The average daily membership figure of any cooperative	17260
education school district shall be determined in accordance with	17261
rules adopted by the state board of education.	17262

(F)(1) If the formula ADM for the first full school week in	17263
February is at least three per cent greater than that certified	17264
for the first full school week in the preceding October, the	17265
superintendent of schools of any city, exempted village, or joint	17266
vocational school district or educational service center shall	17267
certify such increase to the superintendent of public instruction.	17268
Such certification shall be submitted no later than the fifteenth	17269
day of February. For the balance of the fiscal year, beginning	17270
with the February payments, the superintendent of public	17271
instruction shall use the increased formula ADM in calculating or	17272
recalculating ~~the amounts to be allocated in accordance with~~	17273
payments under section 3317.022 or 3317.16 of the Revised Code	17274
that are based on formula ADM and not on average daily attendance.	17275
In no event shall the superintendent use an increased membership	17276
certified to the superintendent after the fifteenth day of	17277
February.	17278

(2) If on the first school day of April the total number of	17279
classes or units for handicapped preschool children that are	17280
eligible for approval under division (B) of section 3317.05 of the	17281
Revised Code exceeds the number of units that have been approved	17282
for the year under that division, the superintendent of schools of	17283
any city, exempted village, or cooperative education school	17284
district or educational service center shall make the	17285
certifications required by this section for that day. If the ~~state~~	17286
~~board of education~~department determines additional units can be	17287
approved for the fiscal year within any limitations set forth in	17288
the acts appropriating moneys for the funding of such units, the	17289
~~board~~department shall approve additional units for the fiscal	17290
year on the basis of such average daily membership. For each unit	17291
so approved, the department ~~of education~~ shall pay an amount	17292
computed in the manner prescribed in section 3317.052 or 3317.19	17293
and section 3317.053 of the Revised Code.	17294

(3) If a student attending a community school under Chapter	17295
3314. of the Revised Code is not included in the formula ADM	17296
certified for the first full school week of October for the school	17297
district in which the student is entitled to attend school under	17298
section 3313.64 or 3313.65 of the Revised Code, the department of	17299
education shall adjust the formula ADM of that school district to	17300
include the community school student in accordance with division	17301
(C)(2) of this section, and shall recalculate the school	17302
district's payments under this chapter for the entire fiscal year	17303
on the basis of that adjusted formula ADM. This requirement	17304
applies regardless of whether the student was enrolled, as defined	17305
in division (E) of this section, in the community school during	17306
the first full school week in October.	17307

(G)(1)(a) The superintendent of an institution operating a	17308
special education program pursuant to section 3323.091 of the	17309
Revised Code shall, for the programs under such superintendent's	17310
supervision, certify to the state board of education the average	17311
daily membership of all handicapped children in classes or	17312
programs approved annually by the ~~state board~~department of	17313
education, in the manner prescribed by the superintendent of	17314
public instruction.	17315

(b) The superintendent of an institution with vocational	17316
education units approved under division (A) of section 3317.05 of	17317
the Revised Code shall, for the units under the superintendent's	17318
supervision, certify to the state board of education the average	17319
daily membership in those units, in the manner prescribed by the	17320
superintendent of public instruction.	17321

(2) The superintendent of each county MR/DD board that	17322
maintains special education classes under section 3317.20 of the	17323
Revised Code or units approved ~~by the state board of education~~	17324
pursuant to section 3317.05 of the Revised Code shall do both of	17325
the following:	17326

(a) Certify to the state board, in the manner prescribed by	17327
the board, the average daily membership in classes under section	17328
3317.20 of the Revised Code for each school district that has	17329
placed children in the classes;	17330

(b) Certify to the state board, in the manner prescribed by	17331
the board, the number of all handicapped preschool children	17332
enrolled as of the first day of December in classes eligible for	17333
approval under division (B) of section 3317.05 of the Revised	17334
Code, and the number of those classes.	17335

(3)(a) If on the first school day of April the number of	17336
classes or units maintained for handicapped preschool children by	17337
the county MR/DD board that are eligible for approval under	17338
division (B) of section 3317.05 of the Revised Code is greater	17339
than the number of units approved for the year under that	17340
division, the superintendent shall make the certification required	17341
by this section for that day.	17342

(b) If the ~~state board~~department determines that additional	17343
classes or units can be approved for the fiscal year within any	17344
limitations set forth in the acts appropriating moneys for the	17345
funding of the classes and units described in division (G)(3)(a)	17346
of this section, the ~~board~~department shall approve and fund	17347
additional units for the fiscal year on the basis of such average	17348
daily membership. For each unit so approved, the department of	17349
~~education~~ shall pay an amount computed in the manner prescribed in	17350
sections 3317.052 and 3317.053 of the Revised Code.	17351

(H) Except as provided in division (I) of this section, when	17352
any city, local, or exempted village school district provides	17353
instruction for a nonresident pupil whose attendance is	17354
unauthorized attendance as defined in section 3327.06 of the	17355
Revised Code, that pupil's membership shall not be included in	17356
that district's membership figure used in the calculation of that	17357
district's formula ADM or included in the determination of any	17358
unit approved for the district under section 3317.05 of the	17359
Revised Code. The reporting official shall report separately the	17360
average daily membership of all pupils whose attendance in the	17361
district is unauthorized attendance, and the membership of each	17362
such pupil shall be credited to the school district in which the	17363
pupil is entitled to attend school under division (B) of section	17364
3313.64 or section 3313.65 of the Revised Code as determined by	17365
the department of education.	17366

(I)(1) A city, local, exempted village, or joint vocational	17367
school district admitting a scholarship student of a pilot project	17368
district pursuant to division (C) of section 3313.976 of the	17369
Revised Code may count such student in its average daily	17370
membership.	17371

(2) In any year for which funds are appropriated for pilot	17372
project scholarship programs, a school district implementing a	17373
state-sponsored pilot project scholarship program that year	17374
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	17375
count in average daily membership:	17376

(a) All children residing in the district and utilizing a	17377
scholarship to attend kindergarten in any alternative school, as	17378
defined in section 3313.974 of the Revised Code;	17379

(b) All children who were enrolled in the district in the	17380
preceding year who are utilizing a scholarship to attend any such	17381
alternative school.	17382

(J) The superintendent of each cooperative education school	17383
district shall certify to the superintendent of public	17384
instruction, in a manner prescribed by the state board of	17385
education, the applicable average daily memberships for all	17386
students in the cooperative education district, also indicating	17387
the city, local, or exempted village district where each pupil is	17388
entitled to attend school under section 3313.64 or 3313.65 of the	17389
Revised Code.	17390

Sec. 3317.032. (A) Each city, local, exempted village, and	17391
cooperative education school district, each educational service	17392
center, each county MR/DD board, and each institution operating a	17393
special education program pursuant to section 3323.091 of the	17394
Revised Code shall, in accordance with procedures adopted by the	17395
state board of education, maintain a record of district membership	17396
of both of the following:	17397

(1) All handicapped preschool children in units approved	17398
under division (B) of section 3317.05 of the Revised Code;	17399

(2) All handicapped preschool children who are not in units	17400
approved ~~by the state board~~ under division (B) of section 3317.05	17401
of the Revised Code but who are otherwise served by a special	17402
education program.	17403

(B) The superintendent of each district, board, or	17404
institution subject to division (A) of this section shall certify	17405
to the state board of education, in accordance with procedures	17406
adopted by that board, membership figures of all handicapped	17407
preschool children whose membership is maintained under division	17408
(A)(2) of this section. The figures certified under this division	17409
shall be used in the determination of the ADM used to compute	17410
funds for educational service center governing boards under	17411
division (B) of section 3317.11 of the Revised Code.	17412

Sec. 3317.034. Any student enrolled in kindergarten more	17413
than half time shall be reported as one-half student under this	17414
section.	17415

(A) The superintendent of each city, exempted village, local,	17416
and joint vocational school district shall, for the schools under	17417
the superintendent's supervision, certify to the state board of	17418
education on or before the fifteenth day of each month from	17419
October through June, the average daily attendance for the	17420
previous month, which shall consist of the average daily	17421
attendance during that month of the sum of the following:	17422

(1) On an FTE basis, the number of students in attendance in	17423
each of grades kindergarten through twelve, except that the	17424
following categories of students shall not be included in the	17425
determination:	17426

(a) Adjacent or other district students enrolled in the	17427
district under an open enrollment policy pursuant to section	17428
3313.98 of the Revised Code;	17429

(b) Students for whom tuition is payable pursuant to sections	17430
3317.081 and 3323.141 of the Revised Code.	17431

(2) On an FTE basis, the number of students entitled to	17432
attend school in the district pursuant to section 3313.64 or	17433
3313.65 of the Revised Code, but receiving educational services in	17434
grades kindergarten through twelve from one or more of the	17435
following entities:	17436

(a) A community school pursuant to Chapter 3314. of the	17437
Revised Code;	17438

(b) An alternative school pursuant to sections 3313.974 to	17439
3313.979 of the Revised Code as described in division (H)(2)(a) or	17440
(b) of this section;	17441

17442

(d) An adjacent or other school district under an open	17443
enrollment policy adopted pursuant to section 3313.98 of the	17444
Revised Code;	17445

(e) An educational service center or cooperative education	17446
district.	17447

(3) The number of handicapped children, other than	17448
handicapped preschool children, entitled to attend school in the	17449
district pursuant to section 3313.64 or 3313.65 of the Revised	17450
Code who are placed with a county MR/DD board, minus the number of	17451
such children placed with a county MR/DD board in fiscal year	17452
1998. If this calculation produces a negative number, the number	17453
reported under division (A)(3) of this section shall be zero.	17454

(B) A student enrolled in a community school established	17455
under Chapter 3314. of the Revised Code shall be counted in the	17456
average daily attendance of the school district in which the	17457
student is entitled to attend school under section 3313.64 or	17458
3313.65 of the Revised Code for the same proportion of each month	17459
that the student is counted in the enrollment of the community	17460
school for purposes of section 3314.08 of the Revised Code.	17461

(C) No child shall be counted as more than a total of one	17462
child in the average daily attendance of a school district.	17463

(1) A child with a handicap described in section 3317.013 of	17464
the Revised Code may be counted both in average daily attendance	17465
and in category one, two, three, four, five, or six special	17466
education ADM and, if applicable, in category one or two	17467
vocational education ADM. As provided in division (C) of section	17468
3317.02 of the Revised Code, such a child shall be counted in	17469
category one, two, three, four, five, or six special education ADM	17470
in the same proportion that the child is counted in average daily	17471
attendance.	17472

(2) A child enrolled in vocational education programs or	17473
classes described in section 3317.014 of the Revised Code may be	17474
counted both in average daily attendance and category one or two	17475
vocational education ADM and, if applicable, in category one, two,	17476
three, four, five, or six special education ADM.	17477

(D) The average daily attendance figure of any city, local,	17478
exempted village, or joint vocational school district shall not	17479
include any pupils except those pupils described by division (A)	17480
of this section. There shall not be included in the attendance of	17481
any school district any of the following:	17482

(1) Any pupil who has graduated from high school;

17483

(2) Any pupil who is not a resident of the state;

17484

(3) Any pupil who was enrolled in the schools of the district	17485
during the previous school year when tests were administered under	17486
section 3301.0711 of the Revised Code but did not take one or more	17487
of the tests required by that section and was not excused pursuant	17488
to division (C)(1) of that section, unless the superintendent of	17489
public instruction grants a waiver from the requirement to take	17490
the test to the specific pupil. The superintendent may grant such	17491
a waiver only for good cause in accordance with rules adopted by	17492
the state board of education.	17493

(4) Any pupil who has attained the age of twenty-two years,	17494
except for veterans of the armed services whose attendance was	17495
interrupted before completing the recognized twelve-year course of	17496
the public schools by reason of induction or enlistment in the	17497
armed forces and who apply for re-enrollment in the public school	17498
system of their residence not later than four years after	17499
termination of war or their honorable discharge. If, however, any	17500
veteran described by division (D)(4) of this section elects to	17501
enroll in special courses organized for veterans for whom tuition	17502
is paid under the provisions of federal laws, or otherwise, that	17503
veteran shall not be included in average daily attendance.	17504

(E) The average daily attendance of each city, exempted	17505
village, local, and joint vocational school district shall be	17506
determined by dividing the sum of the number of pupils on an FTE	17507
basis attending any part of a day the school of attendance is	17508
actually open for instruction during the prior month by the total	17509
number of days the school was actually open for instruction for	17510
any part of a day during that month. For this purpose, "attending"	17511
persons are only those pupils who are attending school, attending	17512
a school-sponsored field trip, serving an in-school suspension, or	17513
receiving educational services from the school district while	17514
expelled or serving an out-of-school suspension, and those	17515
handicapped children receiving home instruction. "Attending"	17516
persons do not include students absent with or without excuse.	17517

(F) The superintendent of each county MR/DD board that	17518
maintains special education classes under section 3317.20 of the	17519
Revised Code shall certify to the state board, in the manner	17520
prescribed by the state board, the average daily attendance in	17521
classes under section 3317.20 of the Revised Code for each school	17522
district that has placed children in the classes.	17523

(G) Except as provided in division (I) of this section, when	17524
any city, local, or exempted village school district provides	17525
instruction for a nonresident pupil whose attendance is	17526
unauthorized attendance as defined in section 3327.06 of the	17527
Revised Code, that pupil's attendance shall not be included in	17528
that district's average daily attendance. The reporting official	17529
shall report separately the average daily attendance of all pupils	17530
whose attendance in the district is unauthorized attendance, and	17531
the attendance of each such pupil shall be credited to the school	17532
district in which the pupil is entitled to attend school under	17533
division (B) of section 3313.64 or section 3313.65 of the Revised	17534
Code as determined by the department of education.	17535

(H)(1) A city, local, exempted village, or joint vocational	17536
school district admitting a scholarship student of a pilot project	17537
district pursuant to division (C) of section 3313.976 of the	17538
Revised Code may count such student in its average daily	17539
attendance.	17540

(2) In any year for which funds are appropriated for pilot	17541
project scholarship programs, a school district implementing a	17542
state-sponsored pilot project scholarship program that year	17543
pursuant to sections 3313.974 to 3313.979 of the Revised Code may	17544
count in average daily attendance:	17545

(a) All children residing in the district and utilizing a	17546
scholarship to attend kindergarten in any alternative school, as	17547
defined in section 3313.974 of the Revised Code;	17548

(b) All children who were enrolled in the district in the	17549
preceding year who are utilizing a scholarship to attend any such	17550
alternative school.	17551

(I) The superintendent of each cooperative education school	17552
district shall certify to the superintendent of public	17553
instruction, in a manner prescribed by the state board of	17554
education, the average daily attendance for all students in the	17555
cooperative education district, also indicating the city, local,	17556
or exempted village district where each pupil is entitled to	17557
attend school under section 3313.64 or 3313.65 of the Revised	17558
Code.	17559

Sec. 3317.04. The amount paid to school districts in each	17560
fiscal year under Chapter 3317. of the Revised Code shall not be	17561
less than the following:	17562

(A) In the case of a district created under section 3311.26	17563
or 3311.37 of the Revised Code, the amount paid shall not be less,	17564
in any of the three succeeding fiscal years following the	17565
creation, than the sum of the amounts allocated under Chapter	17566
3317. of the Revised Code to the districts separately in the year	17567
of the creation.	17568

(B) In the case of a school district which is transferred to	17569
another school district or districts, pursuant to section 3311.22,	17570
3311.231, or 3311.38 of the Revised Code, the amount paid to the	17571
district accepting the transferred territory shall not be less, in	17572
any of the three succeeding fiscal years following the transfer,	17573
than the sum of the amounts allocated under Chapter 3317. of the	17574
Revised Code to the districts separately in the year of the	17575
consummation of the transfer.	17576

(C) ~~In the case of any school district, the amount paid under~~	17577
~~Chapter 3317. of the Revised Code to the district in the fiscal~~	17578
~~year of distribution shall not be less than that paid under such~~	17579
~~chapter in the preceding fiscal year, if in the calendar year~~	17580
~~ending the thirty-first day of December preceding the fiscal year~~	17581
~~of distribution, the county auditor of the county to which the~~	17582
~~district has been assigned by the department of education for~~	17583
~~administrative purposes has completed reassessment of all real~~	17584
~~estate within his county, or the tax duplicate of that county was~~	17585
~~increased by the application of a uniform taxable value per cent~~	17586
~~of true value pursuant to a rule or order of the tax commissioner~~	17587
~~and the revised valuations were entered on the tax list and~~	17588
~~duplicate. Notwithstanding sections 3311.22, 3311.231, 3311.26,~~	17589
~~3311.37, and 3311.38 of the Revised Code, this minimum guarantee~~	17590
~~is applicable only during the fiscal year immediately following~~	17591
~~the reassessment or application.~~	17592

~~(D)~~ In the case of any school district that has territory in	17593
three or more counties, each of which contains at least twenty per	17594
cent of the district's territory, the amount paid under Chapter	17595
3317. of the Revised Code to the district in the fiscal year of	17596
distribution shall not be less than that paid under such chapter	17597
in the preceding fiscal year, if in the calendar year ending the	17598
thirty-first day of December preceding the fiscal year of	17599
distribution, the county auditor of any such county completed	17600
reassessment of all real estate within ~~his~~the county, or the tax	17601
duplicate of any such county was increased by the application of a	17602
uniform taxable value per cent of true value pursuant to a rule or	17603
order of the tax commissioner and the revised valuations were	17604
entered on the tax list and duplicate. Notwithstanding sections	17605
3311.22, 3311.231, 3311.26, 3311.37, and 3311.38 of the Revised	17606
Code, this minimum guarantee is applicable only during the fiscal	17607
year immediately following the reassessment or application.	17608

Notwithstanding sections 3311.22, 3311.231, 3311.26, 3311.37,	17609
and 3311.38 of the Revised Code, the minimum guarantees prescribed	17610
by divisions (A) and (B) of this section shall not affect the	17611
amount of aid received by a school district for more than three	17612
consecutive years.	17613

Sec. 3317.05. (A) For the purpose of calculating payments	17614
under sections 3317.052 and 3317.053 of the Revised Code, the	17615
~~state board~~department of education shall determine for each	17616
institution, by the last day of January of each year and based on	17617
information certified under section 3317.03 of the Revised Code,	17618
the number of vocational education units or fractions of units	17619
approved by the ~~state board~~department on the basis of standards	17620
and rules adopted by the state board of education. As used in this	17621
division, "institution" means an institution operated by a	17622
department specified in section 3323.091 of the Revised Code and	17623
that provides vocational education programs under the supervision	17624
of the division of vocational education of the department of	17625
~~education~~ that meet the standards and rules for these programs,	17626
including licensure of professional staff involved in the	17627
programs, as established by the state board ~~of education~~.	17628

(B) For the purpose of calculating payments under sections	17629
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	17630
~~state board~~department shall determine, based on information	17631
certified under section 3317.03 of the Revised Code, the following	17632
by the last day of January of each year for each educational	17633
service center, for each school district, including each	17634
cooperative education school district, for each institution	17635
eligible for payment under section 3323.091 of the Revised Code,	17636
and for each county MR/DD board: the number of classes operated by	17637
the school district, service center, institution, or county MR/DD	17638
board for handicapped preschool children, or fraction thereof,	17639
including in the case of a district or service center that is a	17640
funding agent, classes taught by a licensed teacher employed by	17641
that district or service center under section 3313.841 of the	17642
Revised Code, approved annually by the ~~state board~~department on	17643
the basis of standards and rules adopted by the state board.	17644

(C) For the purpose of calculating payments under sections	17645
3317.052, 3317.053, 3317.11, and 3317.19 of the Revised Code, the	17646
~~state board~~department shall determine, based on information	17647
certified under section 3317.03 of the Revised Code, the following	17648
by the last day of January of each year for each school district,	17649
including each cooperative education school district, for each	17650
institution eligible for payment under section 3323.091 of the	17651
Revised Code, and for each county MR/DD board: the number of	17652
preschool handicapped related services units for child study,	17653
occupational, physical, or speech and hearing therapy, special	17654
education supervisors, and special education coordinators approved	17655
annually by the ~~state board~~department on the basis of standards	17656
and rules adopted by the state board.	17657

(D) For the purpose of calculating payments under sections	17658
3317.052 and 3317.053 of the Revised Code, the ~~state board~~	17659
department shall determine, based on information certified under	17660
section 3317.03 of the Revised Code, the following by the last day	17661
of January of each year for each institution eligible for payment	17662
under section 3323.091 of the Revised Code:	17663

(1) The number of classes operated by an institution for	17664
handicapped children other than handicapped preschool children, or	17665
fraction thereof, approved annually by the ~~state board~~department	17666
on the basis of standards and rules adopted by the state board;	17667

(2) The number of related services units for children other	17668
than handicapped preschool children for child study, occupational,	17669
physical, or speech and hearing therapy, special education	17670
supervisors, and special education coordinators approved annually	17671
by the ~~state board~~department on the basis of standards and rules	17672
adopted by the state board.	17673

(E) All of the arithmetical calculations made under this	17674
section shall be carried to the second decimal place. The total	17675
number of units for school districts, service centers, and	17676
institutions approved annually ~~by the state board~~ under this	17677
section shall not exceed the number of units included in the ~~state~~	17678
~~board's~~ estimate of cost for these units and appropriations made	17679
for them by the general assembly.	17680

In the case of units described in division (D)(1) of this	17681
section operated by institutions eligible for payment under	17682
section 3323.091 of the Revised Code, the ~~state board~~department	17683
shall approve only units for persons who are under age twenty-two	17684
on the first day of the academic year, but not less than six years	17685
of age on the thirtieth day of September of that year, except that	17686
such a unit may include one or more children who are under six	17687
years of age on the thirtieth day of September if such children	17688
have been admitted to the unit pursuant to rules of the state	17689
board. In the case of handicapped preschool units described in	17690
division (B) of this section ~~operated by county MR/DD boards and~~	17691
~~institutions eligible for payment under section 3323.091 of the~~	17692
~~Revised Code~~, the ~~state board~~department shall approve only	17693
preschool units for children who are under age six but not less	17694
than age three on the ~~thirtieth~~first day of ~~September~~December of	17695
the academic year, except that such a unit may include one or more	17696
children who are under age three or are age six or over on the	17697
~~thirtieth~~first day of ~~September~~December, as reported under	17698
division (B)(2) or (G)(2)(b) of section 3317.03 of the Revised	17699
Code, if such children have been admitted to the unit pursuant to	17700
rules of the state board ~~of education~~. The number of units for	17701
county MR/DD boards and institutions eligible for payment under	17702
section 3323.091 of the Revised Code approved ~~by the state board~~	17703
under this section shall not exceed the number that can be funded	17704
with appropriations made for such purposes by the general	17705
assembly.	17706

No unit shall be approved under divisions (B) to (D) of this	17707
section unless a plan has been submitted and approved under	17708
Chapter 3323. of the Revised Code.	17709

(F) The department shall approve units or fractions thereof	17710
for gifted children on the basis of standards and rules adopted by	17711
the state board.	17712

Sec. 3317.06. Moneys paid to school districts under division	17713
(L) of section 3317.024 of the Revised Code shall be used for the	17714
following independent and fully severable purposes:	17715

(A) To purchase such secular textbooks or electronic	17716
textbooks as have been approved by the superintendent of public	17717
instruction for use in public schools in the state and to loan	17718
such textbooks or electronic textbooks to pupils attending	17719
nonpublic schools within the district or to their parents and to	17720
hire clerical personnel to administer such lending program. Such	17721
loans shall be based upon individual requests submitted by such	17722
nonpublic school pupils or parents. Such requests shall be	17723
submitted to the school district in which the nonpublic school is	17724
located. Such individual requests for the loan of textbooks or	17725
electronic textbooks shall, for administrative convenience, be	17726
submitted by the nonpublic school pupil or the pupil's parent to	17727
the nonpublic school, which shall prepare and submit collective	17728
summaries of the individual requests to the school district. As	17729
used in this section:	17730

(1) "Textbook" means any book or book substitute that a pupil	17731
uses as a consumable or nonconsumable text, text substitute, or	17732
text supplement in a particular class or program in the school the	17733
pupil regularly attends.	17734

(2) "Electronic textbook" means computer software,	17735
interactive videodisc, magnetic media, CD-ROM, computer	17736
courseware, local and remote computer assisted instruction,	17737
on-line service, electronic medium, or other means of conveying	17738
information to the student or otherwise contributing to the	17739
learning process through electronic means.	17740

(B) To provide speech and hearing diagnostic services to	17741
pupils attending nonpublic schools within the district. Such	17742
service shall be provided in the nonpublic school attended by the	17743
pupil receiving the service.	17744

(C) To provide physician, nursing, dental, and optometric	17745
services to pupils attending nonpublic schools within the	17746
district. Such services shall be provided in the school attended	17747
by the nonpublic school pupil receiving the service.	17748

(D) To provide diagnostic psychological services to pupils	17749
attending nonpublic schools within the district. Such services	17750
shall be provided in the school attended by the pupil receiving	17751
the service.	17752

(E) To provide therapeutic psychological and speech and	17753
hearing services to pupils attending nonpublic schools within the	17754
district. Such services shall be provided in the public school, in	17755
nonpublic schools, in public centers, or in mobile units located	17756
on or off of the nonpublic premises. If such services are provided	17757
in the public school or in public centers, transportation to and	17758
from such facilities shall be provided by the school district in	17759
which the nonpublic school is located.	17760

(F) To provide guidance and counseling services to pupils	17761
attending nonpublic schools within the district. Such services	17762
shall be provided in the public school, in nonpublic schools, in	17763
public centers, or in mobile units located on or off of the	17764
nonpublic premises. If such services are provided in the public	17765
school or in public centers, transportation to and from such	17766
facilities shall be provided by the school district in which the	17767
nonpublic school is located.	17768

(G) To provide remedial services to pupils attending	17769
nonpublic schools within the district. Such services shall be	17770
provided in the public school, in nonpublic schools, in public	17771
centers, or in mobile units located on or off of the nonpublic	17772
premises. If such services are provided in the public school or in	17773
public centers, transportation to and from such facilities shall	17774
be provided by the school district in which the nonpublic school	17775
is located.	17776

(H) To supply for use by pupils attending nonpublic schools	17777
within the district such standardized tests and scoring services	17778
as are in use in the public schools of the state;	17779

(I) To provide programs for children who attend nonpublic	17780
schools within the district and are handicapped children as	17781
defined in division (A) of section 3323.01 of the Revised Code or	17782
gifted children. Such programs shall be provided in the public	17783
school, in nonpublic schools, in public centers, or in mobile	17784
units located on or off of the nonpublic premises. If such	17785
programs are provided in the public school or in public centers,	17786
transportation to and from such facilities shall be provided by	17787
the school district in which the nonpublic school is located.	17788

(J) To hire clerical personnel to assist in the	17789
administration of programs pursuant to divisions (B), (C), (D),	17790
(E), (F), (G), and (I) of this section and to hire supervisory	17791
personnel to supervise the providing of services and textbooks	17792
pursuant to this section.	17793

(K) To purchase or lease any secular, neutral, and	17794
nonideological computer software (including site-licensing),	17795
prerecorded video laserdiscs, digital video on demand (DVD),	17796
compact discs, and video cassette cartridges, wide area	17797
connectivity and related technology as it relates to internet	17798
access, mathematics or science equipment and materials,	17799
instructional materials, and school library materials that are in	17800
general use in the public schools of the state and loan such items	17801
to pupils attending nonpublic schools within the district or to	17802
their parents, and to hire clerical personnel to administer the	17803
lending program. Only such items that are incapable of diversion	17804
to religious use and that are susceptible of loan to individual	17805
pupils and are furnished for the use of individual pupils shall be	17806
purchased and loaned under this division. As used in this section,	17807
"instructional materials" means prepared learning materials that	17808
are secular, neutral, and nonideological in character and are of	17809
benefit to the instruction of school children, and may include	17810
educational resources and services developed by the ~~Ohio schoolnet~~	17811
~~commission~~department of education.	17812

(L) To purchase or lease instructional equipment, including	17813
computer hardware and related equipment in general use in the	17814
public schools of the state, for use by pupils attending nonpublic	17815
schools within the district and to loan such items to pupils	17816
attending nonpublic schools within the district or to their	17817
parents, and to hire clerical personnel to administer the lending	17818
program.	17819

(M) To purchase mobile units to be used for the provision of	17820
services pursuant to divisions (E), (F), (G), and (I) of this	17821
section and to pay for necessary repairs and operating costs	17822
associated with these units.	17823

Clerical and supervisory personnel hired pursuant to division	17824
(J) of this section shall perform their services in the public	17825
schools, in nonpublic schools, public centers, or mobile units	17826
where the services are provided to the nonpublic school pupil,	17827
except that such personnel may accompany pupils to and from the	17828
service sites when necessary to ensure the safety of the children	17829
receiving the services.	17830

All services provided pursuant to this section may be	17831
provided under contract with educational service centers, the	17832
department of health, city or general health districts, or private	17833
agencies whose personnel are properly licensed by an appropriate	17834
state board or agency.	17835

Transportation of pupils provided pursuant to divisions (E),	17836
(F), (G), and (I) of this section shall be provided by the school	17837
district from its general funds and not from moneys paid to it	17838
under division (L) of section 3317.024 of the Revised Code unless	17839
a special transportation request is submitted by the parent of the	17840
child receiving service pursuant to such divisions. If such an	17841
application is presented to the school district, it may pay for	17842
the transportation from moneys paid to it under division (L) of	17843
section 3317.024 of the Revised Code.	17844

No school district shall provide health or remedial services	17845
to nonpublic school pupils as authorized by this section unless	17846
such services are available to pupils attending the public schools	17847
within the district.	17848

Materials, equipment, computer hardware or software,	17849
textbooks, electronic textbooks, and health and remedial services	17850
provided for the benefit of nonpublic school pupils pursuant to	17851
this section and the admission of pupils to such nonpublic schools	17852
shall be provided without distinction as to race, creed, color, or	17853
national origin of such pupils or of their teachers.	17854

No school district shall provide services, materials, or	17855
equipment that contain religious content for use in religious	17856
courses, devotional exercises, religious training, or any other	17857
religious activity.	17858

As used in this section, "parent" includes a person standing	17859
in loco parentis to a child.	17860

Notwithstanding section 3317.01 of the Revised Code, payments	17861
shall be made under this section to any city, local, or exempted	17862
village school district within which is located one or more	17863
nonpublic elementary or high schools and any payments made to	17864
school districts under division (L) of section 3317.024 of the	17865
Revised Code for purposes of this section may be disbursed without	17866
submission to and approval of the controlling board.	17867

The allocation of payments for materials, equipment,	17868
textbooks, electronic textbooks, health services, and remedial	17869
services to city, local, and exempted village school districts	17870
shall be on the basis of the state board of education's estimated	17871
annual average daily membership in nonpublic elementary and high	17872
schools located in the district.	17873

Payments made to city, local, and exempted village school	17874
districts under this section shall be equal to specific	17875
appropriations made for the purpose. All interest earned by a	17876
school district on such payments shall be used by the district for	17877
the same purposes and in the same manner as the payments may be	17878
used.	17879

The department of education shall adopt guidelines and	17880
procedures under which such programs and services shall be	17881
provided, under which districts shall be reimbursed for	17882
administrative costs incurred in providing such programs and	17883
services, and under which any unexpended balance of the amounts	17884
appropriated by the general assembly to implement this section may	17885
be transferred to the auxiliary services personnel unemployment	17886
compensation fund established pursuant to section 4141.47 of the	17887
Revised Code. The department shall also adopt guidelines and	17888
procedures limiting the purchase and loan of the items described	17889
in division (K) of this section to items that are in general use	17890
in the public schools of the state, that are incapable of	17891
diversion to religious use, and that are susceptible to individual	17892
use rather than classroom use. Within thirty days after the end of	17893
each biennium, each board of education shall remit to the	17894
department all moneys paid to it under division (L) of section	17895
3317.024 of the Revised Code and any interest earned on those	17896
moneys that are not required to pay expenses incurred under this	17897
section during the biennium for which the money was appropriated	17898
and during which the interest was earned. If a board of education	17899
subsequently determines that the remittal of moneys leaves the	17900
board with insufficient money to pay all valid expenses incurred	17901
under this section during the biennium for which the remitted	17902
money was appropriated, the board may apply to the department of	17903
education for a refund of money, not to exceed the amount of the	17904
insufficiency. If the department determines the expenses were	17905
lawfully incurred and would have been lawful expenditures of the	17906
refunded money, it shall certify its determination and the amount	17907
of the refund to be made to the director of job and family	17908
services who shall make a refund as provided in section 4141.47 of	17909
the Revised Code.	17910

Sec. 3317.064. (A) There is hereby established in the state	17911
treasury the auxiliary services ~~mobile unit replacement and repair~~	17912
reimbursement fund. By the thirtieth day of January of each	17913
odd-numbered year, the director of job and family services and the	17914
superintendent of public instruction shall determine the amount of	17915
any excess moneys in the auxiliary services personnel unemployment	17916
compensation fund not reasonably necessary for the purposes of	17917
section 4141.47 of the Revised Code, and shall certify such amount	17918
to the director of budget and management for transfer to the	17919
auxiliary services ~~mobile unit replacement and repair~~	17920
reimbursement fund. If the director of job and family services and	17921
the superintendent disagree on such amount, the director of budget	17922
and management shall determine the amount to be transferred.	17923

(B) Moneys in the auxiliary services ~~mobile unit replacement~~	17924
~~and repair~~reimbursement fund shall be used for the relocation or	17925
for the replacement and repair of mobile units used to provide the	17926
services specified in division (E), (F), (G), or (I) of section	17927
3317.06 of the Revised Code. The state board of education shall	17928
adopt guidelines and procedures for replacement, repair, and	17929
relocation of mobile units and the procedures under which a school	17930
district may apply to receive moneys with which to repair or	17931
replace or relocate such units.	17932

(C) School districts may apply to the department for moneys	17933
from the auxiliary services ~~mobile unit replacement and repair~~	17934
reimbursement fund for payment of incentives for early retirement	17935
and severance for school district personnel assigned to provide	17936
services authorized by section 3317.06 of the Revised Code at	17937
chartered nonpublic schools. The portion of the cost of any early	17938
retirement or severance incentive for any employee that is paid	17939
using money from the auxiliary services ~~mobile unit replacement~~	17940
~~and repair~~reimbursement fund shall not exceed the percentage of	17941
such employee's total service credit that the employee spent	17942
providing services to chartered nonpublic school students under	17943
section 3317.06 of the Revised Code.	17944

Sec. 3317.07. The state board of education shall establish	17945
rules for the purpose of distributing subsidies for the purchase	17946
of school buses under division (E) of section 3317.024 of the	17947
Revised Code.	17948

No school bus subsidy payments shall be paid to any district	17949
unless such district can demonstrate that pupils residing more	17950
than one mile from the school could not be transported without	17951
such additional aid.	17952

The amount paid to a county MR/DD board for buses purchased	17953
for transportation of children in special education programs	17954
operated by the board shall be one hundred per cent of the board's	17955
net cost.	17956

The amount paid to a school district for buses purchased for	17957
transportation of handicapped and nonpublic school pupils shall be	17958
one hundred per cent of the school district's net cost.	17959

The state board of education shall adopt a formula to	17960
determine the amount of payments that shall be distributed to	17961
school districts to purchase school buses for pupils other than	17962
handicapped or nonpublic school pupils.	17963

If any district or MR/DD board obtains bus services for pupil	17964
transportation pursuant to a contract, such district or board may	17965
use payments received under this section to defray the costs of	17966
contracting for bus services in lieu of for purchasing buses.	17967

If the department of education determines that a county MR/DD	17968
board no longer needs a school bus because the board no longer	17969
transports children to a special education program operated by the	17970
board, or if the department determines that a school district no	17971
longer needs a school bus to transport pupils to a particular	17972
nonpublic school or special education program, the department may	17973
reassign a bus that was funded with payments provided pursuant to	17974
this section for the purpose of transporting such pupils. The	17975
department may reassign a bus to a county MR/DD board or school	17976
district that transports children to a special education program	17977
designated in the children's individualized education plans, or to	17978
a school district that transports pupils to a nonpublic school,	17979
and needs an additional school bus.	17980

Sec. 3317.081. (A) Tuition shall be computed in accordance	17981
with this section if:	17982

(1) The tuition is required by division (C)(3)(b) of section	17983
3313.64 of the Revised Code; or	17984

(2) Neither the child nor the child's parent resides in this	17985
state and tuition is required by section 3327.06 of the Revised	17986
Code.	17987

(B) Tuition computed in accordance with this section shall	17988
equal the attendance district's tuition rate computed under	17989
section 3317.08 of the Revised Code plus the amount that district	17990
would have received for the child pursuant to sections 3317.022,	17991
3317.023, and 3317.025 to 3317.0213 of the Revised Code during the	17992
school year had the attendance district been authorized to count	17993
the child in its formula ADM and average daily attendance for that	17994
school year under ~~section~~sections 3317.03 and 3317.034 of the	17995
Revised Code.	17996

Sec. 3317.09. All moneys distributed to a school district,	17997
including any cooperative education or joint vocational school	17998
district and all moneys distributed to any educational service	17999
center, by the state whether from a state or federal source, shall	18000
be accounted for by the division of school finance of the	18001
department of education. All moneys distributed shall be coded as	18002
to county, school district or educational service center, source,	18003
and other pertinent information, and at the end of each month, a	18004
report of such distribution shall be made by such division of	18005
school finance to the clerk of the senate and the chief	18006
administrative officer of the house of representatives, to the	18007
Ohio legislative service commission to be available for	18008
examination by any member of either house, to each school district	18009
and educational service center, and to the governor.	18010

On or before the first day of September in each year, a copy	18011
of the annual statistical report required in ~~sections~~section	18012
3319.33 ~~and 3319.34~~ of the Revised Code shall be filed by the	18013
state board of education with the clerk of the senate and the	18014
chief administrative officer of the house of representatives, the	18015
Ohio legislative service commission, the governor, and the auditor	18016
of state. The report shall contain an analysis for the prior	18017
fiscal year on an accrual basis of revenue receipts from all	18018
sources and expenditures for all purposes for each school district	18019
~~and each educational service center~~, including each joint	18020
vocational and cooperative education school district, in the	18021
state. If any board of education ~~or any educational service center~~	18022
~~governing board~~ fails to make the report required in ~~sections~~	18023
section 3319.33 ~~and 3319.34~~ of the Revised Code, the	18024
superintendent of public instruction shall be without authority to	18025
distribute funds to that school district or educational service	18026
center pursuant to sections 3317.022 to 3317.0212, 3317.11,	18027
3317.16, 3317.17, or 3317.19 of the Revised Code until such time	18028
as the required reports are filed with all specified officers,	18029
boards, or agencies.	18030

Sec. 3317.10. (A) On or before the first day of March of	18031
each year, the department of job and family services shall certify	18032
to the state board of education the unduplicated number of	18033
children ages five through seventeen residing in each school	18034
district and living in a family that, during the preceding	18035
October, had family income not exceeding the federal poverty	18036
guidelines as defined in section 5101.46 of the Revised Code and	18037
participated in one of the following:	18038

(1) Ohio works first;

18039

(2) The food stamp program;

18040

(3) The medical assistance program, including the healthy	18041
start program, established under Chapter 5111. of the Revised	18042
Code;	18043

(4) The children's health insurance program part I	18044
established under section 5101.50 of the Revised Code;	18045

(5) The disability financial assistance program established	18046
under Chapter 5115. of the Revised Code;	18047

(6) The disability medical assistance program established	18048
under Chapter 5115. of the Revised Code.	18049

The department of job and family services shall certify this	18050
information according to the school district of residence for each	18051
child. Except as provided under division (B) of this section, the	18052
number of children so certified in any year shall be used by the	18053
department of education in calculating the distribution of moneys	18054
for the ensuing fiscal year as provided in section 3317.029 of the	18055
Revised Code.	18056

(B) Upon the transfer of part of the territory of one school	18057
district to the territory of one or more other school districts,	18058
the department of education may adjust the number of children	18059
certified under division (A) of this section for any district	18060
gaining or losing territory in such a transfer in order to take	18061
into account the effect of the transfer on the number of such	18062
children who reside in the district. Within sixty days of receipt	18063
of a request for information from the department of education, the	18064
department of job and family services shall provide any	18065
information the department of education determines is necessary to	18066
make such adjustments. The department of education may use the	18067
adjusted number for any district for the applicable fiscal year,	18068
in lieu of the number certified for the district for that fiscal	18069
year under division (A) of this section, in the calculation of the	18070
distribution of moneys provided in section 3317.029 of the Revised	18071
Code.	18072

Sec. 3317.11. (A) As used in this section:

18073

(1) "Client school district" means a city or exempted village	18074
school district that has entered into an agreement under section	18075
3313.843 of the Revised Code to receive any services from an	18076
educational service center.	18077

(2) "Service center ADM" means the sum of the total student	18078
counts of all local school districts within an educational service	18079
center's territory and all of the service center's client school	18080
districts.	18081

(3) "Total student count" has the same meaning as in section	18082
3301.011 of the Revised Code.	18083

(B)(1) The governing board of each educational service center	18084
shall provide supervisory services to each local school district	18085
within the service center's territory. Each city or exempted	18086
village school district that enters into an agreement under	18087
section 3313.843 of the Revised Code for a governing board to	18088
provide any services also is considered to be provided supervisory	18089
services by the governing board. Except as provided in division	18090
(B)(2) of this section, the supervisory services shall not exceed	18091
one supervisory teacher for the first fifty classroom teachers	18092
required to be employed in the districts, as calculated under	18093
section 3317.023 of the Revised Code, and one for each additional	18094
one hundred required classroom teachers, as so calculated.	18095

The supervisory services shall be financed annually through	18096
supervisory units. Except as provided in division (B)(2) of this	18097
section, the number of supervisory units assigned to each district	18098
shall not exceed one unit for the first fifty classroom teachers	18099
required to be employed in the district, as calculated under	18100
section 3317.023 of the Revised Code, and one for each additional	18101
one hundred required classroom teachers, as so calculated. The	18102
cost of each supervisory unit shall be the sum of:	18103

(a) The minimum salary prescribed by section 3317.13 of the	18104
Revised Code for the licensed supervisory employee of the	18105
governing board;	18106

(b) An amount equal to fifteen per cent of the salary	18107
prescribed by section 3317.13 of the Revised Code;	18108

(c) An allowance for necessary travel expenses, limited to	18109
the lesser of two hundred twenty-three dollars and sixteen cents	18110
per month or two thousand six hundred seventy-eight dollars per	18111
year.	18112

(2) If a majority of the boards of education, or	18113
superintendents acting on behalf of the boards, of the local and	18114
client school districts receiving services from the educational	18115
service center agree to receive additional supervisory services	18116
and to pay the cost of a corresponding number of supervisory units	18117
in excess of the services and units specified in division (B)(1)	18118
of this section, the service center shall provide the additional	18119
services as agreed to by the majority of districts to, and the	18120
department of education shall apportion the cost of the	18121
corresponding number of additional supervisory units pursuant to	18122
division (B)(3) of this section among, all of the service center's	18123
local and client school districts.	18124

(3) The department shall apportion the total cost for all	18125
supervisory units among the service center's local and client	18126
school districts based on each district's total student count. The	18127
department shall deduct each district's apportioned share pursuant	18128
to division (E) of section 3317.023 of the Revised Code and pay	18129
the apportioned share to the service center.	18130

(C) The department annually shall deduct from each local and	18131
client school district of each educational service center,	18132
pursuant to division (E) of section 3317.023 of the Revised Code,	18133
and pay to the service center an amount equal to six dollars and	18134
fifty cents times the school district's total student count. The	18135
board of education, or the superintendent acting on behalf of the	18136
board, of any local or client school district may agree to pay an	18137
amount in excess of six dollars and fifty cents per student in	18138
total student count. If a majority of the boards of education, or	18139
superintendents acting on behalf of the boards, of the local	18140
school districts within a service center's territory approve an	18141
amount in excess of six dollars and fifty cents per student in	18142
total student count, the department shall deduct the approved	18143
excess per student amount from all of the local school districts	18144
within the service center's territory and pay the excess amount to	18145
the service center.	18146

(D) The department shall pay each educational service center	18147
the amounts due to it from school districts pursuant to contracts,	18148
compacts, or agreements under which the service center furnishes	18149
services to the districts or their students. In order to receive	18150
payment under this division, an educational service center shall	18151
furnish either a copy of the contract, compact, or agreement	18152
clearly indicating the amounts of the payments, or a written	18153
statement that clearly indicates the payments owed and is signed	18154
by the superintendent or treasurer of the responsible school	18155
district. The amounts paid to service centers under this division	18156
shall be deducted from payments to school districts pursuant to	18157
division (K)(3) of section 3317.023 of the Revised Code.	18158

(E) Each school district's deduction under this section and	18159
divisions (E) and (K)(3) of section 3317.023 of the Revised Code	18160
shall be made from the total payment computed for the district	18161
under this chapter, after making any other adjustments in that	18162
payment required by law.	18163

(F)(1) Except as provided in division (F)(2) of this section,	18164
the department annually shall pay the governing board of each	18165
educational service center state funds equal to thirty-seven	18166
dollars times its service center ADM.	18167

(2) The department annually shall pay state funds equal to	18168
forty dollars and fifty-two cents times the service center ADM to	18169
each educational service center comprising territory that was	18170
included in the territory of at least three former service centers	18171
or county school districts, which former centers or districts	18172
engaged in one or more mergers under section 3311.053 of the	18173
Revised Code to form the present center.	18174

(G) Each city, exempted village, local, joint vocational, or	18175
cooperative education school district shall pay to the governing	18176
board of an educational service center any amounts agreed to for	18177
each child enrolled in the district who receives special education	18178
and related services or career-technical education from the	18179
educational service center, unless these educational services are	18180
provided pursuant to a contract, compact, or agreement for which	18181
the department deducts and transfers payments under division (D)	18182
of this section and division (K)(3) of section 3317.023 of the	18183
Revised Code.	18184

(H) An educational service center:

18185

(1) May provide special education and career-technical	18186
education to students in its local or client school districts;	18187

(2) Is eligible for transportation funding under division (J)	18188
of section 3317.024 of the Revised Code and for state subsidies	18189
for the purchase of school buses under section 3317.07 of the	18190
Revised Code;	18191

(3) May apply for and receive gifted education units and	18192
provide gifted education services to students in its local or	18193
client school districts;	18194

(4) May conduct driver education for high school students in	18195
accordance with Chapter 4508. of the Revised Code.	18196

Sec. 3317.16. (A) As used in this section:

18197

(1) "State share percentage" means the percentage calculated	18198
for a joint vocational school district as follows:	18199

(a) Calculate the state base cost funding amount for the	18200
district under division (B) of this section. If the district would	18201
not receive any base cost funding for that year under that	18202
division, the district's state share percentage is zero.	18203

(b) If the district would receive base cost funding under	18204
that division, divide that base cost amount by an amount equal to	18205
the following:	18206

cost-of-doing-business factor X

18207

the formula amount X

18208

~~the greater of formula ADM or~~

18209

~~three-year average formula ADM~~

18210

average daily attendance

18211

The resultant number is the district's state share	18212
percentage.	18213

(2) The "total special education weight" for a joint	18214
vocational school district shall be calculated in the same manner	18215
as prescribed in division (B)(1) of section 3317.022 of the	18216
Revised Code.	18217

(3) The "total vocational education weight" for a joint	18218
vocational school district shall be calculated in the same manner	18219
as prescribed in division (B)(4) of section 3317.022 of the	18220
Revised Code.	18221

(4) The "total recognized valuation" of a joint vocational	18222
school district shall be determined by adding the recognized	18223
valuations of all its constituent school districts for the	18224
applicable fiscal year.	18225

(5) "Resident district" means the city, local, or exempted	18226
village school district in which a student is entitled to attend	18227
school under section 3313.64 or 3313.65 of the Revised Code.	18228

(6) "Community school" means a community school established	18229
under Chapter 3314. of the Revised Code.	18230

(B) The department of education shall compute and distribute	18231
state base cost funding to each joint vocational school district	18232
for the fiscal year in accordance with the following formula:	18233

(cost-of-doing-business factor X

18234

formula amount X ~~the greater of formula~~

18235

~~ADM or three-year average formula ADM~~

18236

average daily attendance) -

18237

(.0005 X total recognized valuation)

18238

If the difference obtained under this division is a negative	18239
number, the district's computation shall be zero.	18240

(C)(1) The department shall compute and distribute state	18241
vocational education additional weighted costs funds to each joint	18242
vocational school district in accordance with the following	18243
formula:	18244

state share percentage X formula amount X

18245

total vocational education weight

18246

(2) The department shall compute for each joint vocational	18247
school district state funds for vocational education associated	18248
services costs in accordance with the following formula:	18249

state share percentage X .05 X

18250

the formula amount X the sum of

18251

categories one and two vocational

18252

education ADM

18253

In any fiscal year, a joint vocational school district	18254
receiving funds under division (C)(2) of this section, or through	18255
a transfer of funds pursuant to division (L) of section 3317.023	18256
of the Revised Code, shall spend those funds only for the purposes	18257
that the department designates as approved for vocational	18258
education associated services expenses, which may include such	18259
purposes as apprenticeship coordinators, coordinators for other	18260
vocational education services, vocational evaluation, and other	18261
purposes designated by the department. The department may deny	18262
payment under division (C)(2) of this section to any district that	18263
the department determines is not operating those services or is	18264
using funds paid under division (C)(2) of this section, or through	18265
a transfer of funds pursuant to division (L) of section 3317.023	18266
of the Revised Code, for other purposes.	18267

(D)(1) The department shall compute and distribute state	18268
special education and related services additional weighted costs	18269
funds to each joint vocational school district in accordance with	18270
the following formula:	18271

state share percentage X formula amount X	18272

total special education weight

18273

(2)(a) As used in this division, the "personnel allowance"	18274
means thirty thousand dollars in fiscal years 2002 ~~and~~, 2003,	18275
2004, and 2005.	18276

(b) For the provision of speech services to students,	18277
including students who do not have individualized education	18278
programs prepared for them under Chapter 3323. of the Revised	18279
Code, and for no other purpose, the department shall pay each	18280
joint vocational school district an amount calculated under the	18281
following formula:	18282

(formula ADM divided by 2000) X the personnel

18283

allowance X state share percentage

18284

(3) In any fiscal year, a joint vocational school district	18285
shall spend for purposes that the department designates as	18286
approved for special education and related services expenses at	18287
least the amount calculated as follows:	18288

(cost-of-doing-business factor X formula amount

18289

X the sum of categories one through

18290

six special education ADM) +

18291

(total special education weight X

18292

formula amount)

18293

The purposes approved by the department for special education	18294
expenses shall include, but shall not be limited to, compliance	18295
with state rules governing the education of handicapped children,	18296
providing services identified in a student's individualized	18297
education program as defined in section 3323.01 of the Revised	18298
Code, and the portion of the district's overall administrative and	18299
overhead costs that are attributable to the district's special	18300
education student population.	18301

The department shall require joint vocational school	18302
districts to report data annually to allow for monitoring	18303
compliance with division (D)(3) of this section. The department	18304
shall annually report to the governor and the general assembly the	18305
amount of money spent by each joint vocational school district for	18306
special education and related services.	18307

(E)~~(2)~~(1) If a joint vocational school district's costs for a	18308
fiscal year for a student in its categories ~~one~~two through six	18309
special education ADM exceed the threshold catastrophic cost for	18310
serving the student, as specified in division (C)(3)(b) of section	18311
3317.022 of the Revised Code, the district may submit to the	18312
superintendent of public instruction documentation, as prescribed	18313
by the superintendent, of all of its costs for that student. Upon	18314
submission of documentation for a student of the type and in the	18315
manner prescribed, the department shall pay to the district an	18316
amount equal to the sum of the following:	18317

(a) One-half of the district's costs for the student in	18318
excess of the threshold catastrophic cost;	18319

(b) The product of one-half of the district's costs for the	18320
student in excess of the threshold catastrophic cost multiplied by	18321
the district's state share percentage.	18322

(2) The district shall only report under division (E)(1) of	18323
this section, and the department shall only pay for, the costs of	18324
educational expenses and the related services provided to the	18325
student in accordance with the student's individualized education	18326
program. Any legal fees, court costs, or other costs associated	18327
with any cause of action relating to the student may not be	18328
included in the amount.	18329

(F) Each fiscal year, the department shall pay each joint	18330
vocational school district an amount for adult technical and	18331
vocational education and specialized consultants.	18332

(G)(1) A joint vocational school district's local share of	18333
special education and related services additional weighted costs	18334
equals:	18335

(1 - state share percentage) X	18336

Total special education weight X

18337

the formula amount

18338

(2) For each handicapped student receiving special education	18339
and related services under an individualized education program, as	18340
defined in section 3323.01 of the Revised Code, at a joint	18341
vocational district, the resident district or, if the student is	18342
enrolled in a community school, the community school shall be	18343
responsible for the amount of any costs of providing those special	18344
education and related services to that student that exceed the sum	18345
of the amount calculated for those services attributable to that	18346
student under divisions (B), (D), (E), and (G)(1) of this section.	18347

Those excess costs shall be calculated by subtracting the sum	18348
of the following from the actual cost to provide special education	18349
and related services to the student:	18350

(a) The product of the formula amount times the	18351
cost-of-doing-business factor;	18352

(b) The product of the formula amount times the applicable	18353
multiple specified in section 3317.013 of the Revised Code;	18354

(c) Any funds paid under division (E) of this section for the	18355
student;	18356

(d) Any other funds received by the joint vocational school	18357
district under this chapter to provide special education and	18358
related services to the student, not including the amount	18359
calculated under division (G)(2) of this section.	18360

(3) The board of education of the joint vocational school	18361
district shall report the excess costs calculated under division	18362
(G)(2) of this section to the department of education.	18363

(4) The department shall pay the amount of excess cost	18364
calculated under division (G)(2) of this section to the joint	18365
vocational school district and shall deduct that amount as	18366
provided in division (G)(4)(a) or (b) of this section, as	18367
applicable:	18368

(a) If the student is not enrolled in a community school, the	18369
department shall deduct the amount from the account of the	18370
student's resident district pursuant to division (M) of section	18371
3317.023 of the Revised Code.	18372

(b) If the student is enrolled in a community school, the	18373
department shall deduct the amount from the account of the	18374
community school pursuant to section 3314.083 of the Revised Code.	18375

(H) In any fiscal year, if the total of all payments made to	18376
a joint vocational school district under divisions (B) to (D) of	18377
this section and division (R) of section 3317.024 of the Revised	18378
Code is less than the amount that district received in fiscal year	18379
1999 under the version of this section in effect that year, plus	18380
the amount that district received under the version of section	18381
3317.162 of the Revised Code in effect that year and minus the	18382
amounts received that year for driver education and adult	18383
education, the department shall pay the district an additional	18384
amount equal to the difference between those two amounts.	18385

Sec. 3317.50. The ~~Ohio schoolnet~~ telecommunity education	18386
fund is hereby created in the state treasury. The fund shall	18387
consist of certain excess local exchange telephone company	18388
contributions transferred from the reserve fund of the Ohio	18389
telecommunications advisory board pursuant to an agreement between	18390
the public utilities commission of Ohio and the Ohio department of	18391
education. The fund shall be used to finance technology grants to	18392
state-chartered elementary and secondary schools. Investment	18393
earnings of the fund shall be credited to the fund.	18394

Sec. 3317.51. (A) The distance learning fund is hereby	18395
created in the state treasury. The fund shall consist of moneys	18396
paid to the ~~Ohio SchoolNet commission~~department of education by	18397
any telephone company as a part of a settlement agreement between	18398
such company and the public utilities commission in fiscal year	18399
1995 in part to establish distance learning throughout the state.	18400
The ~~authority~~department shall administer the fund and expend	18401
moneys from it to finance technology grants to eligible schools	18402
chartered by the state board of education to establish distance	18403
learning in those schools. Chartered schools are eligible for	18404
funds if they are within the service area of the telephone	18405
company. Investment earnings of the fund shall be credited to the	18406
fund.	18407

(B) For purposes of this section, "distance learning" means	18408
the creation of a learning environment involving a school setting	18409
and at least one other location outside of the school which allows	18410
for information available at one site to be accessed at the other	18411
through the use of such educational applications as one-way or	18412
two-way transmission of data, voice, and video, singularly or in	18413
appropriate combinations.	18414

Sec. 3318.34. The Ohio school facilities commission shall	18415
not release any state funds to a school district for a project	18416
under this chapter until the school district has complied with	18417
division (G) of section 3313.41 of the Revised Code.	18418

Sec. 3318.37. (A) As used in this section:

18419

(1) "Low wealth school district" means a school district in	18420
the first through fiftieth percentiles as determined under section	18421
3318.011 of the Revised Code.	18422

(2) A "school district with an exceptional need for immediate	18423
classroom facilities assistance" means a low wealth school	18424
district with an exceptional need for new facilities in order to	18425
protect the health and safety of all or a portion of its students.	18426
School districts reasonably expected to be eligible for state	18427
assistance under sections 3318.01 to 3318.20 of the Revised Code	18428
within three fiscal years after assistance under this section is	18429
being considered by the Ohio school facilities commission, and	18430
school districts that participate in the school building	18431
assistance expedited local partnership program under section	18432
3318.36 of the Revised Code shall not be eligible for assistance	18433
under this section.	18434

(B)(1) There is hereby established the exceptional needs	18435
school facilities assistance program. Under the program, the Ohio	18436
school facilities commission may set aside funds from the moneys	18437
annually appropriated to it for classroom facilities assistance	18438
projects ~~up to twenty-five per cent~~ for assistance to school	18439
districts with exceptional needs for immediate classroom	18440
facilities assistance.	18441

(2)(a) After consulting with education and construction	18442
experts, the commission shall adopt guidelines for identifying	18443
school districts with an exceptional need for immediate classroom	18444
facilities assistance.	18445

(b) The guidelines shall include application forms and	18446
instructions for school districts that believe they have an	18447
exceptional need for immediate classroom facilities assistance.	18448

(3) The commission shall evaluate the classroom facilities,	18449
and the need for replacement classroom facilities from the	18450
applications received under this section. The commission,	18451
utilizing the guidelines adopted under division (B)(2)(a) of this	18452
section, shall prioritize the school districts to be assessed.	18453

Notwithstanding section 3318.02 of the Revised Code, the	18454
commission may conduct on-site evaluation of the school districts	18455
prioritized under this section and approve and award funds until	18456
such time as all funds set aside under division (B)(1) of this	18457
section have been encumbered under section 3318.04 of the Revised	18458
Code.	18459

(4) Notwithstanding division (A) of section 3318.05 of the	18460
Revised Code, the school district's portion of the basic project	18461
cost under this section shall be the "required percentage of the	18462
basic project costs," as defined in division (K) of section	18463
3318.01 of the Revised Code.	18464

(5) Except as otherwise specified in this section, any	18465
project undertaken with assistance under this section shall comply	18466
with all provisions of sections 3318.01 to 3318.20 of the Revised	18467
Code. A school district may receive assistance under sections	18468
3318.01 to 3318.20 of the Revised Code for the remainder of the	18469
district's classroom facilities needs as assessed under this	18470
section when the district is eligible for such assistance pursuant	18471
to section 3318.02 of the Revised Code, but any classroom facility	18472
constructed with assistance under this section shall not be	18473
included in a district's project at that time unless the	18474
commission determines the district has experienced the increased	18475
enrollment specified in division (B)(1) of section 3318.04 of the	18476
Revised Code.	18477

Sec. 3319.01. Except in an island school district, where the	18478
superintendent of an educational service center otherwise may	18479
serve as superintendent of the district and except as otherwise	18480
provided for any cooperative education school district pursuant to	18481
division (B)(2) of section 3311.52 or division (B)(3) of section	18482
3311.521 of the Revised Code, the board of education in each	18483
school district and the governing board of each service center	18484
shall, at a regular or special meeting held not later than the	18485
first day of May of the calendar year in which the term of the	18486
superintendent expires, appoint a person possessed of the	18487
qualifications provided in this section to act as superintendent,	18488
for a term not longer than five years beginning the first day of	18489
August and ending on the thirty-first day of July. Such	18490
superintendent is, at the expiration of a current term of	18491
employment, deemed reemployed for a term of one year at the same	18492
salary plus any increments that may be authorized by the board,	18493
unless such board, on or before the first day of March of the year	18494
in which the contract of employment expires, either reemploys the	18495
superintendent for a succeeding term as provided in this section	18496
or gives to the superintendent written notice of its intention not	18497
to reemploy the superintendent. A superintendent may not be	18498
transferred to any other position during the term of the	18499
superintendent's employment or reemployment except by mutual	18500
agreement by the superintendent and the board. If a vacancy occurs	18501
in the office of superintendent, the board shall appoint a	18502
superintendent for a term not to exceed five years from the next	18503
preceding first day of August.	18504

~~Except as otherwise provided in this section, the employment~~	18505
~~or reemployment of a superintendent of a local school district~~	18506
~~shall be only upon the recommendation of the service center~~	18507
~~superintendent, except that a local board of education, by a~~	18508
~~three-fourths vote of its full membership, may, after considering~~	18509
~~two nominations for the position of local superintendent made by~~	18510
~~the service center superintendent, employ or reemploy a person not~~	18511
~~so nominated for such position.~~	18512

A board may at any regular or special meeting held during the	18513
period beginning on the first day of January of the calendar year	18514
immediately preceding the year the contract of employment of a	18515
superintendent expires and ending on the first day of March of the	18516
year it expires, reemploy such superintendent for a succeeding	18517
term for not longer than five years, beginning on the first day of	18518
August immediately following the expiration of the	18519
superintendent's current term of employment and ending on the	18520
thirty-first day of July of the year in which such succeeding term	18521
expires. No person shall be appointed to the office of	18522
superintendent of a city, or exempted village school district or a	18523
service center who does not hold a license designated for being a	18524
superintendent issued under section 3319.22 of the Revised Code,	18525
unless such person had been employed as a county, city, or	18526
exempted village superintendent prior to August 1, 1939. No person	18527
shall be appointed to the office of local superintendent who does	18528
not hold a license designated for being a superintendent issued	18529
under section 3319.22 of the Revised Code, unless such person held	18530
or was qualified to hold the position of executive head of a local	18531
school district on September 16, 1957. At the time of making such	18532
appointment or designation of term, such board shall fix the	18533
compensation of the superintendent, which may be increased or	18534
decreased during such term, provided such decrease is a part of a	18535
uniform plan affecting salaries of all employees of the district,	18536
and shall execute a written contract of employment with such	18537
superintendent.	18538

Each board shall adopt procedures for the evaluation of its	18539
superintendent and shall evaluate its superintendent in accordance	18540
with those procedures. An evaluation based upon such procedures	18541
shall be considered by the board in deciding whether to renew the	18542
superintendent's contract. The establishment of an evaluation	18543
procedure shall not create an expectancy of continued employment.	18544
Nothing in this section shall prevent a board from making the	18545
final determination regarding the renewal or failure to renew of a	18546
superintendent's contract.	18547

Termination of a superintendent's contract shall be pursuant	18548
to section 3319.16 of the Revised Code.	18549

A board may establish vacation leave for its superintendent.	18550
Upon the superintendent's separation from employment a board that	18551
has such leave may provide compensation at the superintendent's	18552
current rate of pay for all lawfully accrued and unused vacation	18553
leave to the superintendent's credit at the time of separation,	18554
not to exceed the amount accrued within three years before the	18555
date of separation. In case of the death of a superintendent, such	18556
unused vacation leave as the board would have paid to this	18557
superintendent upon separation shall be paid in accordance with	18558
section 2113.04 of the Revised Code, or to the superintendent's	18559
estate.	18560

The superintendent shall be the executive officer for the	18561
board. ~~Except as otherwise provided in this section for local~~	18562
~~school districts, the~~The superintendent shall direct and assign	18563
teachers and other employees of the district or service center,	18564
except as provided in section 3319.04 of the Revised Code; assign	18565
the pupils to the proper schools and grades, provided that the	18566
assignment of a pupil to a school outside of the pupil's district	18567
of residence is approved by the board of the district of residence	18568
of such pupil; and perform such other duties as the board	18569
determines. ~~The service center superintendent shall exercise the~~	18570
~~responsibilities of this section with regard to the assignment of~~	18571
~~pupils and teachers for local school districts under the~~	18572
~~supervision of the service center, except that the board of~~	18573
~~education of a local school district and the governing board of~~	18574
~~the educational service center of which the local district is a~~	18575
~~part may enter into an agreement requiring the local~~	18576
~~superintendent, instead of the superintendent of the educational~~	18577
~~service center, to exercise the responsibilities of this section~~	18578
~~with regard to the assignment of pupils and teachers for the local~~	18579
~~school district.~~	18580

The board of education of any school district may contract	18581
with the governing board of the educational service center from	18582
which it otherwise receives services to conduct searches and	18583
recruitment of candidates for the superintendent position	18584
authorized under this section.	18585

Sec. 3319.02. (A)(1) As used in this section, "other	18586
administrator" means ~~either~~any of the following:	18587

(a) Except as provided in division (A)(2) of this section,	18588
any employee in a position for which a board of education requires	18589
a license designated by rule of the department of education for	18590
being an administrator issued under section 3319.22 of the Revised	18591
Code, including a professional pupil services employee or	18592
administrative specialist or an equivalent of either one who is	18593
not employed as a school counselor and spends less than fifty per	18594
cent of the time employed teaching or working with students;	18595

(b) Any nonlicensed employee whose job duties enable such	18596
employee to be considered as either a "supervisor" or a	18597
"management level employee," as defined in section 4117.01 of the	18598
Revised Code;	18599

(c) A business manager appointed under section 3319.03 of the	18600
Revised Code.	18601

(2) As used in this section, "other administrator" does not	18602
include a superintendent, assistant superintendent, principal, or	18603
assistant principal.	18604

(B) The board of education of each school district and the	18605
governing board of an educational service center may appoint one	18606
or more assistant superintendents and such other administrators as	18607
are necessary. An assistant educational service center	18608
superintendent or service center supervisor employed on a	18609
part-time basis may also be employed by a local board as a	18610
teacher. The board of each city, exempted village, and local	18611
school district shall employ principals for all high schools and	18612
for such other schools as the board designates, and those boards	18613
may appoint assistant principals for any school that they	18614
designate.	18615

(C) In educational service centers and in city ~~and~~, exempted	18616
village, and local school districts, assistant superintendents,	18617
principals, assistant principals, and other administrators shall	18618
only be employed or reemployed in accordance with nominations of	18619
the superintendent, except that a ~~city or exempted village~~ board	18620
of education of a school district or the governing board of a	18621
service center, by a three-fourths vote of its full membership,	18622
may reemploy any assistant superintendent, principal, assistant	18623
principal, or other administrator whom the superintendent refuses	18624
to nominate. ~~In local school districts, assistant superintendents,~~	18625
~~principals, assistant principals, and other administrators shall~~	18626
~~only be employed or reemployed in accordance with nominations of~~	18627
~~the superintendent of the service center of which the local~~	18628
~~district is a part, except that a local board of education, by a~~	18629
~~three-fourths vote of its full membership, may reemploy any~~	18630
~~assistant superintendent, principal, assistant principal, or other~~	18631
~~administrator whom such superintendent refuses to nominate.~~	18632

The board of education or governing board shall execute a	18633
written contract of employment with each assistant superintendent,	18634
principal, assistant principal, and other administrator it employs	18635
or reemploys. The term of such contract shall not exceed three	18636
years except that in the case of a person who has been employed as	18637
an assistant superintendent, principal, assistant principal, or	18638
other administrator in the district or center for three years or	18639
more, the term of the contract shall be for not more than five	18640
years and, unless the superintendent of the district recommends	18641
otherwise, not less than two years. If the superintendent so	18642
recommends, the term of the contract of a person who has been	18643
employed by the district or service center as an assistant	18644
superintendent, principal, assistant principal, or other	18645
administrator for three years or more may be one year, but all	18646
subsequent contracts granted such person shall be for a term of	18647
not less than two years and not more than five years. When a	18648
teacher with continuing service status becomes an assistant	18649
superintendent, principal, assistant principal, or other	18650
administrator with the district or service center with which the	18651
teacher holds continuing service status, the teacher retains such	18652
status in the teacher's nonadministrative position as provided in	18653
sections 3319.08 and 3319.09 of the Revised Code.	18654

A board of education or governing board may reemploy an	18655
assistant superintendent, principal, assistant principal, or other	18656
administrator at any regular or special meeting held during the	18657
period beginning on the first day of January of the calendar year	18658
immediately preceding the year of expiration of the employment	18659
contract and ending on the last day of March of the year the	18660
employment contract expires.	18661

Except by mutual agreement of the parties thereto, no	18662
assistant superintendent, principal, assistant principal, or other	18663
administrator shall be transferred during the life of a contract	18664
to a position of lesser responsibility. No contract may be	18665
terminated by a board except pursuant to section 3319.16 of the	18666
Revised Code. No contract may be suspended except pursuant to	18667
section 3319.17 or 3319.171 of the Revised Code. The salaries and	18668
compensation prescribed by such contracts shall not be reduced by	18669
a board unless such reduction is a part of a uniform plan	18670
affecting the entire district or center. The contract shall	18671
specify the employee's administrative position and duties as	18672
included in the job description adopted under division (D) of this	18673
section, the salary and other compensation to be paid for	18674
performance of duties, the number of days to be worked, the number	18675
of days of vacation leave, if any, and any paid holidays in the	18676
contractual year.	18677

An assistant superintendent, principal, assistant principal,	18678
or other administrator is, at the expiration of the current term	18679
of employment, deemed reemployed at the same salary plus any	18680
increments that may be authorized by the board, unless such	18681
employee notifies the board in writing to the contrary on or	18682
before the first day of June, or unless such board, on or before	18683
the last day of March of the year in which the contract of	18684
employment expires, either reemploys such employee for a	18685
succeeding term or gives written notice of its intention not to	18686
reemploy the employee. The term of reemployment of a person	18687
reemployed under this paragraph shall be one year, except that if	18688
such person has been employed by the school district or service	18689
center as an assistant superintendent, principal, assistant	18690
principal, or other administrator for three years or more, the	18691
term of reemployment shall be two years.	18692

(D)(1) Each board shall adopt procedures for the evaluation	18693
of all assistant superintendents, principals, assistant	18694
principals, and other administrators and shall evaluate such	18695
employees in accordance with those procedures. The evaluation	18696
based upon such procedures shall be considered by the board in	18697
deciding whether to renew the contract of employment of an	18698
assistant superintendent, principal, assistant principal, or other	18699
administrator.	18700

(2) The evaluation shall measure each assistant	18701
superintendent's, principal's, assistant principal's, and other	18702
administrator's effectiveness in performing the duties included in	18703
the job description and the evaluation procedures shall provide	18704
for, but not be limited to, the following:	18705

(a) Each assistant superintendent, principal, assistant	18706
principal, and other administrator shall be evaluated annually	18707
through a written evaluation process.	18708

(b) The evaluation shall be conducted by the superintendent	18709
or designee.	18710

(c) In order to provide time to show progress in correcting	18711
the deficiencies identified in the evaluation process, the	18712
evaluation process shall be completed as follows:	18713

(i) In any school year that the employee's contract of	18714
employment is not due to expire, at least one evaluation shall be	18715
completed in that year. A written copy of the evaluation shall be	18716
provided to the employee no later than the end of the employee's	18717
contract year as defined by the employee's annual salary notice.	18718

(ii) In any school year that the employee's contract of	18719
employment is due to expire, at least a preliminary evaluation and	18720
at least a final evaluation shall be completed in that year. A	18721
written copy of the preliminary evaluation shall be provided to	18722
the employee at least sixty days prior to any action by the board	18723
on the employee's contract of employment. The final evaluation	18724
shall indicate the superintendent's intended recommendation to the	18725
board regarding a contract of employment for the employee. A	18726
written copy of the evaluation shall be provided to the employee	18727
at least five days prior to the board's acting to renew or not	18728
renew the contract.	18729

(3) Termination of an assistant superintendent, principal,	18730
assistant principal, or other administrator's contract shall be	18731
pursuant to section 3319.16 of the Revised Code. Suspension of any	18732
such employee shall be pursuant to section 3319.17 or 3319.171 of	18733
the Revised Code.	18734

(4) Before taking action to renew or nonrenew the contract of	18735
an assistant superintendent, principal, assistant principal, or	18736
other administrator under this section and prior to the last day	18737
of March of the year in which such employee's contract expires,	18738
the board shall notify each such employee of the date that the	18739
contract expires and that the employee may request a meeting with	18740
the board. Upon request by such an employee, the board shall grant	18741
the employee a meeting in executive session. In that meeting, the	18742
board shall discuss its reasons for considering renewal or	18743
nonrenewal of the contract. The employee shall be permitted to	18744
have a representative, chosen by the employee, present at the	18745
meeting.	18746

(5) The establishment of an evaluation procedure shall not	18747
create an expectancy of continued employment. Nothing in division	18748
(D) of this section shall prevent a board from making the final	18749
determination regarding the renewal or nonrenewal of the contract	18750
of any assistant superintendent, principal, assistant principal,	18751
or other administrator. However, if a board fails to provide	18752
evaluations pursuant to division (D)(2)(c)(i) or (ii) of this	18753
section, or if the board fails to provide at the request of the	18754
employee a meeting as prescribed in division (D)(4) of this	18755
section, the employee automatically shall be reemployed at the	18756
same salary plus any increments that may be authorized by the	18757
board for a period of one year, except that if the employee has	18758
been employed by the district or service center as an assistant	18759
superintendent, principal, assistant principal, or other	18760
administrator for three years or more, the period of reemployment	18761
shall be for two years.	18762

(E) On nomination of the superintendent of a service center a	18763
governing board may employ supervisors who shall be employed under	18764
written contracts of employment for terms not to exceed five years	18765
each. Such contracts may be terminated by a governing board	18766
pursuant to section 3319.16 of the Revised Code. Any supervisor	18767
employed pursuant to this division may terminate the contract of	18768
employment at the end of any school year after giving the board at	18769
least thirty days' written notice prior to such termination. On	18770
the recommendation of the superintendent the contract or contracts	18771
of any supervisor employed pursuant to this division may be	18772
suspended for the remainder of the term of any such contract	18773
pursuant to section 3319.17 or 3319.171 of the Revised Code.	18774

(F) A board may establish vacation leave for any individuals	18775
employed under this section. Upon such an individual's separation	18776
from employment, a board that has such leave may compensate such	18777
an individual at the individual's current rate of pay for all	18778
lawfully accrued and unused vacation leave credited at the time of	18779
separation, not to exceed the amount accrued within three years	18780
before the date of separation. In case of the death of an	18781
individual employed under this section, such unused vacation leave	18782
as the board would have paid to the individual upon separation	18783
under this section shall be paid in accordance with section	18784
2113.04 of the Revised Code, or to the estate.	18785

(G) The board of education of any school district may	18786
contract with the governing board of the educational service	18787
center from which it otherwise receives services to conduct	18788
searches and recruitment of candidates for assistant	18789
superintendent, principal, assistant principal, and other	18790
administrator positions authorized under this section.	18791

Sec. 3319.03. The board of education of each city, exempted	18792
village, and local school district may create the position of	18793
business manager. The board shall ~~elect~~appoint such business	18794
manager who shall serve ~~for a term not to exceed four years unless~~	18795
~~earlier removed for cause~~pursuant to a contract in accordance	18796
with section 3319.02 of the Revised Code. ~~A vacancy in this office~~	18797
~~shall be filled only for the unexpired term thereof.~~ In the	18798
discharge of all ~~his~~official duties, the business manager may be	18799
directly responsible to the board, or to the superintendent of	18800
schools, as the board directs at the time of ~~election~~appointment	18801
to the position. Where such business manager is responsible to the	18802
superintendent hethe business manager shall be appointed by the	18803
superintendent and confirmed by the board.	18804

No board of education shall ~~elect~~appoint or confirm as	18805
business manager any person who does not hold a valid business	18806
manager's license issued under section 3301.074 of the Revised	18807
Code. If the business manager fails to maintain a valid license,	18808
hethe business manager shall be removed by the board.	18809

Sec. 3319.07. (A) The board of education of each city,	18810
exempted village, ~~and~~ local, and joint vocational school district	18811
shall employ the teachers of the public schools of their	18812
respective districts.	18813

The governing board of each educational service center may	18814
employ special instruction teachers, special education teachers,	18815
and teachers of academic courses in which there are too few	18816
students in each of the constituent local school districts or in	18817
city or exempted village school districts entering into agreements	18818
pursuant to section 3313.843 of the Revised Code to warrant each	18819
district's employing teachers for those courses.	18820

When any board makes appointments of teachers, the teachers	18821
in the employ of the board shall be considered before new teachers	18822
are chosen in their stead. In ~~city, exempted village, and joint~~	18823
~~vocational~~all school districts and in service centers no teacher	18824
shall be employed unless such person is nominated by the	18825
superintendent of such district or center. Such board, by a	18826
three-fourths vote of its full membership, may re-employ any	18827
teacher whom the superintendent refuses to appoint. ~~In local~~	18828
~~school districts, no teacher shall be employed, except as provided~~	18829
~~in division (B) of this section, unless nominated by the~~	18830
~~superintendent of the service center of which such local school~~	18831
~~district is a part; by a majority vote of the full membership of~~	18832
~~such board, the board of education of any local school district~~	18833
~~may, after considering two nominations for any position made by~~	18834
~~the service center superintendent, reemploy a person not so~~	18835
~~nominated for such position.~~	18836

(B) The board of education of ~~a local~~any school district ~~and~~	18837
~~the board of education of the county school district of which the~~	18838
~~local district is a part may enter into an agreement authorizing~~	18839
~~the superintendent of the local district, in lieu of the~~	18840
~~superintendent of the county district, to make nominations under~~	18841
~~this section for the employment of teachers in the local district.~~	18842
~~While such an agreement is in effect the board of education of the~~	18843
~~local district shall not employ any teacher unless the person is~~	18844
~~nominated by the superintendent of the district except that, by a~~	18845
~~three-fourths vote of its full membership, it may re-employ any~~	18846
~~teacher whom the superintendent refuses to nominate~~may contract	18847
with the governing board of the educational service center from	18848
which it otherwise receives services to conduct searches and	18849
recruitment of candidates for teacher positions.	18850

Sec. 3319.19. (A) Except as provided in division (D) of this	18851
section or division (A)(2) of section 3313.37 of the Revised Code,	18852
upon request, the board of county commissioners shall provide and	18853
equip offices in the county for the use of the superintendent of	18854
an educational service center, and shall provide heat, light,	18855
water, and janitorial services for such offices. Such offices	18856
shall be the permanent headquarters of the superintendent and	18857
shall be used by the governing board of the service center when it	18858
is in session. Except as provided in division (B) of this section,	18859
such offices shall be located in the county seat or, upon the	18860
approval of the governing board, may be located outside of the	18861
county seat.	18862

(B) In the case of a service center formed under section	18863
3311.053 of the Revised Code, the governing board shall designate	18864
the site of its offices. Except as provided in division (D) of	18865
this section or division (A)(2) of section 3313.37 of the Revised	18866
Code, the board of county commissioners of the county in which the	18867
designated site is located shall provide and equip the offices as	18868
under division (A) of this section, but the costs of such offices	18869
and equipment shall be apportioned among the boards of county	18870
commissioners of all counties having any territory in the area	18871
under the control of the governing board, according to the	18872
proportion of local school district pupils under the supervision	18873
of such board residing in the respective counties. Where there is	18874
a dispute as to the amount any board of county commissioners is	18875
required to pay, the probate judge of the county in which the	18876
greatest number of pupils under the supervision of the governing	18877
board reside shall apportion such costs among the boards of county	18878
commissioners and notify each such board of its share of the	18879
costs.	18880

(C) ~~Not~~As used in division (C) of this section, in the case	18881
of a building, facility, or office space that a board of county	18882
commissioners leases or rents, "actual cost per square foot" means	18883
all cost on a per square foot basis incurred by the board under	18884
the lease or rental agreement. In the case of a building,	18885
facility, or office space that the board owns in fee simple,	18886
"actual cost per square foot" means the fair rental value on a per	18887
square foot basis of the building, facility, or office space	18888
either as compared to a similarly situated building, facility, or	18889
office space in the general vicinity or as calculated under a	18890
formula that accounts for depreciation, amortization of	18891
improvements, and other reasonable factors, including, but not	18892
limited to, parking space and other amenities.	18893

Not later than the thirty-first day of March of 2002, 2003,	18894
2004, and 2005 a board of county commissioners required to provide	18895
or equip offices pursuant to division (A) or (B) of this section	18896
shall make a written estimate of the total cost it will incur for	18897
the ensuing fiscal year to provide and equip the offices and to	18898
provide heat, light, water, and janitorial services for such	18899
offices. The total estimate of cost shall include:	18900

(1) The total square feet of space to be utilized by the	18901
educational service center;	18902

(2) The total square feet of any common areas that should be	18903
reasonably allocated to the center and the methodology for making	18904
this allocation;	18905

(3) The actual cost per square foot for both the space	18906
utilized by and the common area allocated to the center;	18907

(4) An explanation of the methodology used to determine the	18908
actual cost per square foot ~~cost~~;	18909

(5) The estimated cost of providing heat, light, and water,	18910
including an explanation of how these costs were determined;	18911

(6) The estimated cost of providing janitorial services	18912
including an explanation of the methodology used to determine this	18913
cost;	18914

(7) Any other estimated costs that the board anticipates it	18915
will occur and a detailed explanation of the costs and the	18916
rationale used to determine such costs.	18917

A copy of the total estimate of costs under this division	18918
shall be sent to the superintendent of the educational service	18919
center not later than the fifth day of April. The superintendent	18920
shall review the total estimate and shall notify the board of	18921
county commissioners not later than twenty days after receipt of	18922
the estimate of either agreement with the estimate or any specific	18923
objections to the estimates and the reasons for the objections. If	18924
the superintendent agrees with the estimate, it shall become the	18925
final total estimate of cost. Failure of the superintendent to	18926
make objections to the estimate by the twentieth day after receipt	18927
of it shall be deemed to mean that the superintendent is in	18928
agreement with the estimate.	18929

If the superintendent provides specific objections to the	18930
board of county commissioners, the board shall review the	18931
objections and may modify the original estimate and shall send a	18932
revised total estimate to the superintendent within ten days after	18933
the receipt of the superintendent's objections. The superintendent	18934
shall respond to the revised estimate within ten days after its	18935
receipt. If the superintendent agrees with it, it shall become the	18936
final total estimated cost. If the superintendent fails to respond	18937
within the required time, the superintendent shall be deemed to	18938
have agreed with the revised estimate. If the superintendent	18939
disagrees with the revised estimate, the superintendent shall send	18940
specific objections to the county commissioners.	18941

If a superintendent has sent specific objections to the	18942
revised estimate within the required time, the probate judge of	18943
the county which has the greatest number of resident local school	18944
district pupils under the supervision of the educational service	18945
center shall determine the final estimated cost and certify this	18946
amount to the superintendent and the board of county commissioners	18947
prior to the first day of July.	18948

(D)(1) A board of county commissioners shall be responsible	18949
for the following percentages of the final total estimated cost	18950
established by division (C) of this section:	18951

(a) Eighty per cent for fiscal year 2003;

18952

(b) Sixty per cent for fiscal year 2004;

18953

18954

(d) Twenty per cent for fiscal year 2006.

18955

In fiscal years 2003, 2004, 2005, and 2006 the educational	18956
service center shall be responsible for the remainder of any costs	18957
in excess of the amounts specified in division (D)(1)(a),(b), or	18958
(c), or (d) of this section, as applicable, associated with the	18959
provision and equipment of offices for the educational service	18960
center and for provision of heat, light, water, and janitorial	18961
services for such offices, including any unanticipated or	18962
unexpected increases in the costs beyond the final estimated cost	18963
amount.	18964

Beginning in fiscal year 2007, no board of county	18965
commissioners shall have any obligation to provide and equip	18966
offices for an educational service center or to provide heat,	18967
light, water, or janitorial services for such offices.	18968

(2) Nothing in this section shall prohibit the board of	18969
county commissioners and the governing board of an educational	18970
service center from entering into a contract for providing and	18971
equipping offices for the use of an educational service center and	18972
for providing heat, light, water, and janitorial services for such	18973
offices. The term of any such contract shall not exceed a period	18974
of four years and may be renewed for additional periods not to	18975
exceed four years. Any such contract shall supersede the	18976
provisions of division (D)(1) of this section and no educational	18977
service center may be charged, at any time, any additional amount	18978
for the county's provision of an office and equipment, heat,	18979
light, water, and janitorial services beyond the amount specified	18980
in such contract.	18981

(3) No contract entered into under division (D)(2) of this	18982
section in any year prior to fiscal year 2007 between an	18983
educational service center formed under section 3311.053 of the	18984
Revised Code and the board of county commissioners required to	18985
provide and equip its office pursuant to division (B) of this	18986
section shall take effect unless the boards of county	18987
commissioners of all other counties required to participate in the	18988
funding for such offices pursuant to division (B) of this section	18989
adopt resolutions approving the contract.	18990

Sec. 3319.22. (A) The state board of education shall adopt	18991
rules establishing the standards and requirements for obtaining	18992
temporary, associate, provisional, and professional educator	18993
licenses of any categories, types, and levels the board elects to	18994
provide. However, no educator license shall be required for	18995
teaching children two years old or younger.	18996

(B) Any rules the state board of education adopts, amends, or	18997
rescinds for educator licenses under this section, division (D) of	18998
section 3301.07 of the Revised Code, or any other law shall be	18999
adopted, amended, or rescinded under Chapter 119. of the Revised	19000
Code except as follows:	19001

(1) Notwithstanding division (D) of section 119.03 and	19002
division (A)(1) of section 119.04 of the Revised Code, the	19003
effective date of any rules, or amendment or rescission of any	19004
rules, shall not be as prescribed in division (D) of section	19005
119.03 and division (A)(1) of section 119.04 of the Revised Code.	19006
Instead, the effective date shall be the date prescribed by	19007
section 3319.23 of the Revised Code.	19008

(2) Notwithstanding the authority to adopt, amend, or rescind	19009
emergency rules in division (F) of section 119.03 of the Revised	19010
Code, this authority shall not apply to the state board of	19011
education with regard to rules for educator licenses.	19012

(C)(1) The rules adopted under this section establishing	19013
standards requiring additional coursework for the renewal of any	19014
educator license shall require a school district and a chartered	19015
nonpublic school to establish local professional development	19016
committees. In a nonpublic school, the chief administrative	19017
officer shall establish the committees in any manner acceptable to	19018
such officer. The committees established under this division shall	19019
determine whether coursework that a district or chartered	19020
nonpublic school teacher proposes to complete meets the	19021
requirement of the rules. The rules shall establish a procedure by	19022
which a teacher may appeal the decision of a local professional	19023
development committee.	19024

(2) In any school district in which there is no exclusive	19025
representative established under Chapter 4117. of the Revised	19026
Code, the professional development committees shall be established	19027
as described in division (C)(2) of this section.	19028

Not later than the effective date of the rules adopted under	19029
this section, the board of education of each school district shall	19030
establish the structure for one or more local professional	19031
development committees to be operated by such school district. The	19032
committee structure so established by a district board shall	19033
remain in effect unless within thirty days prior to an anniversary	19034
of the date upon which the current committee structure was	19035
established, the board provides notice to all affected district	19036
employees that the committee structure is to be modified.	19037
Professional development committees may have a district-level or	19038
building-level scope of operations, and may be established with	19039
regard to particular grade or age levels for which an educator	19040
license is designated.	19041

Each professional development committee shall consist of at	19042
least three classroom teachers employed by the district, one	19043
principal employed by the district, and one other employee of the	19044
district appointed by the district superintendent. For committees	19045
with a building-level scope, the teacher and principal members	19046
shall be assigned to that building, and the teacher members shall	19047
be elected by majority vote of the classroom teachers assigned to	19048
that building. For committees with a district-level scope, the	19049
teacher members shall be elected by majority vote of the classroom	19050
teachers of the district, and the principal member shall be	19051
elected by a majority vote of the principals of the district,	19052
unless there are two or fewer principals employed by the district,	19053
in which case the one or two principals employed shall serve on	19054
the committee. If a committee has a particular grade or age level	19055
scope, the teacher members shall be licensed to teach such grade	19056
or age levels, and shall be elected by majority vote of the	19057
classroom teachers holding such a license and the principal shall	19058
be elected by all principals serving in buildings where any such	19059
teachers serve. The district superintendent shall appoint a	19060
replacement to fill any vacancy that occurs on a professional	19061
development committee, except in the case of vacancies among the	19062
elected classroom teacher members, which shall be filled by vote	19063
of the remaining members of the committee so selected.	19064

Terms of office on professional development committees shall	19065
be prescribed by the district board establishing the committees.	19066
The conduct of elections for members of professional development	19067
committees shall be prescribed by the district board establishing	19068
the committees. A professional development committee may include	19069
additional members, except that the majority of members on each	19070
such committee shall be classroom teachers employed by the	19071
district. Any member appointed to fill a vacancy occurring prior	19072
to the expiration date of the term for which a predecessor was	19073
appointed shall hold office as a member for the remainder of that	19074
term.	19075

The initial meeting of any professional development	19076
committee, upon election and appointment of all committee members,	19077
shall be called by a member designated by the district	19078
superintendent. At this initial meeting, the committee shall	19079
select a chairperson and such other officers the committee deems	19080
necessary, and shall adopt rules for the conduct of its meetings.	19081
Thereafter, the committee shall meet at the call of the	19082
chairperson or upon the filing of a petition with the district	19083
superintendent signed by a majority of the committee members	19084
calling for the committee to meet.	19085

(3) In the case of a school district in which an exclusive	19086
representative has been established pursuant to Chapter 4117. of	19087
the Revised Code, professional development committees shall be	19088
established in accordance with any collective bargaining agreement	19089
in effect in the district that includes provisions for such	19090
committees.	19091

If the collective bargaining agreement does not specify a	19092
different method for the selection of teacher members of the	19093
committees, the exclusive representative of the district's	19094
teachers shall select the teacher members.	19095

If the collective bargaining agreement does not specify a	19096
different structure for the committees, the board of education of	19097
the school district shall establish the structure, including the	19098
number of committees and the number of teacher and administrative	19099
members on each committee; the specific administrative members to	19100
be part of each committee; whether the scope of the committees	19101
will be district levels, building levels, or by type of grade or	19102
age levels for which educator licenses are designated; the lengths	19103
of terms for members; the manner of filling vacancies on the	19104
committees; and the frequency and time and place of meetings.	19105
However, in all cases, except as provided in division (C)(4) of	19106
this section, there shall be a majority of teacher members of any	19107
professional development committee, there shall be at least five	19108
total members of any professional development committee, and the	19109
exclusive representative shall designate replacement members in	19110
the case of vacancies among teacher members, unless the collective	19111
bargaining agreement specifies a different method of selecting	19112
such replacements.	19113

(4) Whenever an administrator's coursework plan is being	19114
discussed or voted upon, the local professional development	19115
committee shall, at the request of one of its administrative	19116
members, cause a majority of the committee to consist of	19117
administrative members by reducing the number of teacher members	19118
voting on the plan.	19119

(D)(1) The department of education, educational service	19120
centers, county boards of mental retardation and developmental	19121
disabilities, ~~regional professional development centers,~~ special	19122
education regional resource centers, college and university	19123
departments of education, head start programs, ~~the Ohio SchoolNet~~	19124
~~commission,~~ and the Ohio education computer network may establish	19125
local professional development committees to determine whether the	19126
coursework proposed by their employees who are licensed or	19127
certificated under this section or section 3319.222 of the Revised	19128
Code meet the requirements of the rules adopted under this	19129
section. They may establish local professional development	19130
committees on their own or in collaboration with a school district	19131
or other agency having authority to establish them.	19132

Local professional development committees established by	19133
county boards of mental retardation and developmental disabilities	19134
shall be structured in a manner comparable to the structures	19135
prescribed for school districts in divisions (C)(2) and (3) of	19136
this section, as shall the committees established by any other	19137
entity specified in division (D)(1) of this section that provides	19138
educational services by employing or contracting for services of	19139
classroom teachers licensed or certificated under this section or	19140
section 3319.222 of the Revised Code. All other entities specified	19141
in division (D)(1) of this section shall structure their	19142
committees in accordance with guidelines which shall be issued by	19143
the state board.	19144

(2) Any public agency that is not specified in division	19145
(D)(1) of this section but provides educational services and	19146
employs or contracts for services of classroom teachers licensed	19147
or certificated under this section or section 3319.222 of the	19148
Revised Code may establish a local professional development	19149
committee, subject to the approval of the department of education.	19150
The committee shall be structured in accordance with guidelines	19151
issued by the state board.	19152

Sec. 3319.227. Notwithstanding any provision to the contrary	19153
in this chapter or in any educator licensing rule adopted by the	19154
state board of education under authority granted under this	19155
chapter, any individual who holds an educator license issued under	19156
section 3319.22 of the Revised Code or a teacher's certificate	19157
issued under former section 3319.22 of the Revised Code that has	19158
continuing effect under section 3319.222 of the Revised Code may	19159
be employed to teach for up to two school years in a grade level	19160
or in a subject or teaching area for which the individual's	19161
license or certificate is not valid, as long as the individual	19162
agrees that during that time the individual will enroll in,	19163
attend, and complete coursework required by rule of the state	19164
board for licensure to teach in that grade level or in that	19165
subject or teaching area. The necessary coursework may be	19166
completed through classes developed and offered by regional	19167
professional development providers, such as special education	19168
regional resource centers, ~~regional professional development~~	19169
~~centers,~~ educational service centers, local education agencies,	19170
professional organizations, and institutions of higher education,	19171
provided the coursework is taken for credit in collaboration with	19172
a college or university that has a teacher education program	19173
approved by the state board. No person shall teach in a grade	19174
level or subject or teaching area under this section beyond two	19175
years until the person has completed all coursework and tests	19176
prescribed by the state board for licensure in that grade level or	19177
subject or teaching area.	19178

Sec. 3319.235. (A) The standards for the preparation of	19179
teachers adopted under section 3319.23 of the Revised Code shall	19180
require any institution that provides a course of study for the	19181
training of teachers to ensure that graduates of such course of	19182
study are skilled at integrating educational technology in the	19183
instruction of children, as evidenced by the graduate having	19184
either demonstrated proficiency in such skills in a manner	19185
prescribed by the department of education or completed a course	19186
that includes training in such skills.	19187

(B) The ~~Ohio SchoolNet commission, established pursuant to~~	19188
~~section 3301.80 of the Revised Code,~~department shall establish	19189
model professional development programs to assist teachers who	19190
completed their teacher preparation prior to the effective date of	19191
division (A) of this section to become skilled at integrating	19192
educational technology in the instruction of children. The	19193
~~commission~~department shall provide technical assistance to school	19194
districts wishing to establish such programs.	19195

Sec. 3319.302. It is the intent of the general assembly that	19196
the state board of education shall administer this section without	19197
adopting any rules for its implementation.	19198

Unless the provisions of division (B) or (C) of section	19199
3319.31 of the Revised Code apply to an applicant, the state board	19200
of education shall issue a one-year conditional teaching permit	19201
for teaching in grades seven to twelve to any applicant who meets	19202
the following conditions:	19203

(A) Holds a bachelor's degree;

19204

(B) Has successfully completed a basic skills test as	19205
prescribed by the state board;	19206

(C) Has completed either as part of the applicant's degree	19207
program or separate from it the equivalent of at least fifteen	19208
semester hours of coursework in the teaching area or subject area	19209
in which licensure under this section is sought;	19210

(D) Has completed the equivalent of a total of six semester	19211
hours of additional coursework within the past five years with a	19212
grade point average of at least 2.5 out of 4.0, or its equivalent,	19213
in the areas of the teaching or subject area described in division	19214
(C) of this section, characteristics of student learning,	19215
diversity of learners, planning for instruction, instruction	19216
strategies, learning environments, communication, assessment, or	19217
student support and that coursework has been approved by the	19218
school district, community school, chartered nonpublic school, or	19219
nonprofit or for-profit entity operating an alternative school	19220
under section 3313.533 of the Revised Code that will employ the	19221
applicant. The coursework may have been completed through classes	19222
developed and offered by regional professional development	19223
providers, such as special education regional resource centers,	19224
~~regional professional development centers,~~ educational service	19225
centers, local educational agencies, professional organizations,	19226
and institutions of higher education, provided the coursework is	19227
taken for credit in collaboration with a college or university	19228
that has a teacher education program approved by the state board.	19229

(E) The applicant has entered into a written agreement with	19230
the school district; community school; chartered nonpublic school;	19231
or nonprofit or for profit entity operating an alternative school	19232
under section 3313.533 of the Revised Code that will employ the	19233
applicant and the department of education under which the	19234
district, school, or entity will provide for the applicant a	19235
structured mentoring program in the areas listed in division (D)	19236
of this section that is aligned with the performance expectations	19237
prescribed by state board rule for entry-year teachers.	19238

(F) The applicant agrees to complete while employed under the	19239
one-year teaching permit the equivalent of an additional three	19240
semester hours of coursework in the teaching area or subject area	19241
in which the individual is teaching and for which the individual	19242
will seek an alternative educator license pursuant to division (G)	19243
of this section. The individual's mentor prescribed in division	19244
(E) of this section shall assist the individual in selecting	19245
coursework to satisfy the requirement prescribed in this division.	19246
The coursework may be completed through classes offered by	19247
regional professional development providers, such as special	19248
education regional resource centers, ~~regional professional~~	19249
~~development centers,~~ educational service centers, local	19250
educational agencies, professional organizations, and institutions	19251
of higher education, if the coursework is taken for credit in	19252
collaboration with a college or university that has a teacher	19253
education program approved by the state board.	19254

(G) The applicant agrees to seek at the conclusion of the	19255
year in which the individual is employed under the one-year	19256
teaching permit issued under this section an alternative educator	19257
license issued under section 3319.26 of the Revised Code in the	19258
teaching area or subject area in which the individual has been	19259
teaching and plans to continue to teach. The applicant shall not	19260
be reemployed by the school district; community school; chartered	19261
nonpublic school; or nonprofit or for profit entity operating an	19262
alternative school under section 3313.533 of the Revised Code or	19263
be employed by another such district, school, or entity unless	19264
that alternative educator license is issued to the applicant prior	19265
to the beginning of the next school year.	19266

(H) The applicant pays the fee established under section	19267
3319.51 of the Revised Code.	19268

Sec. 3319.33. On or before the first day of August in each	19269
year, the board of education of each city ~~and~~, exempted village,	19270
and local school district shall report to the state board of	19271
education~~, and the board of each local school district shall~~	19272
~~report to the superintendent of the educational service center,~~	19273
the school statistics of its district. Such report shall be made	19274
on forms furnished by the state board of education and shall	19275
contain such information as the state board of education requires.	19276
The report shall also set forth with respect to each civil	19277
proceeding in which the board of education is a defendant and each	19278
civil proceeding in which the board of education is a party and is	19279
not a defendant and in which one of the other parties is a board	19280
of education in this state or an officer, board, or official of	19281
this state:	19282

(A) The nature of the proceeding;

19283

(B) The capacity in which the board is a party to the	19284
proceeding;	19285

(C) The total expenses incurred by the board with respect to	19286
the proceeding;	19287

(D) The total expenses incurred by the board with respect to	19288
the proceeding during the reporting period.	19289

Divisions (A) to (D) of this section do not apply to any	19290
proceeding for which no expenses have been incurred during the	19291
reporting period.	19292

The board of education of each city ~~and~~, exempted village,	19293
and local school district may prepare and publish annually a	19294
report of the condition and administration of the schools under	19295
its supervision which shall include therein an exhibit of the	19296
financial affairs of the district and the information required in	19297
divisions (A) to (D) of this section. Such annual report shall be	19298
for a full year.	19299

Sec. 3319.36. (A) No treasurer of a board of education or	19300
educational service center shall draw a check for the payment of a	19301
teacher for services until the teacher files with the treasurer	19302
both of the following:	19303

(1) Such reports as are required by the state board of	19304
education, the school district board of education, or the	19305
superintendent of schools;	19306

(2) Except for a teacher who is engaged pursuant to section	19307
3319.301 of the Revised Code ~~and except as provided under division~~	19308
~~(B) of this section~~, a written statement from the city or,	19309
exempted village, or local school district superintendent or the	19310
educational service center superintendent that the teacher has	19311
filed with the treasurer a legal educator license or internship	19312
certificate, or true copy of it, to teach the subjects or grades	19313
taught, with the dates of its validity. The state board of	19314
education shall prescribe the record and administration for such	19315
filing of educator licenses and internship certificates in	19316
educational service centers.	19317

(B) ~~If the board of education of a local school district and~~	19318
~~the governing board of the educational service center of which the~~	19319
~~local district is a part have entered into an agreement under~~	19320
~~division (B) of section 3319.07 of the Revised Code, the agreement~~	19321
~~may also require the superintendent of the local school district,~~	19322
~~instead of the superintendent of the educational service center,~~	19323
~~to administer the filing of educator licenses and internship~~	19324
~~certificates for the local school district and to provide to the~~	19325
~~teachers of the district the written statements required in~~	19326
~~division (A)(2) of this section. While such an agreement is in~~	19327
~~effect between a local school district and an educational service~~	19328
~~center, a teacher employed by the local district shall file a~~	19329
~~legal educator license or internship certificate, or true copy of~~	19330
~~it, with the superintendent of the local district and that~~	19331
~~superintendent shall provide to the teacher the written statement~~	19332
~~required by division (A)(2) of this section.~~	19333

~~(C)~~ Notwithstanding division (A) of this section, the	19334
treasurer may pay either of the following:	19335

(1) Any teacher for services rendered during the first two	19336
months of the teacher's initial employment with the school	19337
district or educational service center, provided such teacher is	19338
the holder of a bachelor's degree or higher and has filed with the	19339
state board of education an application for the issuance of a	19340
provisional or professional educator license.	19341

(2) Any substitute teacher for services rendered while	19342
conditionally employed under section 3319.101 of the Revised Code.	19343

~~(D)~~(C) Upon notice to the treasurer given by the state board	19344
of education or any superintendent having jurisdiction that	19345
reports required of a teacher have not been made, the treasurer	19346
shall withhold the salary of the teacher until the required	19347
reports are completed and furnished.	19348

Sec. 3323.12. The board of education of a school district	19349
shall provide home instruction for handicapped children three to	19350
twenty-one years of age who are unable to attend school, even with	19351
the help of special transportation. The board may arrange for the	19352
provision of home instruction for a child by a cooperative	19353
agreement or contract with a county board of mental retardation	19354
and developmental disabilities or other educational agency. For	19355
the purposes of determining formula ADM and average daily	19356
attendance under ~~section~~sections 3317.03 and 3317.034 of the	19357
Revised Code, five hours of home instruction shall be equivalent	19358
to attendance for five school days.	19359

Sec. 3323.16. No unit for deaf children shall be disapproved	19360
for funding under division (B) or (D)(1) of section 3317.05 of the	19361
Revised Code on the basis of the methods of instruction used in	19362
educational programs in the school district or institution to	19363
teach deaf children to communicate, and no preference in approving	19364
units for funding shall be given ~~by the state board~~ for teaching	19365
deaf children by the oral, manual, total communication, or other	19366
method of instruction.	19367

Sec. 3327.01. Notwithstanding division (D) of section	19368
3311.19 and division (D) of section 3311.52 of the Revised Code,	19369
this section and sections 3327.011, 3327.012, and 3327.02 of the	19370
Revised Code do not apply to any joint vocational or cooperative	19371
education school district.	19372

In all city, local, and exempted village school districts	19373
where resident school pupils in grades kindergarten through eight	19374
live more than two miles from the school for which the state board	19375
of education prescribes minimum standards pursuant to division (D)	19376
of section 3301.07 of the Revised Code and to which they are	19377
assigned by the board of education of the district of residence or	19378
to and from the nonpublic or community school which they attend	19379
the board of education shall provide transportation for such	19380
pupils to and from such school except as provided in section	19381
3327.02 of the Revised Code.	19382

In all city, local, and exempted village school districts the	19383
board may provide transportation for resident school pupils in	19384
grades nine through twelve to and from the high school to which	19385
they are assigned by the board of education of the district of	19386
residence or to and from the nonpublic or community high school	19387
which they attend for which the state board of education	19388
prescribes minimum standards pursuant to division (D) of section	19389
3301.07 of the Revised Code.	19390

A board of education shall not be required to transport	19391
elementary or high school pupils to and from a nonpublic or	19392
community school where such transportation would require more than	19393
thirty minutes of direct travel time as measured by school bus	19394
from the collection point as designated by ~~the coordinator of~~	19395
~~school transportation, appointed under section 3327.011 of the~~	19396
~~Revised Code, for the attendance area of~~ the district of	19397
residence.	19398

Where it is impractical to transport a pupil by school	19399
conveyance, a board of education may offer payment, in lieu of	19400
providing such transportation in accordance with section 3327.02	19401
of the Revised Code.	19402

In all city, local, and exempted village school districts the	19403
board shall provide transportation for all children who are so	19404
crippled that they are unable to walk to and from the school for	19405
which the state board of education prescribes minimum standards	19406
pursuant to division (D) of section 3301.07 of the Revised Code	19407
and which they attend. In case of dispute whether the child is	19408
able to walk to and from the school, the health commissioner shall	19409
be the judge of such ability. In all city, exempted village, and	19410
local school districts the board shall provide transportation to	19411
and from school or special education classes for educable mentally	19412
retarded children in accordance with standards adopted by the	19413
state board of education.	19414

When transportation of pupils is provided the conveyance	19415
shall be run on a time schedule that shall be adopted and put in	19416
force by the board not later than ten days after the beginning of	19417
the school term.	19418

The cost of any transportation service authorized by this	19419
section shall be paid first out of federal funds, if any,	19420
available for the purpose of pupil transportation, and secondly	19421
out of state appropriations, in accordance with regulations	19422
adopted by the state board of education.	19423

No transportation of any pupils shall be provided by any	19424
board of education to or from any school which in the selection of	19425
pupils, faculty members, or employees, practices discrimination	19426
against any person on the grounds of race, color, religion, or	19427
national origin.	19428

Sec. 3327.011. ~~Coordinators of school transportation shall~~	19429
~~be appointed according to provisions of section 3301.13 of the~~	19430
~~Revised Code to assure that each pupil, as provided in section~~	19431
~~3327.01 of the Revised Code, is transported to and from the school~~	19432
~~which he attends in a safe, expedient, and economical manner using~~	19433
~~public school collection points, routes, and schedules.~~	19434

In determining how best to provide ~~such~~ transportation, where	19435
persons or firms on or after April 1, 1965, were providing	19436
transportation to and from schools pursuant to contracts with	19437
persons or agencies responsible for the operation of such schools,	19438
~~a coordinator or~~ the board of education responsible for	19439
transportation in accordance with section 3327.01 of the Revised	19440
Code shall give preference if economically feasible during the	19441
term of any such contract to the firm or person providing such	19442
transportation. The boards of education within the county or group	19443
of counties shall ~~recommend to the coordinator of~~establish	19444
transportation routes, schedules, and utilization of	19445
transportation equipment. ~~The coordinator, upon receipt of such~~	19446
~~recommendations, shall establish transportation routes, schedules,~~	19447
~~and utilization of transportation equipment, following such~~	19448
~~recommendations to whatever extent is feasible.~~ The appeals from	19449
the determination of the ~~coordinator~~board of education	19450
responsible for transportation shall be taken to the state board	19451
of education.	19452

Sec. 3329.06. The board of education of each city, exempted	19453
village, and local school district shall furnish, free of charge,	19454
the necessary textbooks to the pupils attending the public	19455
schools. In lieu of textbooks, district boards may furnish	19456
electronic textbooks to pupils attending the public schools,	19457
provided the electronic textbooks are furnished free of charge. A	19458
district board that chooses to furnish electronic textbooks to	19459
pupils attending school in the district shall provide reasonable	19460
access to the electronic textbooks and other necessary computer	19461
equipment to pupils in the district who are required to complete	19462
homework assignments, and teachers providing homework assignments,	19463
utilizing electronic textbooks furnished by the district board.	19464
Pupils wholly or in part supplied with necessary textbooks or	19465
electronic textbooks shall be supplied only as other or new	19466
textbooks or electronic textbooks are needed. ~~A board may limit~~	19467
~~its purchase and ownership of textbooks or electronic textbooks~~	19468
~~needed for its schools to six subjects per year, the cost of which~~	19469
~~shall not exceed twenty-five per cent of the entire cost of~~	19470
~~adoption.~~ All textbooks or electronic textbooks furnished as	19471
provided in this section shall be the property of the district,	19472
and loaned to the pupils on such terms as each such board	19473
prescribes. In order to carry out sections 3329.01 to 3329.10 of	19474
the Revised Code, each board, in the preparation of its annual	19475
budget, shall include as a separate item the amount which the	19476
board finds necessary to administer such sections and such amount	19477
shall not be subject to transfer to any other fund.	19478

Sec. 3329.08. At any regular meeting, the board of education	19479
of each local school district, from lists adopted by the	19480
educational service center governing board, and the board of	19481
education of each city and exempted village school district shall	19482
determine by a majority vote of all members elected or appointed	19483
under division (B) or (F) of section 3311.71 of the Revised Code	19484
which of such textbooks or electronic textbooks so filed shall be	19485
used in the schools under its control. ~~Except for periodic and~~	19486
~~normal updating of electronic textbooks, no textbooks or~~	19487
~~electronic textbooks shall be changed, nor any part thereof~~	19488
~~altered or revised, nor any other textbook or electronic textbook~~	19489
~~substituted therefor, within four years after the date of~~	19490
~~selection and adoption thereof, as shown by the official records~~	19491
~~of such boards, except by the consent, at a regular meeting, of~~	19492
~~four-fifths of all members elected thereto. Textbooks or~~	19493
~~electronic textbooks so substituted shall be adopted for the full~~	19494
~~term of four years.~~	19495

Sec. 3332.04. The state board of career colleges and schools	19496
may appoint an executive director and such other staff as may be	19497
required for the performance of the board's duties and provide	19498
necessary facilities. In selecting an executive director, the	19499
board shall appoint an individual with a background or experience	19500
in the regulation of commerce, business, or education. The board	19501
may also arrange for services and facilities to be provided by the	19502
state board of education and the Ohio board of regents. All	19503
receipts of the board shall be deposited in the state treasury to	19504
the credit of the ~~general revenue~~occupational licensing and	19505
regulatory fund.	19506

Sec. 3333.12. (A) As used in this section:

19507

(1) "Eligible student" means an undergraduate student who is:

19508

(a) An Ohio resident;

19509

(b) Enrolled in either of the following:

19510

(i) An accredited institution of higher education in this	19511
state that meets the requirements of Title VI of the Civil Rights	19512
Act of 1964 and is state-assisted, is nonprofit and has a	19513
certificate of authorization from the Ohio board of regents	19514
pursuant to Chapter 1713. of the Revised Code, has a certificate	19515
of registration from the state board of career colleges and	19516
schools and program authorization to award an associate or	19517
bachelor's degree, or is a private institution exempt from	19518
regulation under Chapter 3332. of the Revised Code as prescribed	19519
in section 3333.046 of the Revised Code. Students who attend an	19520
institution that holds a certificate of registration shall be	19521
enrolled in a program leading to an associate or bachelor's degree	19522
for which associate or bachelor's degree program the institution	19523
has program authorization issued under section 3332.05 of the	19524
Revised Code.	19525

(ii) A technical education program of at least two years	19526
duration sponsored by a private institution of higher education in	19527
this state that meets the requirements of Title VI of the Civil	19528
Rights Act of 1964.	19529

(c) Enrolled as a full-time student or enrolled as a less	19530
than full-time student for the term expected to be the student's	19531
final term of enrollment and is enrolled for the number of credit	19532
hours necessary to complete the requirements of the program in	19533
which the student is enrolled.	19534

(2) "Gross income" includes all taxable and nontaxable income	19535
of the parents, the student, and the student's spouse, except	19536
income derived from an Ohio academic scholarship, income earned by	19537
the student between the last day of the spring term and the first	19538
day of the fall term, and other income exclusions designated by	19539
the board. Gross income may be verified to the board by the	19540
institution in which the student is enrolled using the federal	19541
financial aid eligibility verification process or by other means	19542
satisfactory to the board.	19543

(3) "Resident," "full-time student," "dependent,"	19544
"financially independent," and "accredited" shall be defined by	19545
rules adopted by the board.	19546

(B) The Ohio board of regents shall establish and administer	19547
an instructional grant program and may adopt rules to carry out	19548
this section. The general assembly shall support the instructional	19549
grant program by such sums and in such manner as it may provide,	19550
but the board may also receive funds from other sources to support	19551
the program. If the amounts available for support of the program	19552
are inadequate to provide grants to all eligible students,	19553
preference in the payment of grants shall be given in terms of	19554
income, beginning with the lowest income category of gross income	19555
and proceeding upward by category to the highest gross income	19556
category.	19557

An instructional grant shall be paid to an eligible student	19558
through the institution in which the student is enrolled, except	19559
that no instructional grant shall be paid to any person serving a	19560
term of imprisonment. Applications for such grants shall be made	19561
as prescribed by the board, and such applications may be made in	19562
conjunction with and upon the basis of information provided in	19563
conjunction with student assistance programs funded by agencies of	19564
the United States government or from financial resources of the	19565
institution of higher education. The institution shall certify	19566
that the student applicant meets the requirements set forth in	19567
divisions (A)(1)(b) and (c) of this section. Instructional grants	19568
shall be provided to an eligible student only as long as the	19569
student is making appropriate progress toward a nursing diploma or	19570
an associate or bachelor's degree. No student shall be eligible to	19571
receive a grant for more than ten semesters, fifteen quarters, or	19572
the equivalent of five academic years. A grant made to an eligible	19573
student on the basis of less than full-time enrollment shall be	19574
based on the number of credit hours for which the student is	19575
enrolled and shall be computed in accordance with a formula	19576
adopted by the board. No student shall receive more than one grant	19577
on the basis of less than full-time enrollment.	19578

An instructional grant shall not exceed the total	19579
instructional and general charges of the institution.	19580

(C) The tables in this division prescribe the maximum grant	19581
amounts covering two semesters, three quarters, or a comparable	19582
portion of one academic year. Grant amounts for additional terms	19583
in the same academic year shall be determined under division (D)	19584
of this section.	19585

For a full-time student who is a dependent and enrolled in a	19586
nonprofit educational institution that is not a state-assisted	19587
institution and that has a certificate of authorization issued	19588
pursuant to Chapter 1713. of the Revised Code, the amount of the	19589
instructional grant for two semesters, three quarters, or a	19590
comparable portion of the academic year shall be determined in	19591
accordance with the following table:	19592

Private Institution

19594

Table of Grants

19595

	Maximum Grant $5,466		19596
Gross Income	Number of Dependents		19597

5 or more

19598

$0 - $15,000	$5,466	$5,466	$5,466	$5,466	$5,466	19599
$15,001 - $16,000	4,920	5,466	5,466	5,466	5,466	19600
$16,001 - $17,000	4,362	4,920	5,466	5,466	5,466	19601
$17,001 - $18,000	3,828	4,362	4,920	5,466	5,466	19602
$18,001 - $19,000	3,288	3,828	4,362	4,920	5,466	19603
$19,001 - $22,000	2,736	3,288	3,828	4,362	4,920	19604
$22,001 - $25,000	2,178	2,736	3,288	3,828	4,362	19605
$25,001 - $28,000	1,626	2,178	2,736	3,288	3,828	19606
$28,001 - $31,000	1,344	1,626	2,178	2,736	3,288	19607
$31,001 - $32,000	1,080	1,344	1,626	2,178	2,736	19608
$32,001 - $33,000	984	1,080	1,344	1,626	2,178	19609
$33,001 - $34,000	888	984	1,080	1,344	1,626	19610
$34,001 - $35,000	444	888	984	1,080	1,344	19611
$35,001 - $36,000	--	444	888	984	1,080	19612
$36,001 - $37,000	--	--	444	888	984	19613
$37,001 - $38,000	--	--	--	444	888	19614
$38,001 - $39,000	--	--	--	--	444	19615

For a full-time student who is financially independent and	19616
enrolled in a nonprofit educational institution that is not a	19617
state-assisted institution and that has a certificate of	19618
authorization issued pursuant to Chapter 1713. of the Revised	19619
Code, the amount of the instructional grant for two semesters,	19620
three quarters, or a comparable portion of the academic year shall	19621
be determined in accordance with the following table:	19622

Private Institution

19624

Table of Grants

19625

	Maximum Grant $5,466		19626
Gross Income	Number of Dependents		19627

5 or more

19628

$0 - $4,800	$5,466	$5,466	$5,466	$5,466	$5,466	$5,466	19629
$4,801 - $5,300	4,920	5,466	5,466	5,466	5,466	5,466	19630
$5,301 - $5,800	4,362	~~4,920~~	5,466	5,466	5,466	5,466	19631
		5,196					19632
$5,801 - $6,300	3,828	~~4,362~~	~~4,920~~	5,466	5,466	5,466	19633
		4,914	5,196				19634
$6,301 - $6,800	3,288	~~3,828~~	~~4,362~~	~~4,920~~	5,466	5,466	19635
		4,650	4,914	5,196			19636
$6,801 - $7,300	2,736	~~3,288~~	~~3,828~~	~~4,362~~	~~4,920~~	5,466	19637
		4,380	4,650	4,914	5,196		19638
$7,301 - $8,300	2,178	~~2,736~~	~~3,288~~	~~3,828~~	~~4,362~~	~~4,920~~	19639
		4,104	4,380	4,650	4,914	5,196	19640
$8,301 - $9,300	1,626	~~2,178~~	~~2,736~~	~~3,288~~	~~3,828~~	~~4,362~~	19641
		3,822	4,104	4,380	4,650	4,914	19642
$9,301 - $10,300	1,344	~~1,626~~	~~2,178~~	~~2,736~~	~~3,288~~	~~3,828~~	19643
		3,546	3,822	4,104	4,380	4,650	19644
$10,301 - $11,800	1,080	~~1,344~~	~~1,626~~	~~2,178~~	~~2,736~~	~~3,288~~	19645
		3,408	3,546	3,822	4,104	4,380	19646
$11,801 - $13,300	984	~~1,080~~	~~1,344~~	~~1,626~~	~~2,178~~	~~2,736~~	19647
		3,276	3,408	3,546	3,822	4,104	19648
$13,301 - $14,800	888	~~984~~	~~1,080~~	~~1,344~~	~~1,626~~	~~2,178~~	19649
		3,228	3,276	3,408	3,546	3,822	19650
$14,801 - $16,300	444	~~888~~	~~984~~	~~1,080~~	~~1,344~~	~~1,626~~	19651
		2,904	3,228	3,276	3,408	3,546	19652
$16,301 - $19,300	--	~~444~~	~~888~~	~~984~~	~~1,080~~	~~1,344~~	19653
		2,136	2,628	2,952	3,276	3,408	19654
$19,301 - $22,300	--	--	~~444~~	~~888~~	~~984~~	~~1,080~~	19655
		1,368	1,866	2,358	2,676	3,000	19656
$22,301 - $25,300	--	--	--	~~444~~	~~888~~	~~984~~	19657
		1,092	1,368	1,866	2,358	2,676	19658
$25,301 - $30,300	--	--	--	--	~~444~~	~~888~~	19659
		816	1,092	1,368	1,866	2,358	19660
$30,301 - $35,300	--	--	--	--	--	~~444~~	19661
		492	540	672	816	1,314	19662

For a full-time student who is a dependent and enrolled in an	19663
educational institution that holds a certificate of registration	19664
from the state board of career colleges and schools or a private	19665
institution exempt from regulation under Chapter 3332. of the	19666
Revised Code as prescribed in section 3333.046 of the Revised	19667
Code, the amount of the instructional grant for two semesters,	19668
three quarters, or a comparable portion of the academic year shall	19669
be determined in accordance with the following table:	19670

Career Institution

19671

Table of Grants

19672

	Maximum Grant $4,632		19673
Gross Income	Number of Dependents		19674

5 or more

19675

$0 - $15,000	$4,632	$4,632	$4,632	$4,632	$4,632	19676
$15,001 - $16,000	4,182	4,632	4,632	4,632	4,632	19677
$16,001 - $17,000	3,684	4,182	4,632	4,632	4,632	19678
$17,001 - $18,000	3,222	3,684	4,182	4,632	4,632	19679
$18,001 - $19,000	2,790	3,222	3,684	4,182	4,632	19680
$19,001 - $22,000	2,292	2,790	3,222	3,684	4,182	19681
$22,001 - $25,000	1,854	2,292	2,790	3,222	3,684	19682
$25,001 - $28,000	1,416	1,854	2,292	2,790	3,222	19683
$28,001 - $31,000	1,134	1,416	1,854	2,292	2,790	19684
$31,001 - $32,000	906	1,134	1,416	1,854	2,292	19685
$32,001 - $33,000	852	906	1,134	1,416	1,854	19686
$33,001 - $34,000	750	852	906	1,134	1,416	19687
$34,001 - $35,000	372	750	852	906	1,134	19688
$35,001 - $36,000	--	372	750	852	906	19689
$36,001 - $37,000	--	--	372	750	852	19690
$37,001 - $38,000	--	--	--	372	750	19691
$38,001 - $39,000	--	--	--	--	372	19692

For a full-time student who is financially independent and	19693
enrolled in an educational institution that holds a certificate of	19694
registration from the state board of career colleges and schools	19695
or a private institution exempt from regulation under Chapter	19696
3332. of the Revised Code as prescribed in section 3333.046 of the	19697
Revised Code, the amount of the instructional grant for two	19698
semesters, three quarters, or a comparable portion of the academic	19699
year shall be determined in accordance with the following table:	19700

Career Institution

19701

Table of Grants

19702

	Maximum Grant $4,632		19703
Gross Income	Number of Dependents		19704

5 or more

19705

$0 - $4,800	$4,632	$4,632	$4,632	$4,632	$4,632	$4,632	19706
$4,801 - $5,300	4,182	4,632	4,632	4,632	4,632	4,632	19707
$5,301 - $5,800	3,684	~~4,182~~	4,632	4,632	4,632	4,632	19708
		4,410					19709
$5,801 - $6,300	3,222	~~3,684~~	~~4,182~~	4,632	4,632	4,632	19710
		4,158	4,410				19711
$6,301 - $6,800	2,790	~~3,222~~	~~3,684~~	~~4,182~~	4,632	4,632	19712
		3,930	4,158	4,410			19713
$6,801 - $7,300	2,292	~~2,790~~	~~3,222~~	~~3,684~~	~~4,182~~	4,632	19714
		3,714	3,930	4,158	4,410		19715
$7,301 - $8,300	1,854	~~2,292~~	~~2,790~~	~~3,222~~	~~3,684~~	~~4,182~~	19716
		3,462	3,714	3,930	4,158	4,410	19717
$8,301 - $9,300	1,416	~~1,854~~	~~2,292~~	~~2,790~~	~~3,222~~	~~3,684~~	19718
		3,246	3,462	3,714	3,930	4,158	19719
$9,301 - $10,300	1,134	~~1,416~~	~~1,854~~	~~2,292~~	~~2,790~~	~~3,222~~	19720
		3,024	3,246	3,462	3,714	3,930	19721
$10,301 - $11,800	906	~~1,134~~	~~1,416~~	~~1,854~~	~~2,292~~	~~2,790~~	19722
		2,886	3,024	3,246	3,462	3,714	19723
$11,801 - $13,300	852	~~906~~	~~1,134~~	~~1,416~~	~~1,854~~	~~2,292~~	19724
		2,772	2,886	3,024	3,246	3,462	19725
$13,301 - $14,800	750	~~852~~	~~906~~	~~1,134~~	~~1,416~~	~~1,854~~	19726
		2,742	2,772	2,886	3,024	3,246	19727
$14,801 - $16,300	372	~~750~~	~~852~~	~~906~~	~~1,134~~	~~1,416~~	19728
		2,466	2,742	2,772	2,886	3,024	19729
$16,301 - $19,300	--	~~372~~	~~750~~	~~852~~	~~906~~	~~1,134~~	19730
		1,800	2,220	2,520	2,772	2,886	19731
$19,301 - $22,300	--	--	~~372~~	~~750~~	~~852~~	~~906~~	19732
		1,146	1,584	1,986	2,268	2,544	19733
$22,301 - $25,300	--	--	--	~~372~~	~~750~~	~~852~~	19734
		930	1,146	1,584	1,986	2,268	19735
$25,301 - $30,300	--	--	--	--	~~372~~	~~750~~	19736
		708	930	1,146	1,584	1,986	19737
$30,301 - $35,300	--	--	--	--	--	~~372~~	19738
		426	456	570	708	1,116	19739

For a full-time student who is a dependent and enrolled in a	19740
state-assisted educational institution, the amount of the	19741
instructional grant for two semesters, three quarters, or a	19742
comparable portion of the academic year shall be determined in	19743
accordance with the following table:	19744

Public Institution

19745

Table of Grants

19746

	Maximum Grant $2,190		19747
Gross Income	Number of Dependents		19748

5 or more

19749

$0 - $15,000	$2,190	$2,190	$2,190	$2,190	$2,190	19750
$15,001 - $16,000	1,974	2,190	2,190	2,190	2,190	19751
$16,001 - $17,000	1,740	1,974	2,190	2,190	2,190	19752
$17,001 - $18,000	1,542	1,740	1,974	2,190	2,190	19753
$18,001 - $19,000	1,320	1,542	1,740	1,974	2,190	19754
$19,001 - $22,000	1,080	1,320	1,542	1,740	1,974	19755
$22,001 - $25,000	864	1,080	1,320	1,542	1,740	19756
$25,001 - $28,000	648	864	1,080	1,320	1,542	19757
$28,001 - $31,000	522	648	864	1,080	1,320	19758
$31,001 - $32,000	420	522	648	864	1,080	19759
$32,001 - $33,000	384	420	522	648	864	19760
$33,001 - $34,000	354	384	420	522	648	19761
$34,001 - $35,000	174	354	384	420	522	19762
$35,001 - $36,000	--	174	354	384	420	19763
$36,001 - $37,000	--	--	174	354	384	19764
$37,001 - $38,000	--	--	--	174	354	19765
$38,001 - $39,000	--	--	--	--	174	19766

For a full-time student who is financially independent and	19767
enrolled in a state-assisted educational institution, the amount	19768
of the instructional grant for two semesters, three quarters, or a	19769
comparable portion of the academic year shall be determined in	19770
accordance with the following table:	19771

Public Institution

19772

Table of Grants

19773

	Maximum Grant $2,190		19774
Gross Income	Number of Dependents		19775

5 or more

19776

$0 - $4,800	$2,190	$2,190	$2,190	$2,190	$2,190	$2,190	19777
$4,801 - $5,300	1,974	2,190	2,190	2,190	2,190	2,190	19778
$5,301 - $5,800	1,740	~~1,974~~	2,190	2,190	2,190	2,190	19779
		2,082					19780
$5,801 - $6,300	1,542	~~1,740~~	~~1,974~~	2,190	2,190	2,190	19781
		1,968	2,082				19782
$6,301 - $6,800	1,320	~~1,542~~	~~1,740~~	~~1,974~~	2,190	2,190	19783
		1,866	1,968	2,082			19784
$6,801 - $7,300	1,080	~~1,320~~	~~1,542~~	~~1,740~~	~~1,974~~	2,190	19785
		1,758	1,866	1,968	2,082		19786
$7,301 - $8,300	864	~~1,080~~	~~1,320~~	~~1,542~~	~~1,740~~	~~1,974~~	19787
		1,638	1,758	1,866	1,968	2,082	19788
$8,301 - $9,300	648	~~864~~	~~1,080~~	~~1,320~~	~~1,542~~	~~1,740~~	19789
		1,530	1,638	1,758	1,866	1,968	19790
$9,301 - $10,300	522	~~648~~	~~864~~	~~1,080~~	~~1,320~~	~~1,542~~	19791
		1,422	1,530	1,638	1,758	1,866	19792
$10,301 - $11,800	420	~~522~~	~~648~~	~~864~~	~~1,080~~	~~1,320~~	19793
		1,356	1,422	1,530	1,638	1,758	19794
$11,801 - $13,300	384	~~420~~	~~522~~	~~648~~	~~864~~	~~1,080~~	19795
		1,308	1,356	1,422	1,530	1,638	19796
$13,301 - $14,800	354	~~384~~	~~420~~	~~522~~	~~648~~	~~864~~	19797
		1,290	1,308	1,356	1,422	1,530	19798
$14,801 - $16,300	174	~~354~~	~~384~~	~~420~~	~~522~~	~~648~~	19799
		1,164	1,290	1,308	1,356	1,422	19800
$16,301 - $19,300	--	~~174~~	~~354~~	~~384~~	~~420~~	~~522~~	19801
		858	1,050	1,182	1,308	1,356	19802
$19,301 - $22,300	--	--	~~174~~	~~354~~	~~384~~	~~420~~	19803
		540	750	948	1,062	1,200	19804
$22,301 - $25,300	--	--	--	~~174~~	~~354~~	~~384~~	19805
		432	540	750	948	1,062	19806
$25,301 - $30,300	--	--	--	--	~~174~~	~~354~~	19807
		324	432	540	750	948	19808
$30,301 - $35,300	--	--	--	--	--	~~174~~	19809
		192	210	264	324	522	19810

(D) For a full-time student enrolled in an eligible	19811
institution for a semester or quarter in addition to the portion	19812
of the academic year covered by a grant determined under division	19813
(C) of this section, the maximum grant amount shall be a	19814
percentage of the maximum prescribed in the applicable table of	19815
that division. The maximum grant for a fourth quarter shall be	19816
one-third of the maximum amount prescribed under that division.	19817
The maximum grant for a third semester shall be one-half of the	19818
maximum amount prescribed under that division.	19819

(E) No grant shall be made to any student in a course of	19820
study in theology, religion, or other field of preparation for a	19821
religious profession unless such course of study leads to an	19822
accredited bachelor of arts, bachelor of science, associate of	19823
arts, or associate of science degree.	19824

(F)(1) Except as provided in division (F)(2) of this section,	19825
no grant shall be made to any student for enrollment during a	19826
fiscal year in an institution with a cohort default rate	19827
determined by the United States secretary of education pursuant to	19828
the "Higher Education Amendments of 1986," 100 Stat. 1278, 1408,	19829
20 U.S.C.A. 1085, as amended, as of the fifteenth day of June	19830
preceding the fiscal year, equal to or greater than thirty per	19831
cent for each of the preceding two fiscal years.	19832

(2) Division (F)(1) of this section does not apply to the	19833
following:	19834

(a) Any student enrolled in an institution that under the	19835
federal law appeals its loss of eligibility for federal financial	19836
aid and the United States secretary of education determines its	19837
cohort default rate after recalculation is lower than the rate	19838
specified in division (F)(1) of this section or the secretary	19839
determines due to mitigating circumstances the institution may	19840
continue to participate in federal financial aid programs. The	19841
board shall adopt rules requiring institutions to provide	19842
information regarding an appeal to the board.	19843

(b) Any student who has previously received a grant under	19844
this section who meets all other requirements of this section.	19845

(3) The board shall adopt rules for the notification of all	19846
institutions whose students will be ineligible to participate in	19847
the grant program pursuant to division (F)(1) of this section.	19848

(4) A student's attendance at an institution whose students	19849
lose eligibility for grants under division (F)(1) of this section	19850
shall not affect that student's eligibility to receive a grant	19851
when enrolled in another institution.	19852

(G) Institutions of higher education that enroll students	19853
receiving instructional grants under this section shall report to	19854
the board all students who have received instructional grants but	19855
are no longer eligible for all or part of such grants and shall	19856
refund any moneys due the state within thirty days after the	19857
beginning of the quarter or term immediately following the quarter	19858
or term in which the student was no longer eligible to receive all	19859
or part of the student's grant. There shall be an interest charge	19860
of one per cent per month on all moneys due and payable after such	19861
thirty-day period. The board shall immediately notify the office	19862
of budget and management and the legislative service commission of	19863
all refunds so received.	19864

Sec. 3333.16. As used in this section "state institution of	19865
higher education" means an institution of higher education as	19866
defined in section 3345.12 of the Revised Code.	19867

(A) By April 15, 2005, the Ohio board of regents shall do all	19868
of the following:	19869

(1) Require each state institution of higher education to	19870
make changes in its respective academic programs so that	19871
successful completion of any course in a particular field of study	19872
shall be recognized for full credit at any other state institution	19873
of higher education toward satisfying the requirements of a degree	19874
or certification program in that same field of study;	19875

(2) Ensure that community colleges, university branches,	19876
technical colleges, and state community colleges comply with the	19877
requirement of division (A)(5) of section 3333.20 of the Revised	19878
Code that they offer college transfer programs or the initial two	19879
years of a baccalaureate degree for students planning to transfer	19880
to institutions offering baccalaureate programs;	19881

(3) Develop a universal course classification system for	19882
state institutions of higher education, including common numerical	19883
designations and titles, so that the transfer of students and the	19884
transfer and articulation of courses or specified learning modules	19885
or units completed by students are not inhibited by inconsistent	19886
course classifications.	19887

(B) By April 15, 2004, the board shall report to the general	19888
assembly on its progress in attaining completion of the actions	19889
prescribed in division (A) of this section.	19890

Sec. 3365.04. The rules adopted under section 3365.02 of the	19891
Revised Code shall provide for students to enroll in courses under	19892
either of the following options:	19893

(A) The student may elect at the time of enrollment to	19894
receive only college credit for the course. The college shall	19895
notify the student about payment of tuition and fees in the	19896
customary manner followed by the college, and the student shall be	19897
responsible for payment of all tuition and the cost of all	19898
textbooks, materials, and fees associated with the course. If the	19899
student successfully completes the course, the college shall award	19900
the student full credit for the course, but the board of education	19901
or nonpublic participating school shall not award the high school	19902
credit.	19903

(B) The student may elect at the time of enrollment for each	19904
course to receive both college credit and high school credit.	19905
Except as provided in section 3365.041 of the Revised Code, if the	19906
student successfully completes the course, the college shall award	19907
the student full credit for the course, the board of education or	19908
nonpublic school shall award the student high school credit, and	19909
the college shall be reimbursed in accordance with section 3365.07	19910
of the Revised Code.	19911

When determining a school district's formula ADM and average	19912
daily attendance under ~~section~~sections 3317.03 and 3317.034 of	19913
the Revised Code, the time a participant is attending courses	19914
under division (A) of this section shall be considered as time the	19915
participant is not attending or enrolled in school anywhere, and	19916
the time a participant is attending courses under division (B) of	19917
this section shall be considered as time the participant is	19918
attending or enrolled in the district's schools.	19919

Sec. 3377.01. As used in Chapter 3377. of the Revised Code:

19920

(A) "Educational institution" or "institution" means an	19921
educational institution organized not for profit and holding an	19922
effective certificate of authorization issued under section	19923
1713.02 of the Revised Code. It does not include any institution	19924
created by or in accordance with Title XXXIII of the Revised Code	19925
nor any institution whose principal educational activity is	19926
preparing students for or granting degrees, diplomas, and other	19927
marks of deficiency which have value only in religious and	19928
ecclesiastical fields.	19929

(B) "Educational facility" or "facility" means any building,	19930
structure, facility, equipment, machinery, utility, or	19931
improvement, site, or other interest in real estate therefor or	19932
pertinent thereto, and equipment and furnishings to be used	19933
therein or in connection therewith, together with any	19934
appurtenances necessary or convenient to the uses thereof, to be	19935
used for or in connection with the conduct or operation of an	19936
educational institution, including but not limited to, classrooms	19937
and other instructional facilities, laboratories, research	19938
facilities, libraries, study facilities, administrative and office	19939
facilities, museums, gymnasiums, campus walks, drives and site	19940
improvements, dormitories and other suitable living quarters or	19941
accommodations, dining halls and other food service and	19942
preparation facilities, student services or activity facilities,	19943
physical education, athletic and recreational facilities,	19944
theatres, auditoriums, assembly and exhibition halls, greenhouses,	19945
agricultural buildings and facilities, parking, storage and	19946
maintenance facilities, infirmary, hospital, medical, and health	19947
facilities, continuing education facilities, communications, fire	19948
prevention, and fire fighting facilities, and any one, or any	19949
combination of the foregoing, whether or not comprising part of	19950
one building, structure, or facility. It does not include any	19951
facility used ~~for sectarian instruction or study or~~exclusively as	19952
a place for devotional activities ~~or religious worship~~.	19953

(C) "Bond proceedings" means the resolution or resolutions,	19954
the trust agreement, the indenture of mortgage, or combination	19955
thereof authorizing or providing for the terms and conditions	19956
applicable to bonds issued under authority of Chapter 3377. of the	19957
Revised Code.	19958

(D) "Pledged facilities" means the project or other property	19959
that is mortgaged or the rentals, revenues, and other income,	19960
charges, and moneys from which are pledged, or both, for the	19961
payment of or the security for the payment of the principal of and	19962
interest on the bonds issued under the authority of section	19963
3377.05 or 3377.06 of the Revised Code.	19964

(E) "Project" means real or personal property, or both,	19965
acquired by gift or purchase, constructed, reconstructed,	19966
enlarged, remodeled, renovated, improved, furnished, or equipped,	19967
or any combination thereof, by or financed by the Ohio higher	19968
educational facility commission, or by funds that are refinanced	19969
or reimbursed by the commission for use by an educational	19970
institution as an educational facility located within the state.	19971

(F) "Project costs" means the costs of acquiring,	19972
constructing, equipping, furnishing, reconstructing, remodeling,	19973
renovating, enlarging, and improving educational facilities	19974
comprising one or more project, including costs connected with or	19975
incidental thereto, provision of capitalized interest prior to and	19976
during construction and for a period after the completion of the	19977
construction, appropriate reserves, architectural, engineering,	19978
financial, and legal services, and all other costs of financing,	19979
and the repayment or restoration of moneys borrowed or advanced	19980
for such purposes or temporarily used therefor from other sources,	19981
and means the costs of refinancing obligations issued or loans	19982
incurred by, or reimbursement of money advanced, invested or	19983
expended by, educational institutions or others the proceeds of	19984
which obligations or loans or the amounts advanced, invested or	19985
expended were used at any time for the payment of project costs,	19986
if the Ohio higher educational facility commission determines that	19987
the refinancing or reimbursement advances the purposes of this	19988
chapter, whether or not the refinancing or reimbursement is in	19989
conjunction with the acquisition or construction of additional	19990
educational facilities	19991

Sec. 3377.06. In anticipation of the issuance of bonds	19992
authorized by section 3377.05 of the Revised Code, the Ohio higher	19993
educational facility commission may issue bond anticipation notes	19994
of the state and may renew the same from time to time by the	19995
issuance of new notes, but the maximum maturity of such notes,	19996
including renewals thereof, shall not exceed five years from the	19997
date of the issuance of the original notes. Such notes are payable	19998
solely from the revenues and receipts that may be pledged to the	19999
payment of such bonds or from the proceeds of such bonds, or both,	20000
as the commission provides in its resolution authorizing such	20001
notes, and may be additionally secured by covenants of the	20002
commission to the effect that the commission will do such or all	20003
things necessary for the issuance of such bonds, or of renewal	20004
notes under this section in appropriate amount, and either	20005
exchange such bonds or renewal notes therefor or apply the	20006
proceeds thereof to the extent necessary to make full payment on	20007
such notes at the time or times contemplated, as provided in such	20008
resolution. Subject to the provisions of this section, all	20009
provisions for and references to bonds in Chapter 3377. of the	20010
Revised Code are applicable to notes authorized under this section	20011
and any references therein to bondholders shall include holders or	20012
owners of such notes.	20013

Prior to the sale of bonds or notes authorized under section	20014
3377.05 or 3377.06 of the Revised Code, the commission shall	20015
determine that the project to be financed thereby will contribute	20016
to the objectives stated in section 3377.02 of the Revised Code	20017
and that the educational institution to which such project is to	20018
be leased, sold, exchanged, or otherwise disposed of, admits	20019
students without discrimination by reason of race, ~~creed,~~ color,	20020
or national origin.	20021

Sec. 3383.01. As used in this chapter:

20022

(A) "Arts" means any of the following:

20023

(1) Visual, musical, dramatic, graphic, design, and other	20024
arts, including, but not limited to, architecture, dance,	20025
literature, motion pictures, music, painting, photography,	20026
sculpture, and theater, and the provision of training or education	20027
in these arts;	20028

(2) The presentation or making available, in museums or other	20029
indoor or outdoor facilities, of principles of science and their	20030
development, use, or application in business, industry, or	20031
commerce or of the history, heritage, development, presentation,	20032
and uses of the arts described in division (A)(1) of this section	20033
and of transportation;	20034

(3) The preservation, presentation, or making available of	20035
features of archaeological, architectural, environmental, or	20036
historical interest or significance in a state historical facility	20037
or a local historical facility.	20038

(B) "Arts organization" means either of the following:

20039

(1) A governmental agency or Ohio nonprofit corporation that	20040
provides programs or activities in areas directly concerned with	20041
the arts;	20042

(2) A regional arts and cultural district as defined in	20043
section 3381.01 of the Revised Code.	20044

(C) "Arts project" means all or any portion of an Ohio arts	20045
facility for which the general assembly has specifically	20046
authorized the spending of money, or made an appropriation,	20047
pursuant to division (D)(3) or (E) of section 3383.07 of the	20048
Revised Code.	20049

(D) "Cooperative contract" means a contract between the Ohio	20050
arts and sports facilities commission and an arts organization	20051
providing the terms and conditions of the cooperative use of an	20052
Ohio arts facility.	20053

(E) "Costs of operation" means amounts required to manage an	20054
Ohio arts facility that are incurred following the completion of	20055
construction of its arts project, provided that both of the	20056
following apply:	20057

(1) Those amounts either:

20058

(a) Have been committed to a fund dedicated to that purpose;

20059

(b) Equal the principal of any endowment fund, the income	20060
from which is dedicated to that purpose.	20061

(2) The commission and the arts organization have executed an	20062
agreement with respect to either of those funds.	20063

(F) "General building services" means general building	20064
services for an Ohio arts facility or an Ohio sports facility,	20065
including, but not limited to, general custodial care, security,	20066
maintenance, repair, painting, decoration, cleaning, utilities,	20067
fire safety, grounds and site maintenance and upkeep, and	20068
plumbing.	20069

(G) "Governmental agency" means a state agency, a	20070
state-supported or state-assisted institution of higher education,	20071
a municipal corporation, county, township, or school district, a	20072
port authority created under Chapter 4582. of the Revised Code,	20073
any other political subdivision or special district in this state	20074
established by or pursuant to law, or any combination of these	20075
entities; except where otherwise indicated, the United States or	20076
any department, division, or agency of the United States, or any	20077
agency, commission, or authority established pursuant to an	20078
interstate compact or agreement.	20079

(H) "Local contributions" means the value of an asset	20080
provided by or on behalf of an arts organization from sources	20081
other than the state, the value and nature of which shall be	20082
approved by the Ohio arts and sports facilities commission, in its	20083
sole discretion. "Local contributions" may include the value of	20084
the site where an arts project is to be constructed. All "local	20085
contributions," except a contribution attributable to such a site,	20086
shall be for the costs of construction of an arts project or the	20087
costs of operation of an arts facility.	20088

(I) "Local historical facility" means a site or facility,	20089
other than a state historical facility, of archaeological,	20090
architectural, environmental, or historical interest or	20091
significance, or a facility, including a storage facility,	20092
appurtenant to the operations of such a site or facility, that is	20093
owned by an arts organization, provided the facility meets the	20094
requirements of division (K)(2)(b) of this section, is managed by	20095
or pursuant to a contract with the Ohio arts and sports facilities	20096
commission, and is used for or in connection with the activities	20097
of the commission, including the presentation or making available	20098
of arts to the public.	20099

(J) "Manage," "operate," or "management" means the provision	20100
of, or the exercise of control over the provision of, activities:	20101

(1) Relating to the arts for an Ohio arts facility, including	20102
as applicable, but not limited to, providing for displays,	20103
exhibitions, specimens, and models; booking of artists,	20104
performances, or presentations; scheduling; and hiring or	20105
contracting for directors, curators, technical and scientific	20106
staff, ushers, stage managers, and others directly related to the	20107
arts activities in the facility; but not including general	20108
building services;	20109

(2) Relating to sports and athletic events for an Ohio sports	20110
facility, including as applicable, but not limited to, providing	20111
for booking of athletes, teams, and events; scheduling; and hiring	20112
or contracting for staff, ushers, managers, and others directly	20113
related to the sports and athletic events in the facility; but not	20114
including general building services.	20115

(K) "Ohio arts facility" means any of the following:

20116

(1) The three theaters located in the state office tower at	20117
77 South High street in Columbus;	20118

(2) Any capital facility in this state to which both of the	20119
following apply:	20120

(a) The construction of an arts project related to the	20121
facility was authorized or funded by the general assembly pursuant	20122
to division (D)(3) of section 3383.07 of the Revised Code and	20123
proceeds of state bonds are used for costs of the arts project.	20124

(b) The facility is managed directly by, or is subject to a	20125
cooperative or management contract with, the Ohio arts and sports	20126
facilities commission, and is used for or in connection with the	20127
activities of the commission, including the presentation or making	20128
available of arts to the public and the provision of training or	20129
education in the arts. ~~A cooperative or management contract shall~~	20130
~~be for a term not less than the time remaining to the date of~~	20131
~~payment or provision for payment of any state bonds issued to pay~~	20132
~~the costs of the arts project, as determined by the director of~~	20133
~~budget and management and certified by the director to the Ohio~~	20134
~~arts and sports facilities commission and to the Ohio building~~	20135
~~authority.~~	20136

(3) A state historical facility or a local historical	20137
facility.	20138

(L) "State agency" means the state or any of its branches,	20139
officers, boards, commissions, authorities, departments,	20140
divisions, or other units or agencies.	20141

(M) "Construction" includes acquisition, including	20142
acquisition by lease-purchase, demolition, reconstruction,	20143
alteration, renovation, remodeling, enlargement, improvement, site	20144
improvements, and related equipping and furnishing.	20145

(N) "State historical facility" means a site or facility of	20146
archaeological, architectural, environmental, or historical	20147
interest or significance, or a facility, including a storage	20148
facility, appurtenant to the operations of such a site or	20149
facility, that is owned by or is located on real property owned by	20150
the state or by an arts organization, so long as the real property	20151
of the arts organization is contiguous to state-owned real	20152
property that is in the care, custody, and control of an arts	20153
organization, and that is managed directly by or is subject to a	20154
cooperative or management contract with the Ohio arts and sports	20155
facilities commission and is used for or in connection with the	20156
activities of the commission, including the presentation or making	20157
available of arts to the public.	20158

(O) "Ohio sports facility" means all or a portion of a	20159
stadium, arena, or other capital facility in this state, a primary	20160
purpose of which is to provide a site or venue for the	20161
presentation to the public of events of one or more major or minor	20162
league professional athletic or sports teams that are associated	20163
with the state or with a city or region of the state, which	20164
facility is owned by or is located on real property owned by the	20165
state or a governmental agency, and including all parking	20166
facilities, walkways, and other auxiliary facilities, equipment,	20167
furnishings, and real and personal property and interests and	20168
rights therein, that may be appropriate for or used for or in	20169
connection with the facility or its operation, for capital costs	20170
of which state funds are spent pursuant to this chapter. A	20171
facility constructed as an Ohio sports facility may be both an	20172
Ohio arts facility and an Ohio sports facility.	20173

Sec. 3383.07. (A) The department of administrative services	20174
shall provide for the construction of an arts project in	20175
conformity with Chapter 153. of the Revised Code, except as	20176
follows:	20177

(1) For an arts project that has an estimated construction	20178
cost, excluding the cost of acquisition, of twenty-five million	20179
dollars or more, and that is financed by the Ohio building	20180
authority, construction services may be provided by the authority	20181
if the authority determines it should provide those services.	20182

(2) For an arts project other than a state historical	20183
facility, construction services may be provided on behalf of the	20184
state by the Ohio arts and sports facilities commission, or by a	20185
governmental agency or an arts organization that occupies, will	20186
occupy, or is responsible for the Ohio arts facility, as	20187
determined by the commission. Construction services to be provided	20188
by a governmental agency or an arts organization shall be	20189
specified in an agreement between the commission and the	20190
governmental agency or arts organization. The agreement, or any	20191
actions taken under it, are not subject to Chapter 123. or 153. of	20192
the Revised Code, except for sections 123.151 and 153.011 of the	20193
Revised Code, and shall be subject to Chapter 4115. of the Revised	20194
Code.	20195

(3) For an arts project that is a state historical facility,	20196
construction services may be provided by the Ohio arts and sports	20197
facilities commission or by an arts organization that occupies,	20198
will occupy, or is responsible for the facility, as determined by	20199
the commission. The construction services to be provided by the	20200
arts organization shall be specified in an agreement between the	20201
commission and the arts organization. That agreement, and any	20202
actions taken under it, are not subject to Chapter 123., 153., or	20203
4115. of the Revised Code.	20204

(B) For an Ohio sports facility that is financed in part by	20205
the Ohio building authority, construction services shall be	20206
provided on behalf of the state by or at the direction of the	20207
governmental agency or nonprofit corporation that will own or be	20208
responsible for the management of the facility, all as determined	20209
by the Ohio arts and sports facilities commission. Any	20210
construction services to be provided by a governmental agency or	20211
nonprofit corporation shall be specified in an agreement between	20212
the commission and the governmental agency or nonprofit	20213
corporation. That agreement, and any actions taken under it, are	20214
not subject to Chapter 123. or 153. of the Revised Code, except	20215
for sections 123.151 and 153.011 of the Revised Code, and shall be	20216
subject to Chapter 4115. of the Revised Code.	20217

(C) General building services for an Ohio arts facility shall	20218
be provided by the Ohio arts and sports facilities commission or	20219
by an arts organization that occupies, will occupy, or is	20220
responsible for the facility, as determined by the commission,	20221
except that the Ohio building authority may elect to provide those	20222
services for Ohio arts facilities financed with proceeds of state	20223
bonds issued by the authority. The costs of management and general	20224
building services shall be paid by the arts organization that	20225
occupies, will occupy, or is responsible for the facility as	20226
provided in an agreement between the commission and the arts	20227
organization, except that the state may pay for general building	20228
services for state-owned arts facilities constructed on	20229
state-owned land.	20230

General building services for an Ohio sports facility shall	20231
be provided by or at the direction of the governmental agency or	20232
nonprofit corporation that will be responsible for the management	20233
of the facility, all as determined by the commission. Any general	20234
building services to be provided by a governmental agency or	20235
nonprofit corporation for an Ohio sports facility shall be	20236
specified in an agreement between the commission and the	20237
governmental agency or nonprofit corporation. That agreement, and	20238
any actions taken under it, are not subject to Chapter 123. or	20239
153. of the Revised Code, except for sections 123.151 and 153.011	20240
of the Revised Code, and shall be subject to Chapter 4115. of the	20241
Revised Code.	20242

(D) This division does not apply to a state historical	20243
facility. No state funds, including any state bond proceeds, shall	20244
be spent on the construction of any arts project under this	20245
chapter unless, with respect to the arts project and to the Ohio	20246
arts facility related to the project, all of the following apply:	20247

(1) The Ohio arts and sports facilities commission has	20248
determined that there is a need for the arts project and the Ohio	20249
arts facility related to the project in the region of the state in	20250
which the Ohio arts facility is located or for which the facility	20251
is proposed.	20252

(2) The commission has determined that, as an indication of	20253
substantial regional support for the arts project, the arts	20254
organization has made provision satisfactory to the commission, in	20255
its sole discretion, for local contributions amounting to not less	20256
than fifty per cent of the total state funding for the arts	20257
project.	20258

(3) The general assembly has specifically authorized the	20259
spending of money on, or made an appropriation for, the	20260
construction of the arts project, or for rental payments relating	20261
to the financing of the construction of the arts project.	20262
Authorization to spend money, or an appropriation, for planning	20263
the arts project does not constitute authorization to spend money	20264
on, or an appropriation for, construction of the arts project.	20265

(E) No state funds, including any state bond proceeds, shall	20266
be spent on the construction of any state historical facility	20267
under this chapter unless the general assembly has specifically	20268
authorized the spending of money on, or made an appropriation for,	20269
the construction of the arts project related to the facility, or	20270
for rental payments relating to the financing of the construction	20271
of the arts project. Authorization to spend money, or an	20272
appropriation, for planning the arts project does not constitute	20273
authorization to spend money on, or an appropriation for, the	20274
construction of the arts project.	20275

(F) State funds shall not be used to pay or reimburse more	20276
than fifteen per cent of the initial estimated construction cost	20277
of an Ohio sports facility, excluding any site acquisition cost,	20278
and no state funds, including any state bond proceeds, shall be	20279
spent on any Ohio sports facility under this chapter unless, with	20280
respect to that facility, all of the following apply:	20281

(1) The Ohio arts and sports facilities commission has	20282
determined that there is a need for the facility in the region of	20283
the state for which the facility is proposed to provide the	20284
function of an Ohio sports facility as provided for in this	20285
chapter.	20286

(2) As an indication of substantial local support for the	20287
facility, the commission has received a financial and development	20288
plan satisfactory to it, and provision has been made, by agreement	20289
or otherwise, satisfactory to the commission, for a contribution	20290
amounting to not less than eighty-five per cent of the total	20291
estimated construction cost of the facility, excluding any site	20292
acquisition cost, from sources other than the state.	20293

(3) The general assembly has specifically authorized the	20294
spending of money on, or made an appropriation for, the	20295
construction of the facility, or for rental payments relating to	20296
state financing of all or a portion of the costs of constructing	20297
the facility. Authorization to spend money, or an appropriation,	20298
for planning or determining the feasibility of or need for the	20299
facility does not constitute authorization to spend money on, or	20300
an appropriation for, costs of constructing the facility.	20301

(4) If state bond proceeds are being used for the Ohio sports	20302
facility, the state or a governmental agency owns or has	20303
sufficient property interests in the facility or in the site of	20304
the facility or in the portion or portions of the facility	20305
financed from proceeds of state bonds, which may include, but is	20306
not limited to, the right to use or to require the use of the	20307
facility for the presentation of sport and athletic events to the	20308
public at the facility~~, extending for a period of not less than~~	20309
~~the greater of the useful life of the portion of the facility~~	20310
~~financed from proceeds of those bonds as determined using the~~	20311
~~guidelines for maximum maturities as provided under divisions (B),~~	20312
~~(C), and (D) of section 133.20 of the Revised Code, or the period~~	20313
~~of time remaining to the date of payment or provision for payment~~	20314
~~of outstanding state bonds allocable to costs of the facility, all~~	20315
~~as determined by the director of budget and management and~~	20316
~~certified by the director to the Ohio arts and sports facilities~~	20317
~~commission and to the Ohio building authority~~.	20318

Sec. 3501.011. (A) Except as otherwise provided in divisions	20319
(B) and (C) of this section, and except as otherwise provided in	20320
any section of Title XXXV of the Revised Code to the contrary, as	20321
used in the sections of the Revised Code relating to elections and	20322
political communications, whenever a person is required to sign or	20323
affix a signature to a declaration of candidacy, nominating	20324
petition, declaration of intent to be a write-in candidate,	20325
initiative petition, referendum petition, recall petition, or any	20326
other kind of petition, or to sign or affix a signature on any	20327
other document that is filed with or transmitted to a board of	20328
elections or the office of the secretary of state, "sign" or	20329
"signature" means that person's written, cursive-style legal mark	20330
written in that person's own hand.	20331

(B) For persons who do not use a cursive-style legal mark	20332
during the course of their regular business and legal affairs,	20333
"sign" or "signature" means that person's other legal mark that	20334
the person uses during the course of that person's regular	20335
business and legal affairs that is written in the person's own	20336
hand.	20337

(C) Any voter registration record requiring a person's	20338
signature shall be signed using the person's legal mark used in	20339
the person's regular business and legal affairs. For any purpose	20340
described in division (A) of this section, the legal mark of a	20341
registered elector shall be considered to be the mark of that	20342
elector as it appears on the elector's voter registration record.	20343

Sec. 3501.18. (A) The board of elections may divide a	20344
political subdivision, within its jurisdiction, into precincts	20345
~~and~~, establish, define, divide, rearrange, and combine the several	20346
election precincts within its jurisdiction, and change the	20347
location of the polling place for each precinct when it is	20348
necessary to maintain the requirements as to the number of voters	20349
in a precinct and to provide for the convenience of the voters and	20350
the proper conduct of elections~~, provided that no~~. No change in	20351
the number of precincts or in precinct boundaries shall be made	20352
during the twenty-five days immediately preceding a primary or	20353
general election ~~nor~~or between the first day of January and the	20354
day on which the members of county central committees are elected	20355
in the years in which those committees are elected. Except as	20356
otherwise provided in division (C) of this section, each precinct	20357
shall contain a number of electors, not to exceed one thousand	20358
four hundred, that the board of elections determines to be a	20359
reasonable number after taking into consideration the type and	20360
amount of available equipment, prior voter turnout, the size and	20361
location of each selected polling place, available parking,	20362
availability of an adequate number of poll workers, and handicap	20363
accessibility and other accessibility to the polling place.	20364

If the board changes the boundaries of a precinct after the	20365
filing of a local option election petition pursuant to sections	20366
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that	20367
calls for a local option election to be held in that precinct, the	20368
local option election shall be held in the area that constituted	20369
the precinct at the time the local option petition was filed,	20370
regardless of the change in the boundaries.	20371

If the board changes the boundaries of a precinct in order to	20372
meet the requirements of division (B)(1) of this section in a	20373
manner that causes a member of a county central committee to no	20374
longer qualify as a representative of an election precinct in the	20375
county, of a ward of a city in the county, or of a township in the	20376
county, the member shall continue to represent the precinct, ward,	20377
or township for the remainder of the member's term, regardless of	20378
the change in boundaries.	20379

In an emergency, the board may provide more than one polling	20380
place in a precinct. In order to provide for the convenience of	20381
the voters, the board may locate polling places for voting or	20382
registration outside the boundaries of precincts, provided that	20383
the nearest public school or public building shall be used if the	20384
board determines it to be available and suitable for use as a	20385
polling place. Except in an emergency, no change in the number or	20386
location of the polling places in a precinct shall be made during	20387
the twenty-five days immediately preceding a primary or general	20388
election.	20389

Electors who have failed to respond within thirty days to any	20390
confirmation notice shall not be counted in determining the size	20391
of any precinct under this section.	20392

(B)(1) Except as otherwise provided in division (B)(2) ~~or (3)~~	20393
of this section, ~~not later than August 1, 2000, the~~a board of	20394
elections shall determine all precinct boundaries using	20395
geographical units used by the United States department of	20396
commerce, bureau of the census, in reporting the decennial census	20397
of Ohio.	20398

(2) ~~When any part of the boundary of a precinct also forms a~~	20399
~~part of the boundary of a legislative district and the precinct~~	20400
~~boundary cannot be determined by August 1, 2000, using the~~	20401
~~geographical units described in division (B)(1) of this section~~	20402
~~without making that part of the precinct boundary that also forms~~	20403
~~part of the legislative district boundary different from that~~	20404
~~legislative district boundary, the board of elections may~~	20405
~~determine the boundary of that precinct using the geographical~~	20406
~~units described in division (B)(1) of this section not later than~~	20407
~~April 1, 2002. As used in this division, legislative district~~	20408
~~means a district determined under Article XI of the Ohio~~	20409
~~Constitution.~~	20410

~~(3)~~ The board of elections may apply to the secretary of	20411
state for a waiver from the requirement of division (B)(1) of this	20412
section when it is not feasible to comply with that requirement	20413
because of unusual physical boundaries or residential development	20414
practices that would cause unusual hardship for voters. The board	20415
shall identify the affected precincts and census units, explain	20416
the reason for the waiver request, and include a map illustrating	20417
where the census units will be split because of the requested	20418
waiver. If the secretary of state approves the waiver and so	20419
notifies the board of elections in writing, the board may change a	20420
precinct boundary as necessary under this section, notwithstanding	20421
the requirement in division (B)(1) of this section.	20422

(C) The board of elections may apply to the secretary of	20423
state for a waiver from the requirement of division (A) of this	20424
section regarding the number of electors in a precinct when the	20425
use of geographical units used by the United States department of	20426
commerce, bureau of the census, will cause a precinct to contain	20427
more than one thousand four hundred electors. The board shall	20428
identify the affected precincts and census units, explain the	20429
reason for the waiver request, and include a map illustrating	20430
where census units will be split because of the requested waiver.	20431
If the secretary of state approves the waiver and so notifies the	20432
board of elections in writing, the board may change a precinct	20433
boundary as necessary to meet the requirements of division (B)(1)	20434
of this section.	20435

Sec. 3501.30. (A) The board of elections shall provide for	20436
each polling place the necessary ballot boxes, official ballots,	20437
cards of instructions, registration forms, pollbooks, or poll	20438
lists, tally sheets, forms on which to make summary statements,	20439
writing implements, paper, and all other supplies necessary for	20440
casting and counting the ballots and recording the results of the	20441
voting at ~~such~~the polling place. ~~Such~~The pollbooks or poll lists	20442
shall have certificates appropriately printed ~~thereon~~on them for	20443
the signatures of all the precinct officials, by which they shall	20444
certify that, to the best of their knowledge and belief, ~~said~~the	20445
pollbooks or poll lists correctly show the names of all electors	20446
who voted in ~~such~~the polling place at the election indicated	20447
~~therein~~in the pollbook or poll list.	20448

AAll of the following shall be included among the supplies	20449
provided to each polling place:	20450

(1) A large map of each appropriate precinct ~~shall be~~	20451
~~included among the supplies to each polling place~~, which shall be	20452
displayed prominently to assist persons who desire to register or	20453
vote on election day. Each map shall show all streets within the	20454
precinct and contain identifying symbols of the precinct in bold	20455
print.	20456

~~Such supplies shall also include a~~(2) Any materials,	20457
postings, or instructions required to comply with state or federal	20458
laws;	20459

(3) A flag of the United States approximately two and	20460
one-half feet in length along the top, which shall be displayed	20461
outside the entrance to the polling place during the time it is	20462
open for voting~~. Two~~;	20463

(4) Two or more small flags of the United States	20464
approximately fifteen inches in length along the top ~~shall be~~	20465
~~provided and~~, which shall be placed at a distance of one hundred	20466
feet from the polling place on the thoroughfares or walkways	20467
leading to the polling place, to mark the distance within which	20468
persons other than election officials, witnesses, challengers,	20469
police officers, and electors waiting to mark, marking, or casting	20470
their ballots shall not loiter, congregate, or engage in any kind	20471
of election campaigning. Where small flags cannot reasonably be	20472
placed one hundred feet from the polling place, the presiding	20473
election judge shall place the flags as near to one hundred feet	20474
from the entrance to the polling place as is physically possible.	20475
Police officers and all election officials shall see that this	20476
prohibition against loitering and congregating is enforced. ~~When~~	20477

When the period of time during which the polling place is	20478
open for voting expires, all of ~~said~~the flags described in this	20479
division shall be taken into the polling place, and shall be	20480
returned to the board together with all other election ~~materials~~	20481
~~and~~ supplies required to be delivered to ~~such~~the board.	20482

(B) The board of elections shall follow the instructions and	20483
advisories of the secretary of state in the production and use of	20484
polling place supplies.	20485

Sec. 3505.08. (A) Ballots shall be provided by the board of	20486
elections for all general and special elections. ~~Such~~The ballots	20487
shall be printed with black ink on No. 2 white book paper fifty	20488
pounds in weight per ream assuming such ream to consist of five	20489
hundred sheets of such paper twenty-five by thirty-eight inches in	20490
size. Each ballot shall have attached at the top two stubs, each	20491
of the width of the ballot and not less than one-half inch in	20492
length, except that, if the board of elections has an alternate	20493
method to account for the ballots that the secretary of state has	20494
authorized, each ballot may have only one stub that shall be the	20495
width of the ballot and not less than one-half inch in length. In	20496
the case of ballots with two stubs, the stubs shall be separated	20497
from the ballot and from each other by perforated lines. The top	20498
stub shall be known as Stub B and shall have printed on its face	20499
"Stub B." The other stub shall be known as Stub A and shall have	20500
printed on its face "Stub A." Each stub shall also have printed on	20501
its face "Consecutive Number .........." ~~Each~~	20502

Each ballot of each kind of ballot provided for use in each	20503
precinct shall be numbered consecutively beginning with number 1	20504
by printing such number upon both of the stubs attached ~~thereto~~to	20505
the ballot. On ballots bearing the names of candidates, each	20506
candidate's name shall be printed in twelve point boldface upper	20507
case type in an enclosed rectangular space, and an enclosed blank	20508
rectangular space shall be provided at the left ~~thereof~~of the	20509
candidate's name. The name of the political party of a candidate	20510
nominated at a primary election or certified by a party committee	20511
shall be printed in ten point lightface upper and lower case type	20512
and shall be separated by a two point blank space. The name of	20513
each candidate shall be indented one space within ~~such~~the	20514
enclosed rectangular space, and the name of the political party	20515
shall be indented two spaces within ~~such~~the enclosed rectangular	20516
space. ~~The~~	20517

The title of each office on ~~such~~the ballots shall be printed	20518
in twelve point boldface upper and lower case type in a separate	20519
enclosed rectangular space. A four point rule shall separate the	20520
name of a candidate or a group of candidates for the same office	20521
from the title of the office next appearing below on the ballot,	20522
~~and~~; a two point rule shall separate the title of the office from	20523
the names of candidates; and a one point rule shall separate names	20524
of candidates. Headings shall be printed in display Roman type.	20525
When the names of several candidates are grouped together as	20526
candidates for the same office, there shall be printed on ~~such~~the	20527
ballots immediately below the title of ~~such~~the office and within	20528
the separate rectangular space in which ~~such~~the title is printed	20529
"Vote for not more than ........," in six point boldface upper and	20530
lower case filling the blank space with that number which will	20531
indicate the number of persons who may be lawfully elected to ~~such~~	20532
the office.	20533

Columns on ballots shall be separated from each other by a	20534
heavy vertical border or solid line at least one-eighth of an inch	20535
wide, and a similar vertical border or line shall enclose the left	20536
and right side of ballots~~, and ballots~~. Ballots shall be trimmed	20537
along the sides close to such lines.	20538

The ballots provided for by this section shall be comprised	20539
of four kinds of ballots designated as follows: ~~(A)~~ office type	20540
ballot; ~~(B)~~ nonpartisan ballot; ~~(C)~~ questions and issues ballot;	20541
~~(D)~~and presidential ballot.	20542

On the back of each office type ballot shall be printed	20543
"Official Office Type Ballot;" on the back of each nonpartisan	20544
ballot shall be printed "Official Nonpartisan Ballot;" on the back	20545
of each questions and issues ballot shall be printed "Official	20546
Questions and Issues Ballot;" and on the back of each presidential	20547
ballot shall be printed "Official Presidential Ballot." On the	20548
back of every ballot also shall be printed the date of the	20549
election at which the ballot is used and the facsimile signatures	20550
of the members of the board of the county in which the ballot is	20551
used. For the purpose of identifying the kind of ballot, the back	20552
of every ballot may be numbered in ~~such~~the order as the board	20553
shall determine. ~~Such~~The numbers shall be printed in not less	20554
than thirty-six point type above the words "Official Office Type	20555
Ballot," "Official Nonpartisan Ballot," "Official Questions and	20556
Issues Ballot," or "Official Presidential Ballot," as the case may	20557
be. Ballot boxes bearing corresponding numbers shall be furnished	20558
for each precinct in which the above-described numbered ballots	20559
are used.	20560

On the back of every ballot used, there shall be a solid	20561
black line printed opposite the blank rectangular space that is	20562
used to mark the choice of the voter. This line shall be printed	20563
wide enough so that the mark in the blank rectangular space will	20564
not be visible from the back side of the ballot.	20565

Sample ballots may be printed by the board of elections for	20566
all general elections. ~~Such~~The ballots shall be printed on	20567
colored paper, and "Sample Ballot" shall be plainly printed in	20568
boldface type on the face of each ballot. In counties of less than	20569
one hundred thousand population, the board may print not more than	20570
five hundred sample ballots; in all other counties, it may print	20571
not more than one thousand sample ballots. ~~Such~~The sample ballots	20572
shall not be distributed by a political party or a candidate, nor	20573
shall a political party or candidate cause their title or name to	20574
be imprinted ~~thereon~~on sample ballots.	20575

(B) Notwithstanding division (A) of this section, in	20576
approving the form of an official ballot, the secretary of state	20577
may authorize the use of fonts, type face settings, and ballot	20578
formats other than those prescribed in that division.	20579

Sec. 3517.092. (A) As used in this section:

20580

(1) "Appointing authority" has the same meaning as in section	20581
124.01 of the Revised Code.	20582

(2) "State elected officer" means any person appointed or	20583
elected to a state elective office.	20584

(3) "State elective office" means any of the offices of	20585
governor, lieutenant governor, secretary of state, auditor of	20586
state, treasurer of state, attorney general, member of the state	20587
board of education, member of the general assembly, and justice	20588
and chief justice of the supreme court.	20589

(4) "County elected officer" means any person appointed or	20590
elected to a county elective office.	20591

(5) "County elective office" means any of the offices of	20592
county auditor, county treasurer, clerk of the court of common	20593
pleas, sheriff, county recorder, county engineer, county	20594
commissioner, prosecuting attorney, and coroner.	20595

(6) "Contribution" includes a contribution to any political	20596
party, campaign committee, political action committee, political	20597
contributing entity, or legislative campaign fund.	20598

(B) No state elected officer, no campaign committee of such	20599
an officer, and no other person or entity shall knowingly solicit	20600
or accept a contribution on behalf of that officer or that	20601
officer's campaign committee from any of the following:	20602

(1) A state employee whose appointing authority is the state	20603
elected officer;	20604

(2) A state employee whose appointing authority is authorized	20605
or required by law to be appointed by the state elected officer;	20606

(3) A state employee who functions in or is employed in or by	20607
the same public agency, department, division, or office as the	20608
state elected officer.	20609

(C) No candidate for a state elective office, no campaign	20610
committee of such a candidate, and no other person or entity shall	20611
knowingly solicit or accept a contribution on behalf of that	20612
candidate or that candidate's campaign committee from any of the	20613
following:	20614

(1) A state employee at the time of the solicitation, whose	20615
appointing authority will be the candidate, if elected;	20616

(2) A state employee at the time of the solicitation, whose	20617
appointing authority will be appointed by the candidate, if	20618
elected, as authorized or required by law;	20619

(3) A state employee at the time of the solicitation, who	20620
will function in or be employed in or by the same public agency,	20621
department, division, or office as the candidate, if elected.	20622

(D) No county elected officer, no campaign committee of such	20623
an officer, and no other person or entity shall knowingly solicit	20624
a contribution on behalf of that officer or that officer's	20625
campaign committee from any of the following:	20626

(1) A county employee whose appointing authority is the	20627
county elected officer;	20628

(2) A county employee whose appointing authority is	20629
authorized or required by law to be appointed by the county	20630
elected officer;	20631

(3) A county employee who functions in or is employed in or	20632
by the same public agency, department, division, or office as the	20633
county elected officer.	20634

(E) No candidate for a county elective office, no campaign	20635
committee of such a candidate, and no other person or entity shall	20636
knowingly solicit a contribution on behalf of that candidate or	20637
that candidate's campaign committee from any of the following:	20638

(1) A county employee at the time of the solicitation, whose	20639
appointing authority will be the candidate, if elected;	20640

(2) A county employee at the time of the solicitation, whose	20641
appointing authority will be appointed by the candidate, if	20642
elected, as authorized or required by law;	20643

(3) A county employee at the time of the solicitation, who	20644
will function in or be employed in or by the same public agency,	20645
department, division, or office as the candidate, if elected.	20646

(F)(1) No public employee shall solicit a contribution from	20647
any person while the public employee is performing the public	20648
employee's official duties or in those areas of a public building	20649
where official business is transacted or conducted.	20650

(2) No person shall solicit a contribution from any public	20651
employee while the public employee is performing the public	20652
employee's official duties or is in those areas of a public	20653
building where official business is transacted or conducted.	20654

(3) As used in division (F) of this section, "public	20655
employee" does not include any person holding an elective office.	20656

(G) The prohibitions in divisions (B), (C), (D), (E), and (F)	20657
of this section are in addition to the prohibitions in sections	20658
124.57, ~~1553.09,~~ 3304.22, and 4503.032 of the Revised Code.	20659

Sec. 3701.021. (A) The public health council shall adopt, in	20660
accordance with Chapter 119. of the Revised Code, such rules as	20661
are necessary to carry out sections 3701.021 to ~~3701.028~~3701.0210	20662
of the Revised Code, including, but not limited to, rules to	20663
establish the following:	20664

(1) Medical and financial eligibility requirements for the	20665
program for medically handicapped children;	20666

(2) Eligibility requirements for providers of services for	20667
medically handicapped children;	20668

(3) Procedures to be followed by the department of health in	20669
disqualifying providers for violating requirements adopted under	20670
division (A)(2) of this section;	20671

(4) Procedures to be used by the department regarding	20672
application for diagnostic services under division (B) of section	20673
3701.023 of the Revised Code and payment for those services under	20674
division (E) of that section;	20675

(5) Standards for the provision of service coordination by	20676
the department of health and city and general health districts;	20677

(6) Procedures for the department to use to determine the	20678
amount to be paid annually by each county for services for	20679
medically handicapped children and to allow counties to retain	20680
funds under divisions (A)(2) and (3) of section 3701.024 of the	20681
Revised Code;	20682

(7) Financial eligibility requirements for services for Ohio	20683
residents twenty-one years of age or older who have cystic	20684
fibrosis;	20685

(8) Criteria for payment of approved providers who provide	20686
services for medically handicapped children;	20687

(9) Criteria for the department to use in determining whether	20688
the payment of health insurance premiums of participants in the	20689
program for medically handicapped children is cost-effective;	20690

(10) Procedures for appeal of denials of applications under	20691
divisions (A) and (D) of section 3701.023 of the Revised Code,	20692
disqualification of providers, and amounts paid for services;	20693

(11) Terms of appointment for members of the medically	20694
handicapped children's medical advisory council created in section	20695
3701.025 of the Revised Code;	20696

(12) Eligibility requirements for the hemophilia program,	20697
including income and hardship requirements.	20698

(B) The department of health shall develop a manual of	20699
operational procedures and guidelines for the program for	20700
medically handicapped children to implement sections 3701.021 to	20701
~~3701.028~~3701.0210 of the Revised Code.	20702

Sec. 3701.022. As used in sections 3701.021 to ~~3701.028~~	20703
3701.0210 of the Revised Code:	20704

(A) "Medically handicapped child" means an Ohio resident	20705
under twenty-one years of age who suffers primarily from an	20706
organic disease, defect, or a congenital or acquired physically	20707
handicapping and associated condition that may hinder the	20708
achievement of normal growth and development.	20709

(B) "Provider" means a health professional, hospital, medical	20710
equipment supplier, and any individual, group, or agency that is	20711
approved by the department of health pursuant to division (C) of	20712
section 3701.023 of the Revised Code and that provides or intends	20713
to provide goods or services to a child who is eligible for the	20714
program for medically handicapped children.	20715

(C) "Service coordination" means case management services	20716
provided to medically handicapped children that promote effective	20717
and efficient organization and utilization of public and private	20718
resources and ensure that care rendered is family-centered,	20719
community-based, and coordinated.	20720

(D)(1) "Third party" means any person or government entity	20721
other than the following:	20722

(a) A medically handicapped child participating in the	20723
program for medically handicapped children or the child's parent	20724
or guardian;	20725

(b) The department or any program administered by the	20726
department, including the "Maternal and Child Health Block Grant,"	20727
Title V of the "Social Security Act," 95 Stat. 818 (1981), 42	20728
U.S.C.A. 701, as amended;	20729

(c) The "caring program for children" operated by the	20730
nonprofit community mutual insurance corporation.	20731

(2) "Third party" includes all of the following:

20732

(a) Any trust established to benefit a medically handicapped	20733
child participating in the program or the child's family or	20734
guardians, if the trust was established after the date the	20735
medically handicapped child applied to participate in the program;	20736

(b) That portion of a trust designated to pay for the medical	20737
and ancillary care of a medically handicapped child, if the trust	20738
was established on or before the date the medically handicapped	20739
child applied to participate in the program;	20740

(c) The program awarding reparations to victims of crime	20741
established under sections 2743.51 to 2743.72 of the Revised Code.	20742

(E) "Third-party benefits" means any and all benefits paid by	20743
a third party to or on behalf of a medically handicapped child	20744
participating in the program or the child's parent or guardian for	20745
goods or services that are authorized by the department pursuant	20746
to division (B) or (D) of section 3701.023 of the Revised Code.	20747

(F) "Hemophilia program" means the hemophilia program the	20748
department of health is required to establish and administer under	20749
section 3701.029 of the Revised Code.	20750

Sec. 3701.024. (A)(1) Under a procedure established in rules	20751
adopted under section 3701.021 of the Revised Code, the department	20752
of health shall determine the amount each county shall provide	20753
annually for the program for medically handicapped children, based	20754
on a proportion of the county's total general property tax	20755
duplicate, not to exceed one-tenth of a mill ~~through fiscal year~~	20756
~~2005 and three-tenths of a mill thereafter~~, and charge the county	20757
for any part of expenses incurred under the program for treatment	20758
services on behalf of medically handicapped children having legal	20759
settlement in the county that is not paid from federal funds or	20760
through the medical assistance program established under section	20761
5111.01 of the Revised Code. The department shall not charge the	20762
county for expenses exceeding the difference between the amount	20763
determined under division (A)(1) of this section and any amounts	20764
retained under divisions (A)(2) and (3) of this section.	20765

All amounts collected by the department under division (A)(1)	20766
of this section shall be deposited into the state treasury to the	20767
credit of the medically handicapped children-county assessment	20768
fund, which is hereby created. The fund shall be used by the	20769
department to comply with sections 3701.021 to 3701.028 of the	20770
Revised Code.	20771

(2) The department, in accordance with rules adopted under	20772
section 3701.021 of the Revised Code, may allow each county to	20773
retain up to ten per cent of the amount determined under division	20774
(A)(1) of this section to provide funds to city or general health	20775
districts of the county with which the districts shall provide	20776
service coordination, public health nursing, or transportation	20777
services for medically handicapped children.	20778

(3) In addition to any amount retained under division (A)(2)	20779
of this section, the department, in accordance with rules adopted	20780
under section 3701.021 of the Revised Code, may allow counties	20781
that it determines have significant numbers of potentially	20782
eligible medically handicapped children to retain an amount equal	20783
to the difference between:	20784

(a) Twenty-five per cent of the amount determined under	20785
division (A)(1) of this section;	20786

(b) Any amount retained under division (A)(2) of this	20787
section.	20788

Counties shall use amounts retained under division (A)(3) of	20789
this section to provide funds to city or general health districts	20790
of the county with which the districts shall conduct outreach	20791
activities to increase participation in the program for medically	20792
handicapped children.	20793

(4) Prior to any increase in the millage charged to a county,	20794
the public health council shall hold a public hearing on the	20795
proposed increase and shall give notice of the hearing to each	20796
board of county commissioners that would be affected by the	20797
increase at least thirty days prior to the date set for the	20798
hearing. Any county commissioner may appear and give testimony at	20799
the hearing. Any increase in the millage any county is required to	20800
provide for the program for medically handicapped children shall	20801
be determined, and notice of the amount of the increase shall be	20802
provided to each affected board of county commissioners, no later	20803
than the first day of June of the fiscal year next preceding the	20804
fiscal year in which the increase will take effect.	20805

(B) Each board of county commissioners shall establish a	20806
medically handicapped children's fund and shall appropriate	20807
thereto an amount, determined in accordance with division (A)(1)	20808
of this section, for the county's share in providing medical,	20809
surgical, and other aid to medically handicapped children residing	20810
in such county and for the purposes specified in divisions (A)(2)	20811
and (3) of this section. Each county shall use money retained	20812
under divisions (A)(2) and (3) of this section only for the	20813
purposes specified in those divisions.	20814

Sec. 3701.029. Subject to available funds, the department of	20815
health shall establish and administer a hemophilia program to	20816
provide payment of health insurance premiums for Ohio residents	20817
who meet all of the following requirements:	20818

(A) Have been diagnosed with hemophilia or a related bleeding	20819
disorder;	20820

(B) Are at least twenty-one years of age;

20821

(C) Meet the eligibility requirements established by rules	20822
adopted under division (A)(12) of section 3701.021 of the Revised	20823
Code.	20824

~~Sec. 3701.145.~~ Sec. 3701.0210. The ~~director of health~~medically	20825
handicapped children's medical advisory council shall ~~establish~~	20826
appoint a hemophilia advisory ~~council~~subcommittee to advise the	20827
director ~~and the department~~ of health and council on all matters	20828
pertaining to the care and treatment of persons with hemophilia.	20829
The ~~council~~subcommittee shall consist of not fewer than ~~nineteen~~	20830
fifteen members, each of whom shall be appointed ~~by the director~~	20831
to terms of four years. The members of the ~~council~~subcommittee	20832
shall elect a chairperson from among the appointed membership to	20833
serve a term of two years. Members of the ~~council~~subcommittee	20834
shall serve without compensation, except that they may be	20835
reimbursed for travel expenses to and from meetings of the ~~council~~	20836
subcommittee.	20837

Members shall be appointed to represent all geographic areas	20838
of this state. Not fewer than five members of the ~~council~~	20839
subcommittee shall be persons with hemophilia or family members of	20840
persons with hemophilia. Not fewer than five members shall be	20841
providers of health care services to persons with hemophilia. Not	20842
fewer than five members shall be experts in fields of importance	20843
to treatment of persons with hemophilia, including experts in	20844
infectious diseases, insurance, and law.	20845

~~The council shall submit to the director of health, the~~	20846
~~governor, and the general assembly, a report no later than the~~	20847
~~thirtieth day of September of each year summarizing the current~~	20848
~~status and needs of persons in this state with hemophilia and of~~	20849
~~family members of persons with hemophilia.~~	20850

Notwithstanding section 101.83 of the Revised Code, that	20851
section does not apply to the medically handicapped children's	20852
medical advisory council hemophilia advisory subcommittee, and the	20853
subcommittee shall not expire under that section.	20854

Sec. 3701.141. (A) There is hereby created in the department	20855
of health the ~~office of~~ women's health ~~initiatives~~program,	20856
~~consisting of the chief of the office and an administrative~~	20857
~~assistant. To the extent of available funds, other positions~~	20858
~~determined necessary and relevant by the director of health may be~~	20859
~~added. The administrative assistant and all other employees~~	20860
~~assigned to the office shall report to the chief and the chief to~~	20861
~~the director or the deputy specified by the director~~.	20862

(B) To the extent funds are available, the ~~office of~~ women's	20863
health ~~initiatives~~program shall:	20864

(1) Identify, review, and assist the director in the	20865
coordination of programs and resources the department of health is	20866
committing to women's health concerns, including the department's	20867
women's and infants' program activities;	20868

(2) Advocate for women's health by requesting that the	20869
department conduct, sponsor, encourage, or fund research;	20870
establish additional programs regarding women's health concerns as	20871
needed; and monitor the research and program efforts;	20872

(3) Collect, classify, and store relevant research conducted	20873
by the department or other entities, and provide, unless otherwise	20874
prohibited by law, interested persons access to research results;	20875

(4) ~~Generate~~Apply for grant ~~activities~~opportunities.

20876

~~(C) Prior to the director's report to the governor on the~~	20877
~~department's biennial budget request, the office of women's health~~	20878
~~initiatives shall submit in writing to the director of health a~~	20879
~~biennial report of recommended programs, projects, and research to~~	20880
~~address critical issues in women's health.~~	20881

Sec. 3701.78. (A) There is hereby created the commission on	20882
minority health, consisting of eighteen members. The governor	20883
shall appoint to the commission nine members from among health	20884
researchers, health planners, and health professionals. The	20885
speaker of the house of representatives shall appoint to the	20886
commission two members of the house of representatives, not more	20887
than one of whom is a member of the same political party, and the	20888
president of the senate shall appoint to the commission two	20889
members of the senate, not more than one of whom is a member of	20890
the same political party. The directors of health, mental health,	20891
mental retardation and developmental disabilities, and job and	20892
family services, or their designees, and the superintendent of	20893
public instruction, or the superintendent's designee, shall be	20894
members of the commission. The commission shall elect a	20895
chairperson from among its members. Of the members appointed by	20896
the governor, five shall be appointed to initial terms of one	20897
year, and four shall be appointed to initial terms of two years.	20898
Thereafter, all members appointed by the governor shall be	20899
appointed to terms of two years. All members of the commission	20900
appointed by the speaker of the house of representatives or the	20901
president of the senate shall be nonvoting members of the	20902
commission and be appointed within thirty days after the	20903
commencement of the first regular session of each general	20904
assembly, and shall serve until the expiration of the session of	20905
the general assembly during which they were appointed. Members of	20906
the commission shall serve without compensation, but shall be	20907
reimbursed for the actual and necessary expenses they incur in the	20908
performance of their official duties.	20909

(B)(1) The commission shall promote health and the prevention	20910
of disease among members of minority groups. Each year the	20911
commission shall distribute grants from available funds to	20912
community-based health groups to be used to promote health and the	20913
prevention of disease among members of minority groups. As used in	20914
~~this~~ division (B) of this section, "minority group" means any of	20915
the following economically disadvantaged groups: Blacks, American	20916
Indians, Hispanics, and Orientals. The commission shall adopt and	20917
maintain rules pursuant to Chapter 119. of the Revised Code to	20918
provide for the distribution of these grants. No group shall	20919
qualify to receive a grant from the commission unless it receives	20920
at least twenty per cent of its funds from sources other than	20921
grants distributed under this section.	20922

(2) The commission shall implement an African-American males	20923
program. Pursuant to this program, the commission shall do all of	20924
the following:	20925

(a) Oversee and supervise four separate and distinct	20926
subcommittees devoted to solving problems and advancing	20927
recommendations exclusively pertinent to black males in the areas	20928
of unemployment, criminal justice, education, and health;	20929

(b) Conduct research to determine the nature and extent of	20930
the problems concerning black males in the four areas targeted in	20931
division (B)(2)(a) of this section;	20932

20933

(d) Identify existing federal, state, and local programs that	20934
address problems and solutions relevant to the four targeted areas	20935
of study;	20936

(e) Implement appropriate new programs and demonstration	20937
projects especially designed for black males;	20938

(f) Develop and implement community education and public	20939
awareness programs especially designed for black males;	20940

(g) Develop strategies to improve the social condition of	20941
black males;	20942

(h) Report to the governor, the general assembly, the auditor	20943
of state, the secretary of state, the attorney general, and the	20944
chief justice of the Ohio supreme court at least biennially on the	20945
activities, findings, and recommendations of the commission;	20946

(i) Accept gifts, grants, donations, contributions, benefits,	20947
and other funds from any public agency or private source to carry	20948
out any or all of the commission's powers or duties under the	20949
program. Such funds shall be deposited in the commission on	20950
African-American males program fund, which is hereby created in	20951
the state treasury. All gifts, grants, donations, contributions,	20952
benefits, and other funds received by the commission under	20953
division (B)(2)(i) of this section, when appropriated to the	20954
commission, shall be used solely to support the operation of the	20955
program.	20956

(C) The commission may appoint such employees as it considers	20957
necessary to carry out its duties under this section. The	20958
department of health shall provide office space for the	20959
commission.	20960

(D) The commission shall meet at the call of its chairperson	20961
to conduct its official business. A majority of the voting members	20962
of the commission constitute a quorum. The votes of at least eight	20963
voting members of the commission are necessary for the commission	20964
to take any official action or to approve the distribution of	20965
grants under this section.	20966

(E) The chairperson of the commission may appoint any number	20967
of individuals to serve on the subcommittees created in division	20968
(B)(2)(a) of this section. Members of subcommittees serve at the	20969
discretion of the chairperson.	20970

Sec. 3702.31. (A) The quality monitoring and inspection fund	20971
is hereby created in the state treasury. The director of health	20972
shall use the fund to administer and enforce this section and	20973
sections 3702.11 to 3702.20, 3702.30, and 3702.32 of the Revised	20974
Code and rules adopted pursuant to those sections. The director	20975
shall deposit in the fund any moneys collected pursuant to this	20976
section or section 3702.32 of the Revised Code. All investment	20977
earnings of the fund shall be credited to the fund.	20978

(B) The director of health shall adopt rules pursuant to	20979
Chapter 119. of the Revised Code establishing fees for both of the	20980
following:	20981

(1) Initial and renewal license applications submitted under	20982
section 3702.30 of the Revised Code. The fees established under	20983
division (B)(1) of this section shall not exceed the actual and	20984
necessary costs of performing the activities described in division	20985
(A) of this section.	20986

(2) Inspections conducted under section 3702.15 or 3702.30 of	20987
the Revised Code. The fees established under division (B)(2) of	20988
this section shall not exceed the actual and necessary costs	20989
incurred during an inspection, including any indirect costs	20990
incurred by the department for staff, salary, or other	20991
administrative costs. The director of health shall provide to each	20992
health care facility or provider inspected pursuant to section	20993
3702.15 or 3702.30 of the Revised Code a written statement of the	20994
fee. The statement shall itemize and total the costs incurred.	20995
Within fifteen days after receiving a statement from the director,	20996
the facility or provider shall forward the total amount of the fee	20997
to the director.	20998

(3) The fees described in divisions (B)(1) and (2) of this	20999
section shall meet both of the following requirements:	21000

(a) For each service described in section 3702.11 of the	21001
Revised Code, the fee shall not exceed one thousand ~~two~~seven	21002
hundred fifty dollars annually, except that the total fees charged	21003
to a health care provider under this section shall not exceed five	21004
thousand dollars annually.	21005

(b) The fee shall exclude any costs reimbursable by the	21006
United States health care financing administration as part of the	21007
certification process for the medicare program established under	21008
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	21009
U.S.C.A. 301, as amended, and the medicaid program established	21010
under Title XIX of that act.	21011

(4) The director shall not establish a fee for any service	21012
for which a licensure or inspection fee is paid by the health care	21013
provider to a state agency for the same or similar licensure or	21014
inspection.	21015

Sec. 3702.63. As specified in former Section 11 of Am. Sub.	21016
S.B. 50 of the 121st general assembly, as amended by Am. Sub. H.B.	21017
405 of the 124th general assembly, all of the following apply:	21018

(A) The removal of former divisions (E) and (F) of section	21019
3702.52 of the Revised Code by Sections 1 and 2 of Am. Sub. S.B.	21020
50 of the 121st general assembly does not release the holders of	21021
certificates of need issued under those divisions from complying	21022
with any conditions on which the granting of the certificates of	21023
need was based, including the requirement of former division	21024
(E)(6) of that section that the holders not enter into provider	21025
agreements under Chapter 5111. of the Revised Code and Title XIX	21026
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301,	21027
as amended, for at least ten years following initial licensure of	21028
the long-term care facilities for which the certificates were	21029
granted.	21030

(B) The repeal of section 3702.55 of the Revised Code by	21031
Section 2 of Am. Sub. S.B. 50 of the 121st general assembly does	21032
not release the holders of certificates of need issued under that	21033
section from complying with any conditions on which the granting	21034
of the certificates of need was based, other than the requirement	21035
of division (A)(6) of that section that the holders not seek	21036
certification under Title XVIII of the "Social Security Act" for	21037
beds recategorized under the certificates. That repeal also does	21038
not eliminate the requirement that the director of health revoke	21039
the licensure of the beds under Chapter 3721. of the Revised Code	21040
if a person to which their ownership is transferred fails, as	21041
required by division (A)(6) of the repealed section, to file	21042
within ten days after the transfer a sworn statement not to seek	21043
certification under Title XIX of the "Social Security Act" for	21044
beds recategorized under the certificates of need.	21045

(C) The repeal of section 3702.56 of the Revised Code by	21046
Section 2 of Am. Sub. S.B. 50 of the 121st general assembly does	21047
not release the holders of certificates of need issued under that	21048
section from complying with any conditions on which the granting	21049
of the certificates of need was based.	21050

Sec. 3702.68. (A) Notwithstanding sections 3702.51 to	21051
3702.62 of the Revised Code, this section applies to the review of	21052
certificate of need applications during the period beginning July	21053
1, 1993, and ending June 30, ~~2003~~2005.	21054

(B)(1) Except as provided in division (B)(2) of this section,	21055
the director of health shall neither grant nor deny any	21056
application for a certificate of need submitted prior to July 1,	21057
1993, if the application was for any of the following and the	21058
director had not issued a written decision concerning the	21059
application prior to that date:	21060

(a) Approval of beds in a new health care facility or an	21061
increase of beds in an existing health care facility, if the beds	21062
are proposed to be licensed as nursing home beds under Chapter	21063
3721. of the Revised Code;	21064

(b) Approval of beds in a new county home or new county	21065
nursing home as defined in section 5155.31 of the Revised Code, or	21066
an increase of beds in an existing county home or existing county	21067
nursing home, if the beds are proposed to be certified as skilled	21068
nursing facility beds under Title XVIII or nursing facility beds	21069
under Title XIX of the "Social Security Act," 49 Stat. 620 (1935),	21070
42 U.S.C.A. 301, as amended;	21071

(c) Recategorization of hospital beds as described in section	21072
3702.522 of the Revised Code, an increase of hospital beds	21073
registered pursuant to section 3701.07 of the Revised Code as	21074
long-term care beds or skilled nursing facility beds, or a	21075
recategorization of hospital beds that would result in an increase	21076
of beds registered pursuant to that section as long-term care beds	21077
or skilled nursing facility beds.	21078

On July 1, 1993, the director shall return each such	21079
application to the applicant and, notwithstanding section 3702.52	21080
of the Revised Code regarding the uses of the certificate of need	21081
fund, shall refund to the applicant the application fee paid under	21082
that section. Applications returned under division (B)(1) of this	21083
section may be resubmitted in accordance with section 3702.52 of	21084
the Revised Code no sooner than July 1, ~~2003~~2005.	21085

(2) The director shall continue to review and shall issue a	21086
decision regarding any application submitted prior to July 1,	21087
1993, to increase beds for either of the purposes described in	21088
division (B)(1)(a) or (b) of this section if the proposed increase	21089
in beds is attributable solely to a replacement or relocation of	21090
existing beds within the same county. The director shall authorize	21091
under such an application no additional beds beyond those being	21092
replaced or relocated.	21093

(C)(1) Except as provided in division (C)(2) of this section,	21094
the director, during the period beginning July 1, 1993, and ending	21095
June 30, ~~2003~~2005, shall not accept for review under section	21096
3702.52 of the Revised Code any application for a certificate of	21097
need for any of the purposes described in divisions (B)(1)(a) to	21098
(c) of this section.	21099

(2) The director shall accept for review any application for	21100
either of the purposes described in division (B)(1)(a) or (b) of	21101
this section if the proposed increase in beds is attributable	21102
solely to a replacement or relocation of existing beds within the	21103
same county. The director shall authorize under such an	21104
application no additional beds beyond those being replaced or	21105
relocated. The director also shall accept for review any	21106
application that seeks certificate of need approval for existing	21107
beds located in an infirmary that is operated exclusively by a	21108
religious order, provides care exclusively to members of religious	21109
orders who take vows of celibacy and live by virtue of their vows	21110
within the orders as if related, and was providing care	21111
exclusively to members of such a religious order on January 1,	21112
1994.	21113

(D) The director shall issue a decision regarding any case	21114
remanded by a court as the result of a decision issued by the	21115
director prior to July 1, 1993, to grant, deny, or withdraw a	21116
certificate of need for any of the purposes described in divisions	21117
(B)(1)(a) to (c) of this section.	21118

(E) The director shall not project the need for beds listed	21119
in division (B)(1) of this section for the period beginning July	21120
1, 1993, and ending June 30, ~~2003~~2005.	21121

This section is an interim section effective until July 1,	21122
~~2003~~2005.	21123

Sec. 3702.74. (A) A primary care physician who has signed a	21124
letter of intent under section 3702.73 of the Revised Code, the	21125
director of health, and the Ohio board of regents may enter into a	21126
contract for the physician's participation in the physician loan	21127
repayment program. A lending institution may also be a party to	21128
the contract.	21129

(B) The contract shall include all of the following	21130
obligations:	21131

(1) The primary care physician agrees to provide primary care	21132
services in the health resource shortage area identified in the	21133
letter of intent for at least two years or one year per twenty	21134
thousand dollars of repayment agreed to under division (B)(3) of	21135
this section, whichever is greater;	21136

(2) When providing primary care services in the health	21137
resource shortage area, the primary care physician agrees to do	21138
all of the following:	21139

(a) Provide primary care services for a minimum of forty	21140
hours per week;	21141

(b) Provide primary care services without regard to a	21142
patient's ability to pay;	21143

(c) Meet the conditions prescribed by the "Social Security	21144
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and the	21145
department of job and family services for participation in the	21146
medical assistance program established under Chapter 5111. of the	21147
Revised Code and enter into a contract with the department to	21148
provide primary care services to recipients of the medical	21149
assistance program;	21150

(d) Meet the conditions established by the department of job	21151
and family services for participation in the disability ~~assistance~~	21152
medical assistance program established under Chapter 5115. of the	21153
Revised Code and enter into a contract with the department to	21154
provide primary care services to recipients of disability medical	21155
assistance.	21156

(3) The Ohio board of regents agrees, as provided in section	21157
3702.75 of the Revised Code, to repay, so long as the primary care	21158
physician performs the service obligation agreed to under division	21159
(B)(1) of this section, all or part of the principal and interest	21160
of a government or other educational loan taken by the primary	21161
care physician for expenses described in section 3702.75 of the	21162
Revised Code;	21163

(4) The primary care physician agrees to pay the board the	21164
following as damages if the physician fails to complete the	21165
service obligation agreed to under division (B)(1) of this	21166
section:	21167

(a) If the failure occurs during the first two years of the	21168
service obligation, three times the total amount the board has	21169
agreed to repay under division (B)(3) of this section;	21170

(b) If the failure occurs after the first two years of the	21171
service obligation, three times the amount the board is still	21172
obligated to repay under division (B)(3) of this section.	21173

(C) The contract may include any other terms agreed upon by	21174
the parties, including an assignment to the Ohio board of regents	21175
of the physician's duty to pay the principal and interest of a	21176
government or other educational loan taken by the physician for	21177
expenses described in section 3702.75 of the Revised Code. If the	21178
board assumes the physician's duty to pay a loan, the contract	21179
shall set forth the total amount of principal and interest to be	21180
paid, an amortization schedule, and the amount of each payment to	21181
be made under the schedule.	21182

Sec. 3705.23. (A)(1) Except as otherwise provided in this	21183
section, the director of health, the state registrar, or a local	21184
registrar, on receipt of a signed application and the fee	21185
specified in section 3705.24 of the Revised Code, shall issue a	21186
certified copy of a vital record, or of a part of a vital record,	21187
in the director's or registrar's custody to any applicant, unless	21188
the vital record has ceased to be a public record pursuant to	21189
section 3705.09, 3705.11, 3705.12, or 3705.15 of the Revised Code.	21190
The certified copy shall show the date the vital record was	21191
registered by the local registrar.	21192

(2) A certified copy of a vital record may be made by a	21193
mechanical, electronic, or other reproduction process. It shall be	21194
certified as a true copy by the director, state registrar, or	21195
local registrar who has custody of the record and shall include	21196
the date of issuance, the name of the issuing officer, the	21197
signature of the officer or an authorized facsimile of the	21198
signature, and the seal of the issuing office.	21199

(3) A certified copy of a vital record or of any part of a	21200
vital record, issued in accordance with this section, shall be	21201
considered for all purposes the same as the original and shall be	21202
prima-facie evidence of the facts stated in it in all courts and	21203
places.	21204

(4)(a) Information contained in the "information for medical	21205
and health use only" section of a birth record shall not be	21206
included as part of a certified copy of the birth record unless	21207
the information specifically is requested by the individual to	21208
whose birth the record attests, either of the individual's parents	21209
or the individual's guardian, a lineal descendant, or an official	21210
of the federal or state government or of a political subdivision	21211
of the state charged by law with detecting or prosecuting crime.	21212

(b) Except as provided in division (A)(4)(a) of this section,	21213
neither the office of vital statistics nor a local registrar shall	21214
disclose information contained in the "information for medical and	21215
health use only" section of a birth record unless a court, for	21216
good cause shown, orders disclosure of the information or the	21217
state registrar specifically authorizes release of the information	21218
for statistical or research purposes under conditions the state	21219
registrar, subject to the approval of the director of health,	21220
shall establish by rule.	21221

(B)(1) Unless the applicant specifically requests a certified	21222
copy, the director, the state registrar, or a local registrar, on	21223
receipt of a signed application for a birth record and the fee	21224
specified in section 3705.24 of the Revised Code, may issue a	21225
certification of birth, and the certification of birth shall	21226
contain at least the name, sex, date of birth, registration date,	21227
and place of birth of the person to whose birth the record attests	21228
and shall attest that the person's birth has been registered. A	21229
certification of birth shall be prima-facie evidence of the facts	21230
stated in it in all courts and places.	21231

(2) The director or the state registrar, on the receipt of a	21232
signed application for an heirloom certification of birth and the	21233
fee specified in section 3705.24 of the Revised Code, may issue an	21234
heirloom certification of birth. The director shall prescribe by	21235
rule guidelines for the form of an heirloom certification of	21236
birth, and the guidelines shall require the heirloom certification	21237
of birth to contain at least the name, sex, date of birth,	21238
registration date, and place of birth of the person to whose birth	21239
the record attests and to attest that the person's birth has been	21240
registered. An heirloom certification of birth shall be	21241
prima-facie evidence of the facts stated in it in all courts and	21242
places.	21243

(C) On evidence that a birth certificate was registered	21244
through misrepresentation or fraud, the state registrar may	21245
withhold the issuance of a certified copy of the birth record or a	21246
certification of birth until a court makes a determination that no	21247
misrepresentation or fraud occurred.	21248

~~(D) Except as provided in division (A)(4)(b) of this section,~~	21249
~~the state registrar and a local registrar, on request, shall~~	21250
~~provide uncertified copies of vital records in accordance with~~	21251
~~section 149.43 of the Revised Code.~~	21252

Sec. 3705.24. (A) ~~Except as otherwise provided in this~~	21253
~~division or division (G) of this section, the fee for a certified~~	21254
~~copy of a vital record or for a certification of birth shall be~~	21255
~~seven dollars plus any fee required by section 3109.14 of the~~	21256
~~Revised Code. Except as provided in section 3705.241 of the~~	21257
~~Revised Code, the fee for a certified copy of a vital record or~~	21258
~~for a certification of birth issued by the office of vital~~	21259
~~statistics shall be an amount prescribed by the public health~~	21260
~~council plus any fee required by section 3109.14 of the Revised~~	21261
~~Code. The fee for a certified copy of a vital record or for a~~	21262
~~certification of birth issued by a health district shall be an~~	21263
~~amount prescribed in accordance with section 3709.09 of the~~	21264
~~Revised Code plus any fee required by section 3109.14 of the~~	21265
~~Revised Code. No certified copy of a vital record or certification~~	21266
~~of birth shall be issued without payment of the fee unless~~	21267
~~otherwise specified by statute.~~	21268

~~For a special search of the files and records to determine a~~	21269
~~date or place contained in a record on file, the office of vital~~	21270
~~statistics shall charge a fee of three dollars for each hour or~~	21271
~~fractional part of an hour required for the search.~~	21272

~~(B)~~(1) The public health council shall, in accordance with	21273
section 111.15 of the Revised Code, adopt rules prescribing fees	21274
for the following services provided by the state office of vital	21275
statistics:	21276

(a) Except as provided in division (A)(4) of this section:

21277

(i) A certified copy of a vital record or a certification of	21278
birth;	21279

(ii) A search by the office of vital statistics of its files	21280
and records pursuant to a request for information, regardless of	21281
whether a copy of a record is provided;	21282

(iii) A copy of a record provided pursuant to a request;

21283

(b) Replacement of a birth certificate following an adoption,	21284
legitimation, paternity determination or acknowledgement, or court	21285
order;	21286

21287

(d) Amendment of a vital record that is requested later than	21288
one year after the filing date of the vital record;	21289

(e) Any other documents or services for which the public	21290
health council considers the charging of a fee appropriate.	21291

(2) Fees prescribed under division (A)(1)(a) of this section	21292
shall not be less than seven dollars.	21293

(3) Fees prescribed under division (A)(1) of this section	21294
shall be collected in addition to any fee required by section	21295
3109.14 of the Revised Code.	21296

(4) Fees prescribed under division (A) of this section shall	21297
not apply to certifications issued under division (H) of this	21298
section or copies provided under section 3705.241 of the Revised	21299
Code.	21300

(B) In addition to the fees prescribed under division (A) of	21301
this section or section 3709.09 of the Revised Code, the office of	21302
vital statistics or the board of health of a city or general	21303
health district shall charge a five-dollar fee for each certified	21304
copy of a vital record and each certification of birth. This fee	21305
shall be deposited in the general operations fund created under	21306
section 3701.83 of the Revised Code and be used solely toward the	21307
modernization and automation of the system of vital records in	21308
this state. A board of health shall forward all fees collected	21309
under this division to the department of health not later than	21310
thirty days after the end of each calendar quarter.	21311

(C) Except as otherwise provided in division ~~(G)~~(H) of this	21312
section, and except as provided in section 3705.241 of the Revised	21313
Code, fees collected by the director of health under sections	21314
3705.01 to 3705.29 of the Revised Code shall be paid into the	21315
state treasury to the credit of the general operations fund	21316
created by section 3701.83 of the Revised Code. ~~Money~~Except as	21317
provided in division (B) of this section, money generated by the	21318
fees shall be used only for administration and enforcement of this	21319
chapter and the rules adopted under it. Amounts submitted to the	21320
department of health for copies of vital records or services in	21321
excess of the fees imposed by this section shall be dealt with as	21322
follows:	21323

(1) An overpayment of two dollars or less shall be retained	21324
by the department and deposited in the state treasury to the	21325
credit of the general operations fund created by section 3701.83	21326
of the Revised Code.	21327

(2) An overpayment in excess of two dollars shall be returned	21328
to the person who made the overpayment.	21329

~~(C)~~(D) If a local registrar is a salaried employee of a city	21330
or a general health district, any fees the local registrar	21331
receives pursuant to section 3705.23 of the Revised Code shall be	21332
paid into the general fund of the city or the health fund of the	21333
general health district.	21334

Each local registrar of vital statistics, or each health	21335
district where the local registrar is a salaried employee of the	21336
district, shall be entitled to a fee for each birth, fetal death,	21337
death, or military service certificate properly and completely	21338
made out and registered with the local registrar or district and	21339
correctly copied and forwarded to the office of vital statistics	21340
in accordance with the population of the primary registration	21341
district at the last federal census. The fee for each birth, fetal	21342
death, death, or military service certificate shall be:	21343

(1) In primary registration districts of over two hundred	21344
fifty thousand, twenty cents;	21345

(2) In primary registration districts of over one hundred	21346
twenty-five thousand and less than two hundred fifty thousand,	21347
sixty cents;	21348

(3) In primary registration districts of over fifty thousand	21349
and less than one hundred twenty-five thousand, eighty cents;	21350

(4) In primary registration districts of less than fifty	21351
thousand, one dollar.	21352

~~(D)~~(E) The director of health shall annually certify to the	21353
county treasurers of the several counties the number of birth,	21354
fetal death, death, and military service certificates registered	21355
from their respective counties with the names of the local	21356
registrars and the amounts due each registrar and health district	21357
at the rates fixed in this section. Such amounts shall be paid by	21358
the treasurer of the county in which the registration districts	21359
are located. No fees shall be charged or collected by registrars	21360
except as provided by this chapter and section 3109.14 of the	21361
Revised Code.	21362

~~(E)~~(F) A probate judge shall be paid a fee of fifteen cents	21363
for each certified abstract of marriage prepared and forwarded by	21364
the probate judge to the department of health pursuant to section	21365
3705.21 of the Revised Code. The fee shall be in addition to the	21366
fee paid for a marriage license and shall be paid by the	21367
applicants for the license.	21368

~~(F)~~(G) The clerk of a court of common pleas shall be paid a	21369
fee of one dollar for each certificate of divorce, dissolution,	21370
and annulment of marriage prepared and forwarded by the clerk to	21371
the department pursuant to section 3705.21 of the Revised Code.	21372
The fee for the certified abstract of divorce, dissolution, or	21373
annulment of marriage shall be added to the court costs allowed in	21374
these cases.	21375

~~(G)~~(H) The fee for an heirloom certification of birth issued	21376
pursuant to division (B)(2) of section 3705.23 of the Revised Code	21377
shall be an amount prescribed by rule by the director of health	21378
plus any fee required by section 3109.14 of the Revised Code. In	21379
setting the amount of the fee, the director shall establish a	21380
surcharge in addition to an amount necessary to offset the expense	21381
of processing heirloom certifications of birth. The fee prescribed	21382
by the director of health pursuant to this division shall be	21383
deposited into the state treasury to the credit of the heirloom	21384
certification of birth fund which is hereby created. Money	21385
credited to the fund shall be used by the office of vital	21386
statistics to offset the expense of processing heirloom	21387
certifications of birth. However, the money collected for the	21388
surcharge, subject to the approval of the controlling board, shall	21389
be used for the purposes specified by the family and children	21390
first council pursuant to section 121.37 of the Revised Code.	21391

Sec. 3709.09. (A) The board of health of a city or general	21392
health district may, by rule, establish a uniform system of fees	21393
to pay the costs of any services provided by the board. ~~Fees~~	21394

The fee for issuance of a certified copy of a vital record or	21395
a certification of birth shall not be less than the fee prescribed	21396
for the same service under division (A)(1) of section 3705.24 of	21397
the Revised Code and shall include the fees required by division	21398
(B) of section 3705.24 and section 3109.14 of the Revised Code.	21399

Fees for services provided by the board for purposes	21400
specified in sections 3701.344, 3711.05, 3730.03, 3733.04,	21401
3733.25, and 3749.04 of the Revised Code shall be established in	21402
accordance with rules adopted under division (B) of this section.	21403
The district advisory council, in the case of a general health	21404
district, and the legislative authority of the city, in the case	21405
of a city health district, may disapprove any fee established by	21406
the board of health under this division, and any such fee, as	21407
disapproved, shall not be charged by the board of health.	21408

(B) The public health council shall adopt rules under section	21409
111.15 of the Revised Code that establish fee categories and	21410
uniform methodologies for use in calculating the costs of services	21411
provided for purposes specified in sections 3701.344, 3711.05,	21412
3730.03, 3733.04, 3733.25, and 3749.04 of the Revised Code. In	21413
adopting the rules, the public health council shall consider	21414
recommendations it receives from advisory boards established	21415
either by statute or the director of health for entities subject	21416
to the fees.	21417

(C) At least thirty days prior to establishing a fee for a	21418
service provided by the board for a purpose specified in section	21419
3701.344, 3711.05, 3730.03, 3733.04, 3733.25, or 3749.04 of the	21420
Revised Code, a board of health shall notify any entity that would	21421
be affected by the proposed fee of the amount of the proposed fee.	21422

Sec. 3710.05. (A) Except as otherwise provided in this	21423
chapter, no person shall engage in any asbestos hazard abatement	21424
activities in this state unless licensed or certified pursuant to	21425
this chapter.	21426

(B) To apply for licensure as an asbestos abatement	21427
contractor or certification as an asbestos hazard abatement	21428
specialist, an asbestos hazard evaluation specialist, an asbestos	21429
hazard abatement project designer, or an asbestos hazard abatement	21430
air-monitoring technician, a person shall do all of the following:	21431

(1) Submit a completed application to the department of	21432
health, on a form provided by the department;	21433

(2) Pay the requisite fee as provided in division (D) of this	21434
section;	21435

(3) Submit any other information the public health council by	21436
rule requires.	21437

(C) The application form for a business entity or public	21438
entity applying for an asbestos hazard abatement contractor's	21439
license shall include all of the following:	21440

(1) A description of the protective clothing and respirators	21441
that the public entity will use to comply with rules adopted by	21442
the public health council and that the business entity will use to	21443
comply with requirements of the United States occupational safety	21444
and health administration;	21445

(2) A description of procedures the business entity or public	21446
entity will use for the selection, utilization, handling, removal,	21447
and disposal of clothing to prevent contamination or	21448
recontamination of the environment and to protect the public	21449
health from the hazards associated with exposure to asbestos;	21450

(3) The name and address of each asbestos disposal site that	21451
the business entity or public entity might use during the year;	21452

(4) A description of the site decontamination procedures that	21453
the business entity or public entity will use;	21454

(5) A description of the asbestos hazard abatement procedures	21455
that the business entity or public entity will use;	21456

(6) A description of the procedures that the business entity	21457
or public entity will use for handling waste containing asbestos;	21458

(7) A description of the air-monitoring procedures that the	21459
business entity or public entity will use to prevent contamination	21460
or recontamination of the environment and to protect the public	21461
health from the hazards of exposure to asbestos;	21462

(8) A description of the final clean-up procedures that the	21463
business entity or public entity will use;	21464

(9) A list of all partners, owners, and officers of the	21465
business entity along with their social security numbers;	21466

(10) The federal tax identification number of the business	21467
entity or the public entity.	21468

(D) The fees to be charged to each public entity and business	21469
entity and their employees and agents for licensure,	21470
certification, approval, and renewal of licenses, certifications,	21471
and approvals granted under this chapter, subject to division	21472
(A)(4) of section 3710.02 of the Revised Code, are:	21473

(1) ~~Five~~Seven hundred fifty dollars for asbestos hazard	21474
abatement contractors;	21475

(2) ~~One~~Two hundred ~~twenty-five~~ dollars for asbestos hazard	21476
abatement project designers;	21477

(3) ~~Twenty-five~~Fifty dollars for asbestos hazard abatement	21478
workers;	21479

(4) ~~One~~Two hundred ~~twenty-five~~ dollars for asbestos hazard	21480
abatement specialists;	21481

(5) ~~One~~Two hundred ~~twenty-five~~ dollars for asbestos hazard	21482
evaluation specialists; and	21483

(6) ~~Seven~~Nine hundred ~~fifty~~ dollars for approval or renewal	21484
of asbestos hazard training providers.	21485

(E) Notwithstanding division (A) of this section, no business	21486
entity which engages in asbestos hazard abatement activities	21487
solely at its own place of business is required to be licensed as	21488
an asbestos hazard abatement contractor provided that the business	21489
entity is required to and does comply with all applicable	21490
standards of the United States environmental protection agency and	21491
the United States occupational safety and health administration	21492
and provided further that all persons employed by the business	21493
entity on the activity meet the requirements of this chapter.	21494

Sec. 3711.021. For the purposes of this chapter, a maternity	21495
hospital or lying-in hospital includes a limited maternity unit,	21496
which is a unit in a hospital that contains no other maternity	21497
unit, in which care is provided during all or part of the	21498
maternity cycle and newborns receive care in a private room	21499
serving all antepartum, labor, delivery, recovery, postpartum, and	21500
nursery needs.	21501

The director of health may charge a maternity hospital or	21502
lying-in hospital seeking an initial or renewal license under this	21503
chapter a fee not exceeding the following:	21504

(A) ~~Three~~Four thousand ~~eight hundred fifty~~forty-two dollars	21505
for a hospital in which not less than two thousand births occurred	21506
the previous calendar year;	21507

(B) Three thousand ~~three~~five hundred ~~fifty~~seventeen dollars	21508
for a hospital in which not more than one thousand nine hundred	21509
ninety-nine and not less than one thousand births occurred the	21510
previous calendar year;	21511

(C) Two thousand ~~eight~~nine hundred ~~fifty~~ninety-two dollars	21512
for a hospital in which not more than nine hundred ninety-nine and	21513
not less than six hundred fifty births occurred the previous	21514
calendar year;	21515

(D) Two thousand ~~three~~four hundred ~~fifty~~sixty-seven dollars	21516
for a hospital in which not more than six hundred forty-nine and	21517
not less than four hundred fifty births occurred the previous	21518
calendar year;	21519

(E) One thousand ~~eight~~nine hundred ~~fifty~~forty-two dollars	21520
for a hospital in which not more than four hundred forty-nine	21521
births and not less than one hundred births occurred the previous	21522
calendar year;	21523

(F) One thousand ~~three~~four hundred ~~fifty~~seventeen dollars	21524
for a hospital in which not more than ninety-nine births occurred	21525
the previous calendar year.	21526

The director shall deposit all fees collected under this	21527
section into the general operations fund created under section	21528
3701.83 of the Revised Code. Money generated by the fees shall be	21529
used only for administration and enforcement of this chapter and	21530
rules adopted under it.	21531

Sec. 3721.02. (A) The director of health shall license homes	21532
and establish procedures to be followed in inspecting and	21533
licensing homes. The director may inspect a home at any time. Each	21534
home shall be inspected by the director at least once prior to the	21535
issuance of a license and at least once every fifteen months	21536
thereafter. The state fire marshal or a township, municipal, or	21537
other legally constituted fire department approved by the marshal	21538
shall also inspect a home prior to issuance of a license, at least	21539
once every fifteen months thereafter, and at any other time	21540
requested by the director. A home does not have to be inspected	21541
prior to issuance of a license by the director, state fire	21542
marshal, or a fire department if ownership of the home is assigned	21543
or transferred to a different person and the home was licensed	21544
under this chapter immediately prior to the assignment or	21545
transfer. The director may enter at any time, for the purposes of	21546
investigation, any institution, residence, facility, or other	21547
structure that has been reported to the director or that the	21548
director has reasonable cause to believe is operating as a nursing	21549
home, residential care facility, or home for the aging without a	21550
valid license required by section 3721.05 of the Revised Code or,	21551
in the case of a county home or district home, is operating	21552
despite the revocation of its residential care facility license.	21553
The director may delegate the director's authority and duties	21554
under this chapter to any division, bureau, agency, or official of	21555
the department of health.	21556

(B) A single facility may be licensed both as a nursing home	21557
pursuant to this chapter and as an adult care facility pursuant to	21558
Chapter 3722. of the Revised Code if the director determines that	21559
the part or unit to be licensed as a nursing home can be	21560
maintained separate and discrete from the part or unit to be	21561
licensed as an adult care facility.	21562

(C) In determining the number of residents in a home for the	21563
purpose of licensing, the director shall consider all the	21564
individuals for whom the home provides accommodations as one group	21565
unless one of the following is the case:	21566

(1) The home is a home for the aging, in which case all the	21567
individuals in the part or unit licensed as a nursing home shall	21568
be considered as one group, and all the individuals in the part or	21569
unit licensed as a rest home shall be considered as another group.	21570

(2) The home is both a nursing home and an adult care	21571
facility. In that case, all the individuals in the part or unit	21572
licensed as a nursing home shall be considered as one group, and	21573
all the individuals in the part or unit licensed as an adult care	21574
facility shall be considered as another group.	21575

(3) The home maintains, in addition to a nursing home or	21576
residential care facility, a separate and discrete part or unit	21577
that provides accommodations to individuals who do not require or	21578
receive skilled nursing care and do not receive personal care	21579
services from the home, in which case the individuals in the	21580
separate and discrete part or unit shall not be considered in	21581
determining the number of residents in the home if the separate	21582
and discrete part or unit is in compliance with the Ohio basic	21583
building code established by the board of building standards under	21584
Chapters 3781. and 3791. of the Revised Code and the home permits	21585
the director, on request, to inspect the separate and discrete	21586
part or unit and speak with the individuals residing there, if	21587
they consent, to determine whether the separate and discrete part	21588
or unit meets the requirements of this division.	21589

(D) The director of health shall charge an application fee	21590
and an annual renewal licensing and inspection fee of one hundred	21591
five dollars for each fifty persons or part thereof of a home's	21592
licensed capacity. All fees collected by the director for the	21593
issuance or renewal of licenses shall be deposited into the state	21594
treasury to the credit of the general operations fund created in	21595
section 3701.83 of the Revised Code for use only in administering	21596
and enforcing this chapter and rules adopted under it.	21597

(E)(1) Except as otherwise provided in this section, the	21598
results of an inspection or investigation of a home that is	21599
conducted under this section, including any statement of	21600
deficiencies and all findings and deficiencies cited in the	21601
statement on the basis of the inspection or investigation, shall	21602
be used solely to determine the home's compliance with this	21603
chapter or another chapter of the Revised Code in any action or	21604
proceeding other than an action commenced under division (I) of	21605
section 3721.17 of the Revised Code. Those results of an	21606
inspection or investigation, that statement of deficiencies, and	21607
the findings and deficiencies cited in that statement shall not be	21608
used in any court or in any action or proceeding that is pending	21609
in any court and are not admissible in evidence in any action or	21610
proceeding unless that action or proceeding is an appeal of an	21611
action by the department of health under this chapter or is an	21612
action by any department or agency of the state to enforce this	21613
chapter or another chapter of the Revised Code.	21614

(2) Nothing in division (E)(1) of this section prohibits the	21615
results of an inspection or investigation conducted under this	21616
section from being used in a criminal investigation or	21617
prosecution.	21618

Sec. 3721.19. (A) As used in this section:

21619

(1) "Home" and "residential care facility" have the same	21620
meanings as in section 3721.01 of the Revised Code;	21621

(2) "Sponsor" and "residents' rights advocate" have the same	21622
meanings as in section 3721.10 of the Revised Code.	21623

A home licensed under this chapter that is not a party to a	21624
provider agreement, as defined in section 5111.20 of the Revised	21625
Code, shall provide each prospective resident, before admission,	21626
with the following information, orally and in a separate written	21627
notice on which is printed in a conspicuous manner: "This home is	21628
not a participant in the medical assistance program administered	21629
by the Ohio department of job and family services. Consequently,	21630
you may be discharged from this home if you are unable to pay for	21631
the services provided by this home."	21632

If the prospective resident has a sponsor whose identity is	21633
made known to the home, the home shall also inform the sponsor,	21634
before admission of the resident, of the home's status relative to	21635
the medical assistance program. Written acknowledgement of the	21636
receipt of the information shall be provided by the resident and,	21637
if the prospective resident has a sponsor who has been identified	21638
to the home, by the sponsor. The written acknowledgement shall be	21639
made part of the resident's record by the home.	21640

No home shall terminate its status as a provider under the	21641
medical assistance program unless it has complied with section	21642
5111.66 of the Revised Code and, at least ninety days prior to	21643
such termination, provided written notice to the ~~department of job~~	21644
~~and family services and~~ residents of the home and their sponsors	21645
of such action. This requirement shall not apply in cases where	21646
the department of job and family services terminates a home's	21647
provider agreement or provider status.	21648

(B) A home licensed under this chapter as a residential care	21649
facility shall provide notice to each prospective resident or the	21650
individual's sponsor of the services offered by the facility and	21651
the types of skilled nursing care that the facility may provide. A	21652
residential care facility that, pursuant to section 3721.012 of	21653
the Revised Code, has a policy of entering into risk agreements	21654
with residents or their sponsors shall provide each prospective	21655
resident or the individual's sponsor a written explanation of the	21656
policy and the provisions that may be contained in a risk	21657
agreement. At the time the information is provided, the facility	21658
shall obtain a statement signed by the individual receiving the	21659
information acknowledging that the individual received the	21660
information. The facility shall maintain on file the individual's	21661
signed statement.	21662

(C) A resident has a cause of action against a home for	21663
breach of any duty imposed by this section. The action may be	21664
commenced by the resident, or on the resident's behalf by the	21665
resident's sponsor or a residents' rights advocate, by the filing	21666
of a civil action in the court of common pleas of the county in	21667
which the home is located, or in the court of common pleas of	21668
Franklin county.	21669

If the court finds that a breach of any duty imposed by this	21670
section has occurred, the court shall enjoin the home from	21671
discharging the resident from the home until arrangements	21672
satisfactory to the court are made for the orderly transfer of the	21673
resident to another mode of health care including, but not limited	21674
to, another home, and may award the resident and a person or	21675
public agency that brings an action on behalf of a resident	21676
reasonable attorney's fees. If a home discharges a resident to	21677
whom or to whose sponsor information concerning its status	21678
relative to the medical assistance program was not provided as	21679
required under this section, the court shall grant any appropriate	21680
relief including, but not limited to, actual damages, reasonable	21681
attorney's fees, and costs.	21682

Sec. 3727.17. Each hospital shall provide a staff person to	21683
do all of the following:	21684

(A) Meet with each unmarried mother who gave birth in or en	21685
route to the hospital within twenty-four hours after the birth or	21686
before the mother is released from the hospital;	21687

(B) Attempt to meet with the father of the unmarried mother's	21688
child if possible;	21689

(C) Explain to the unmarried mother and the father, if the	21690
father is present, the benefit to the child of establishing a	21691
parent and child relationship between the father and the child and	21692
the various proper procedures for establishing a parent and child	21693
relationship;	21694

(D) Present to the unmarried mother and, if possible, the	21695
father, the pamphlet or statement regarding the rights and	21696
responsibilities of a natural parent prepared by the department of	21697
job and family services pursuant to section 3111.32 of the Revised	21698
Code;	21699

(E) Provide the unmarried mother, and if possible the father,	21700
all forms and statements necessary to voluntarily establish a	21701
parent and child relationship, including the acknowledgment of	21702
paternity form prepared by the department of job and family	21703
services pursuant to section 3111.31 of the Revised Code;	21704

(F) Explain to the mother and father the availability of	21705
immediate genetic testing at the hospital to establish the parent	21706
and child relationship and that the test is at no cost to the	21707
mother or father;	21708

(G) Upon both the mother's and father's request, help the	21709
mother and father complete any specific form or statement	21710
necessary to establish a parent and child relationship;	21711

~~(G)~~(H) Present to an unmarried mother who is not a recipient	21712
of medicaid or a participant in Ohio works first an application	21713
for Title IV-D services;	21714

~~(H)~~(I) Mail the voluntary acknowledgment of paternity, no	21715
later than ten days after it is completed, to the office of child	21716
support in the department of job and family services.	21717

Each hospital shall provide a notary public to notarize an	21718
acknowledgment of paternity signed by the mother and father. If a	21719
hospital knows or determines that a man is presumed under section	21720
3111.03 of the Revised Code to be the father of the child	21721
described in this section and that the presumed father is not the	21722
man who signed or is attempting to sign an acknowledgment with	21723
respect to the child, the hospital shall take no further action	21724
with regard to the acknowledgment and shall not mail the	21725
acknowledgment pursuant to this section.	21726

A hospital may contract with a person or government entity to	21727
fulfill its responsibilities under this section and sections	21728
3111.71 to 3111.74 of the Revised Code. Services provided by a	21729
hospital under this section or pursuant to a contract under	21730
sections 3111.71 and 3111.77 of the Revised Code do not constitute	21731
the practice of law. A hospital shall not be subject to criminal	21732
or civil liability for any damage or injury alleged to result from	21733
services provided pursuant to this section or sections 3111.71 to	21734
3111.74 of the Revised Code unless the hospital acted with	21735
malicious purpose, in bad faith, or in a wanton or reckless	21736
manner.	21737

Sec. 3733.43. (A) Except as otherwise provided in this	21738
division, prior to the fifteenth day of April in each year, every	21739
person who intends to operate an agricultural labor camp shall	21740
make application to the licensor for a license to operate such	21741
camp, effective for the calendar year in which it is issued. The	21742
licensor may accept an application on or after the fifteenth day	21743
of April. The license fees specified in this division shall be	21744
submitted to the licensor with the application for a license. No	21745
agricultural labor camp shall be operated in this state without a	21746
license. Any person operating an agricultural labor camp without a	21747
current and valid agricultural labor camp license is not excepted	21748
from compliance with sections 3733.41 to 3733.49 of the Revised	21749
Code by holding a valid and current hotel license. Each person	21750
proposing to open an agricultural labor camp shall submit with the	21751
application for a license any plans required by any rule adopted	21752
under section 3733.42 of the Revised Code. The annual license fee	21753
is ~~twenty~~seventy-five dollars, unless the application for a	21754
license is made on or after the fifteenth day of April, in which	21755
case the annual license fee is ~~forty~~one hundred dollars. An	21756
additional fee of ~~three~~ten dollars per housing unit per year	21757
shall be assessed to defray the costs of enforcing sections	21758
3733.41 to 3733.49 of the Revised Code, unless the application for	21759
a license is made on or after the fifteenth day of April, in which	21760
case an additional fee of ~~six~~fifteen dollars per housing unit	21761
shall be assessed. All fees collected under this division shall be	21762
deposited in the state treasury to the credit of the general	21763
operations fund created in section 3701.83 of the Revised Code and	21764
shall be used for the administration and enforcement of sections	21765
3733.41 to 3733.49 of the Revised Code and rules adopted	21766
thereunder.	21767

(B) Any license under this section may be denied, suspended,	21768
or revoked by the licensor for violation of sections 3733.41 to	21769
3733.49 of the Revised Code or the rules adopted thereunder.	21770
Unless there is an immediate serious public health hazard, no	21771
denial, suspension, or revocation of a license shall be made	21772
effective until the person operating the agricultural labor camp	21773
has been given notice in writing of the specific violations and a	21774
reasonable time to make corrections. When the licensor determines	21775
that an immediate serious public health hazard exists, hethe	21776
licensor shall issue an order denying or suspending the license	21777
without a prior hearing.	21778

(C) All proceedings under this section are subject to Chapter	21779
119. of the Revised Code except as provided in section 3733.431 of	21780
the Revised Code.	21781

(D) Every occupant of an agricultural labor camp shall keep	21782
that part of the dwelling unit, and premises thereof, that hethe	21783
occupant occupies and controls in a clean and sanitary condition.	21784

Sec. 3733.45. (A) The licensor shall inspect all	21785
agricultural labor camps and shall require compliance with	21786
sections 3733.41 to 3733.49 of the Revised Code and the rules	21787
adopted thereunder prior to the issuance of a license. Upon	21788
receipt of a complaint from the migrant agricultural ~~ombudsman~~	21789
ombudsperson or upon the basis of a licensor's own information	21790
that an agricultural labor camp is operating without a license,	21791
the licensor shall inspect the camp. If the camp is operating	21792
without a license, the licensor shall require the camp to comply	21793
with sections 3733.41 to 3733.49 of the Revised Code and the rules	21794
adopted under those sections. No license shall be issued unless	21795
results of water supply tests indicate that the water supply meets	21796
required standards or if any violations exist concerning	21797
sanitation, drainage, or habitability of housing units.	21798

(B) The licensor shall, upon issuance of each license,	21799
distribute posters containing the toll-free telephone number of	21800
the migrant agricultural ~~ombudsman~~ombudsperson established in	21801
section 3733.49 of the Revised Code and information in English and	21802
Spanish describing the purpose of the ~~ombudsman's~~ombudsperson's	21803
office, as provided in that section. The licensor shall provide at	21804
least two posters to the licensee, one for ~~his~~the licensee's	21805
personal use and at least one that shall be posted in a	21806
conspicuous place within the camp.	21807

(C) The licensor may, upon proper identification to the	21808
operator or ~~his~~the operator's agent, enter on any property or	21809
into any structure at any reasonable time for the purpose of	21810
making inspections required by this section.	21811

The licensor shall make at least one inspection prior to	21812
licensing~~, and at least two inspections during occupancy of the~~	21813
~~camps, at least one of which shall be an unannounced evening~~	21814
~~inspection conducted after five p.m. The licensor shall determine~~	21815
~~and record housing unit occupancy during each evening inspection~~.	21816
The licensor shall make such other inspections as hethe licensor	21817
considers necessary to enforce sections 3733.41 to 3733.49 of the	21818
Revised Code adequately.	21819

(D) Any plans submitted to the licensor shall be in	21820
compliance with rules adopted pursuant to section 3733.42 of the	21821
Revised Code and shall be approved or disapproved within thirty	21822
days after they are filed.	21823

(E) ~~All designees of the licensor who conduct inspections in~~	21824
~~the evening in accordance with this section shall speak both~~	21825
~~English and Spanish fluently. At least one member of the permanent~~	21826
~~staff assigned to conduct inspections in accordance with this~~	21827
~~section shall speak both English and Spanish fluently.~~	21828

~~(F)~~ The licensor shall issue an annual report that shall	21829
accurately reflect the results of that year's inspections,	21830
including, but not limited to, numbers of ~~pre- and post-occupancy~~	21831
inspections, number of violations found, and action taken in	21832
regard to violations. The report shall also include an assessment	21833
of any problems found in that year and proposed solutions for	21834
them.	21835

Sec. 3734.02. (A) The director of environmental protection,	21836
in accordance with Chapter 119. of the Revised Code, shall adopt	21837
and may amend, suspend, or rescind rules having uniform	21838
application throughout the state governing solid waste facilities	21839
and the inspections of and issuance of permits and licenses for	21840
all solid waste facilities in order to ensure that the facilities	21841
will be located, maintained, and operated, and will undergo	21842
closure and post-closure care, in a sanitary manner so as not to	21843
create a nuisance, cause or contribute to water pollution, create	21844
a health hazard, or violate 40 C.F.R. 257.3-2 or 40 C.F.R.	21845
257.3-8, as amended. The rules may include, without limitation,	21846
financial assurance requirements for closure and post-closure care	21847
and corrective action and requirements for taking corrective	21848
action in the event of the surface or subsurface discharge or	21849
migration of explosive gases or leachate from a solid waste	21850
facility, or of ground water contamination resulting from the	21851
transfer or disposal of solid wastes at a facility, beyond the	21852
boundaries of any area within a facility that is operating or is	21853
undergoing closure or post-closure care where solid wastes were	21854
disposed of or are being disposed of. The rules shall not concern	21855
or relate to personnel policies, salaries, wages, fringe benefits,	21856
or other conditions of employment of employees of persons owning	21857
or operating solid waste facilities. The director, in accordance	21858
with Chapter 119. of the Revised Code, shall adopt and may amend,	21859
suspend, or rescind rules governing the issuance, modification,	21860
revocation, suspension, or denial of variances from the director's	21861
solid waste rules, including, without limitation, rules adopted	21862
under this chapter governing the management of scrap tires.	21863

Variances shall be issued, modified, revoked, suspended, or	21864
rescinded in accordance with this division, rules adopted under	21865
it, and Chapter 3745. of the Revised Code. The director may order	21866
the person to whom a variance is issued to take such action within	21867
such time as the director may determine to be appropriate and	21868
reasonable to prevent the creation of a nuisance or a hazard to	21869
the public health or safety or the environment. Applications for	21870
variances shall contain such detail plans, specifications, and	21871
information regarding objectives, procedures, controls, and other	21872
pertinent data as the director may require. The director shall	21873
grant a variance only if the applicant demonstrates to the	21874
director's satisfaction that construction and operation of the	21875
solid waste facility in the manner allowed by the variance and any	21876
terms or conditions imposed as part of the variance will not	21877
create a nuisance or a hazard to the public health or safety or	21878
the environment. In granting any variance, the director shall	21879
state the specific provision or provisions whose terms are to be	21880
varied and also shall state specific terms or conditions imposed	21881
upon the applicant in place of the provision or provisions. The	21882
director may hold a public hearing on an application for a	21883
variance or renewal of a variance at a location in the county	21884
where the operations that are the subject of the application for	21885
the variance are conducted. The director shall give not less than	21886
twenty days' notice of the hearing to the applicant by certified	21887
mail and shall publish at least one notice of the hearing in a	21888
newspaper with general circulation in the county where the hearing	21889
is to be held. The director shall make available for public	21890
inspection at the principal office of the environmental protection	21891
agency a current list of pending applications for variances and a	21892
current schedule of pending variance hearings. The director shall	21893
make a complete stenographic record of testimony and other	21894
evidence submitted at the hearing. Within ten days after the	21895
hearing, the director shall make a written determination to issue,	21896
renew, or deny the variance and shall enter the determination and	21897
the basis for it into the record of the hearing. The director	21898
shall issue, renew, or deny an application for a variance or	21899
renewal of a variance within six months of the date upon which the	21900
director receives a complete application with all pertinent	21901
information and data required. No variance shall be issued,	21902
revoked, modified, or denied until the director has considered the	21903
relative interests of the applicant, other persons and property	21904
affected by the variance, and the general public. Any variance	21905
granted under this division shall be for a period specified by the	21906
director and may be renewed from time to time on such terms and	21907
for such periods as the director determines to be appropriate. No	21908
application shall be denied and no variance shall be revoked or	21909
modified without a written order stating the findings upon which	21910
the denial, revocation, or modification is based. A copy of the	21911
order shall be sent to the applicant or variance holder by	21912
certified mail.	21913

(B) The director shall prescribe and furnish the forms	21914
necessary to administer and enforce this chapter. The director may	21915
cooperate with and enter into agreements with other state, local,	21916
or federal agencies to carry out the purposes of this chapter. The	21917
director may exercise all incidental powers necessary to carry out	21918
the purposes of this chapter.	21919

The director may use moneys in the infectious waste	21920
management fund created in section 3734.021 of the Revised Code	21921
exclusively for administering and enforcing the provisions of this	21922
chapter governing the management of infectious wastes. Of each	21923
registration and renewal fee collected under rules adopted under	21924
division (A)(2)(a) of section 3734.021 or under section 3734.022	21925
of the Revised Code, the director, within forty-five days of its	21926
receipt, shall remit from the fund one-half of the fee received to	21927
the board of health of the health district in which the registered	21928
premises is located, or, in the instance of an infectious wastes	21929
transporter, to the board of health of the health district in	21930
which the transporter's principal place of business is located.	21931
However, if the board of health having jurisdiction over a	21932
registrant's premises or principal place of business is not on the	21933
approved list under section 3734.08 of the Revised Code, the	21934
director shall not make that payment to the board of health.	21935

(C) Except as provided in this division and divisions (N)(2)	21936
and (3) of this section, no person shall establish a new solid	21937
waste facility or infectious waste treatment facility, or modify	21938
an existing solid waste facility or infectious waste treatment	21939
facility, without submitting an application for a permit with	21940
accompanying detail plans, specifications, and information	21941
regarding the facility and method of operation and receiving a	21942
permit issued by the director, except that no permit shall be	21943
required under this division to install or operate a solid waste	21944
facility for sewage sludge treatment or disposal when the	21945
treatment or disposal is authorized by a current permit issued	21946
under Chapter 3704. or 6111. of the Revised Code.	21947

No person shall continue to operate a solid waste facility	21948
for which the director has denied a permit for which an	21949
application was required under division (A)(3) of section 3734.05	21950
of the Revised Code, or for which the director has disapproved	21951
plans and specifications required to be filed by an order issued	21952
under division (A)(5) of that section, after the date prescribed	21953
for commencement of closure of the facility in the order issued	21954
under division (A)(6) of section 3734.05 of the Revised Code	21955
denying the permit application or approval.	21956

On and after the effective date of the rules adopted under	21957
division (A) of this section and division (D) of section 3734.12	21958
of the Revised Code governing solid waste transfer facilities, no	21959
person shall establish a new, or modify an existing, solid waste	21960
transfer facility without first submitting an application for a	21961
permit with accompanying engineering detail plans, specifications,	21962
and information regarding the facility and its method of operation	21963
to the director and receiving a permit issued by the director.	21964

No person shall establish a new compost facility or continue	21965
to operate an existing compost facility that accepts exclusively	21966
source separated yard wastes without submitting a completed	21967
registration for the facility to the director in accordance with	21968
rules adopted under divisions (A) and (N)(3) of this section.	21969

This division does not apply to an infectious waste treatment	21970
facility that meets any of the following conditions:	21971

(1) Is owned or operated by the generator of the wastes and	21972
exclusively treats, by methods, techniques, and practices	21973
established by rules adopted under division (C)(1) or (3) of	21974
section 3734.021 of the Revised Code, wastes that are generated at	21975
any premises owned or operated by that generator regardless of	21976
whether the wastes are generated on the premises where the	21977
generator's treatment facility is located or, if the generator is	21978
a hospital as defined in section 3727.01 of the Revised Code,	21979
infectious wastes that are described in division (A)(1)(g), (h),	21980
or (i) of section 3734.021 of the Revised Code;	21981

(2) Holds a license or renewal of a license to operate a	21982
crematory facility issued under Chapter 4717. and a permit issued	21983
under Chapter 3704. of the Revised Code;	21984

(3) Treats or disposes of dead animals or parts thereof, or	21985
the blood of animals, and is subject to any of the following:	21986

(a) Inspection under the "Federal Meat Inspection Act," 81	21987
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	21988

(b) Chapter 918. of the Revised Code;

21989

21990

(D) Neither this chapter nor any rules adopted under it apply	21991
to single-family residential premises; to infectious wastes	21992
generated by individuals for purposes of their own care or	21993
treatment that are disposed of with solid wastes from the	21994
individual's residence; to the temporary storage of solid wastes,	21995
other than scrap tires, prior to their collection for disposal; to	21996
the storage of one hundred or fewer scrap tires unless they are	21997
stored in such a manner that, in the judgment of the director or	21998
the board of health of the health district in which the scrap	21999
tires are stored, the storage causes a nuisance, a hazard to	22000
public health or safety, or a fire hazard; or to the collection of	22001
solid wastes, other than scrap tires, by a political subdivision	22002
or a person holding a franchise or license from a political	22003
subdivision of the state; to composting, as defined in section	22004
1511.01 of the Revised Code, conducted in accordance with section	22005
1511.022 of the Revised Code; or to any person who is licensed to	22006
transport raw rendering material to a compost facility pursuant to	22007
section 953.23 of the Revised Code.	22008

(E)(1) As used in this division and section 3734.18 of the	22009
Revised Code:	22010

(a) "On-site facility" means a facility that stores, treats,	22011
or disposes of hazardous waste that is generated on the premises	22012
of the facility.	22013

(b) "Off-site facility" means a facility that stores, treats,	22014
or disposes of hazardous waste that is generated off the premises	22015
of the facility and includes such a facility that is also an	22016
on-site facility.	22017

22018

(i) An on-site facility that also receives hazardous waste	22019
from other premises owned by the same person who generates the	22020
waste on the facility premises;	22021

(ii) An off-site facility operated so that all of the	22022
hazardous waste it receives is generated on one or more premises	22023
owned by the person who owns the facility;	22024

(iii) An on-site facility that also receives hazardous waste	22025
that is transported uninterruptedly and directly to the facility	22026
through a pipeline from a generator who is not the owner of the	22027
facility.	22028

(2) Except as provided in division (E)(3) of this section, no	22029
person shall establish or operate a hazardous waste facility, or	22030
use a solid waste facility for the storage, treatment, or disposal	22031
of any hazardous waste, without a hazardous waste facility	22032
installation and operation permit ~~from the hazardous waste~~	22033
~~facility board~~ issued in accordance with section 3734.05 of the	22034
Revised Code and subject to the payment of an application fee not	22035
to exceed one thousand five hundred dollars, payable upon	22036
application for a hazardous waste facility installation and	22037
operation permit and upon application for a renewal permit issued	22038
under division (H) of section 3734.05 of the Revised Code, to be	22039
credited to the hazardous waste facility management fund created	22040
in section 3734.18 of the Revised Code. The term of a hazardous	22041
waste facility installation and operation permit shall not exceed	22042
five years.	22043

In addition to the application fee, there is hereby levied an	22044
annual permit fee to be paid by the permit holder upon the	22045
anniversaries of the date of issuance of the hazardous waste	22046
facility installation and operation permit and of any subsequent	22047
renewal permits and to be credited to the hazardous waste facility	22048
management fund. Annual permit fees totaling forty thousand	22049
dollars or more for any one facility may be paid on a quarterly	22050
basis with the first quarterly payment each year being due on the	22051
anniversary of the date of issuance of the hazardous waste	22052
facility installation and operation permit and of any subsequent	22053
renewal permits. The annual permit fee shall be determined for	22054
each permit holder by the director in accordance with the	22055
following schedule:	22056

TYPE OF BASIC			22057
MANAGEMENT UNIT	TYPE OF FACILITY	FEE	22058
Storage facility using:			22059
Containers	On-site, off-site, and		22060
	satellite	$ 500	22061
Tanks	On-site, off-site, and		22062
	satellite	500	22063
Waste pile	On-site, off-site, and		22064
	satellite	3,000	22065
Surface impoundment	On-site and satellite	8,000	22066
	Off-site	10,000	22067
Disposal facility using:			22068
Deep well injection	On-site and satellite	15,000	22069
	Off-site	25,000	22070
Landfill	On-site and satellite	25,000	22071
	Off-site	40,000	22072
Land application	On-site and satellite	2,500	22073
	Off-site	5,000	22074
Surface impoundment	On-site and satellite	10,000	22075
	Off-site	20,000	22076
Treatment facility using:			22077
Tanks	On-site, off-site, and		22078
	satellite	700	22079
Surface impoundment	On-site and satellite	8,000	22080
	Off-site	10,000	22081
Incinerator	On-site and satellite	5,000	22082
	Off-site	10,000	22083
Other forms			22084
of treatment	On-site, off-site, and		22085
	satellite	1,000	22086

In determining the annual permit fee required by this	22087
section, the director shall not require additional payments for	22088
multiple units of the same method of storage, treatment, or	22089
disposal or for individual units that are used for both storage	22090
and treatment. A facility using more than one method of storage,	22091
treatment, or disposal shall pay the permit fee indicated by the	22092
schedule for each such method.	22093

The director shall not require the payment of that portion of	22094
an annual permit fee of any permit holder that would apply to a	22095
hazardous waste management unit for which a permit has been	22096
issued, but for which construction has not yet commenced. Once	22097
construction has commenced, the director shall require the payment	22098
of a part of the appropriate fee indicated by the schedule that	22099
bears the same relationship to the total fee that the number of	22100
days remaining until the next anniversary date at which payment of	22101
the annual permit fee is due bears to three hundred sixty-five.	22102

The director, by rules adopted in accordance with Chapters	22103
119. and 3745. of the Revised Code, shall prescribe procedures for	22104
collecting the annual permit fee established by this division and	22105
may prescribe other requirements necessary to carry out this	22106
division.	22107

(3) The prohibition against establishing or operating a	22108
hazardous waste facility without a hazardous waste facility	22109
installation and operation permit ~~from the board~~ does not apply to	22110
either of the following:	22111

(a) A facility that is operating in accordance with a permit	22112
renewal issued under division (H) of section 3734.05 of the	22113
Revised Code, a revision issued under division (I) of that section	22114
as it existed prior to August 20, 1996, or a modification issued	22115
by the director under division (I) of that section on and after	22116
August 20, 1996;	22117

(b) Except as provided in division (J) of section 3734.05 of	22118
the Revised Code, a facility that will operate or is operating in	22119
accordance with a permit by rule, or that is not subject to permit	22120
requirements, under rules adopted by the director. In accordance	22121
with Chapter 119. of the Revised Code, the director shall adopt,	22122
and subsequently may amend, suspend, or rescind, rules for the	22123
purposes of division (E)(3)(b) of this section. Any rules so	22124
adopted shall be consistent with and equivalent to regulations	22125
pertaining to interim status adopted under the "Resource	22126
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	22127
6921, as amended, except as otherwise provided in this chapter.	22128

If a modification is requested or proposed for a facility	22129
described in division (E)(3)(a) or (b) of this section, division	22130
(I)~~(8)~~(7) of section 3734.05 of the Revised Code applies.	22131

(F) No person shall store, treat, or dispose of hazardous	22132
waste identified or listed under this chapter and rules adopted	22133
under it, regardless of whether generated on or off the premises	22134
where the waste is stored, treated, or disposed of, or transport	22135
or cause to be transported any hazardous waste identified or	22136
listed under this chapter and rules adopted under it to any other	22137
premises, except at or to any of the following:	22138

(1) A hazardous waste facility operating under a permit	22139
issued in accordance with this chapter;	22140

(2) A facility in another state operating under a license or	22141
permit issued in accordance with the "Resource Conservation and	22142
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	22143
amended;	22144

(3) A facility in another nation operating in accordance with	22145
the laws of that nation;	22146

(4) A facility holding a permit issued pursuant to Title I of	22147
the "Marine Protection, Research, and Sanctuaries Act of 1972," 86	22148
Stat. 1052, 33 U.S.C.A. 1401, as amended;	22149

(5) A hazardous waste facility as described in division	22150
(E)(3)(a) or (b) of this section.	22151

(G) The director, by order, may exempt any person generating,	22152
collecting, storing, treating, disposing of, or transporting solid	22153
wastes or hazardous waste, or processing solid wastes that consist	22154
of scrap tires, in such quantities or under such circumstances	22155
that, in the determination of the director, are unlikely to	22156
adversely affect the public health or safety or the environment	22157
from any requirement to obtain a registration certificate, permit,	22158
or license or comply with the manifest system or other	22159
requirements of this chapter. Such an exemption shall be	22160
consistent with and equivalent to any regulations adopted by the	22161
administrator of the United States environmental protection agency	22162
under the "Resource Conservation and Recovery Act of 1976," 90	22163
Stat. 2806, 42 U.S.C.A. 6921, as amended, except as otherwise	22164
provided in this chapter.	22165

(H) No person shall engage in filling, grading, excavating,	22166
building, drilling, or mining on land where a hazardous waste	22167
facility, or a solid waste facility, was operated without prior	22168
authorization from the director, who shall establish the procedure	22169
for granting such authorization by rules adopted in accordance	22170
with Chapter 119. of the Revised Code.	22171

A public utility that has main or distribution lines above or	22172
below the land surface located on an easement or right-of-way	22173
across land where a solid waste facility was operated may engage	22174
in any such activity within the easement or right-of-way without	22175
prior authorization from the director for purposes of performing	22176
emergency repair or emergency replacement of its lines; of the	22177
poles, towers, foundations, or other structures supporting or	22178
sustaining any such lines; or of the appurtenances to those	22179
structures, necessary to restore or maintain existing public	22180
utility service. A public utility may enter upon any such easement	22181
or right-of-way without prior authorization from the director for	22182
purposes of performing necessary or routine maintenance of those	22183
portions of its existing lines; of the existing poles, towers,	22184
foundations, or other structures sustaining or supporting its	22185
lines; or of the appurtenances to any such supporting or	22186
sustaining structure, located on or above the land surface on any	22187
such easement or right-of-way. Within twenty-four hours after	22188
commencing any such emergency repair, replacement, or maintenance	22189
work, the public utility shall notify the director or the	22190
director's authorized representative of those activities and shall	22191
provide such information regarding those activities as the	22192
director or the director's representative may request. Upon	22193
completion of the emergency repair, replacement, or maintenance	22194
activities, the public utility shall restore any land of the solid	22195
waste facility disturbed by those activities to the condition	22196
existing prior to the commencement of those activities.	22197

(I) No owner or operator of a hazardous waste facility, in	22198
the operation of the facility, shall cause, permit, or allow the	22199
emission therefrom of any particulate matter, dust, fumes, gas,	22200
mist, smoke, vapor, or odorous substance that, in the opinion of	22201
the director, unreasonably interferes with the comfortable	22202
enjoyment of life or property by persons living or working in the	22203
vicinity of the facility, or that is injurious to public health.	22204
Any such action is hereby declared to be a public nuisance.	22205

(J) Notwithstanding any other provision of this chapter, in	22206
the event the director finds an imminent and substantial danger to	22207
public health or safety or the environment that creates an	22208
emergency situation requiring the immediate treatment, storage, or	22209
disposal of hazardous waste, the director may issue a temporary	22210
emergency permit to allow the treatment, storage, or disposal of	22211
the hazardous waste at a facility that is not otherwise authorized	22212
by a hazardous waste facility installation and operation permit to	22213
treat, store, or dispose of the waste. The emergency permit shall	22214
not exceed ninety days in duration and shall not be renewed. The	22215
director shall adopt, and may amend, suspend, or rescind, rules in	22216
accordance with Chapter 119. of the Revised Code governing the	22217
issuance, modification, revocation, and denial of emergency	22218
permits.	22219

(K) No owner or operator of a sanitary landfill shall	22220
knowingly accept for disposal, or dispose of, any infectious	22221
wastes, other than those subject to division (A)(1)(c) of section	22222
3734.021 of the Revised Code, that have not been treated to render	22223
them noninfectious. For the purposes of this division,	22224
certification by the owner or operator of the treatment facility	22225
where the wastes were treated on the shipping paper required by	22226
rules adopted under division (D)(2) of that section creates a	22227
rebuttable presumption that the wastes have been so treated.	22228

(L) The director, in accordance with Chapter 119. of the	22229
Revised Code, shall adopt, and may amend, suspend, or rescind,	22230
rules having uniform application throughout the state establishing	22231
a training and certification program that shall be required for	22232
employees of boards of health who are responsible for enforcing	22233
the solid waste and infectious waste provisions of this chapter	22234
and rules adopted under them and for persons who are responsible	22235
for the operation of solid waste facilities or infectious waste	22236
treatment facilities. The rules shall provide all of the	22237
following, without limitation:	22238

(1) The program shall be administered by the director and	22239
shall consist of a course on new solid waste and infectious waste	22240
technologies, enforcement procedures, and rules;	22241

(2) The course shall be offered on an annual basis;

22242

(3) Those persons who are required to take the course under	22243
division (L) of this section shall do so triennially;	22244

(4) Persons who successfully complete the course shall be	22245
certified by the director;	22246

(5) Certification shall be required for all employees of	22247
boards of health who are responsible for enforcing the solid waste	22248
or infectious waste provisions of this chapter and rules adopted	22249
under them and for all persons who are responsible for the	22250
operation of solid waste facilities or infectious waste treatment	22251
facilities;	22252

(6)(a) All employees of a board of health who, on the	22253
effective date of the rules adopted under this division, are	22254
responsible for enforcing the solid waste or infectious waste	22255
provisions of this chapter and the rules adopted under them shall	22256
complete the course and be certified by the director not later	22257
than January 1, 1995;	22258

(b) All employees of a board of health who, after the	22259
effective date of the rules adopted under division (L) of this	22260
section, become responsible for enforcing the solid waste or	22261
infectious waste provisions of this chapter and rules adopted	22262
under them and who do not hold a current and valid certification	22263
from the director at that time shall complete the course and be	22264
certified by the director within two years after becoming	22265
responsible for performing those activities.	22266

No person shall fail to obtain the certification required	22267
under this division.	22268

(M) The director shall not issue a permit under section	22269
3734.05 of the Revised Code to establish a solid waste facility,	22270
or to modify a solid waste facility operating on December 21,	22271
1988, in a manner that expands the disposal capacity or geographic	22272
area covered by the facility, that is or is to be located within	22273
the boundaries of a state park established or dedicated under	22274
Chapter 1541. of the Revised Code, a state park purchase area	22275
established under section 1541.02 of the Revised Code, any unit of	22276
the national park system, or any property that lies within the	22277
boundaries of a national park or recreation area, but that has not	22278
been acquired or is not administered by the secretary of the	22279
United States department of the interior, located in this state,	22280
or any candidate area located in this state and identified for	22281
potential inclusion in the national park system in the edition of	22282
the "national park system plan" submitted under paragraph (b) of	22283
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	22284
U.S.C.A. 1a-5, as amended, current at the time of filing of the	22285
application for the permit, unless the facility or proposed	22286
facility is or is to be used exclusively for the disposal of solid	22287
wastes generated within the park or recreation area and the	22288
director determines that the facility or proposed facility will	22289
not degrade any of the natural or cultural resources of the park	22290
or recreation area. The director shall not issue a variance under	22291
division (A) of this section and rules adopted under it, or issue	22292
an exemption order under division (G) of this section, that would	22293
authorize any such establishment or expansion of a solid waste	22294
facility within the boundaries of any such park or recreation	22295
area, state park purchase area, or candidate area, other than a	22296
solid waste facility exclusively for the disposal of solid wastes	22297
generated within the park or recreation area when the director	22298
determines that the facility will not degrade any of the natural	22299
or cultural resources of the park or recreation area.	22300

(N)(1) The rules adopted under division (A) of this section,	22301
other than those governing variances, do not apply to scrap tire	22302
collection, storage, monocell, monofill, and recovery facilities.	22303
Those facilities are subject to and governed by rules adopted	22304
under sections 3734.70 to 3734.73 of the Revised Code, as	22305
applicable.	22306

(2) Division (C) of this section does not apply to scrap tire	22307
collection, storage, monocell, monofill, and recovery facilities.	22308
The establishment and modification of those facilities are subject	22309
to sections 3734.75 to 3734.78 and section 3734.81 of the Revised	22310
Code, as applicable.	22311

(3) The director may adopt, amend, suspend, or rescind rules	22312
under division (A) of this section creating an alternative system	22313
for authorizing the establishment, operation, or modification of a	22314
solid waste compost facility in lieu of the requirement that a	22315
person seeking to establish, operate, or modify a solid waste	22316
compost facility apply for and receive a permit under division (C)	22317
of this section and section 3734.05 of the Revised Code and a	22318
license under division (A)(1) of that section. The rules may	22319
include requirements governing, without limitation, the	22320
classification of solid waste compost facilities, the submittal of	22321
operating records for solid waste compost facilities, and the	22322
creation of a registration or notification system in lieu of the	22323
issuance of permits and licenses for solid waste compost	22324
facilities. The rules shall specify the applicability of divisions	22325
(A)(1), (2)(a), (3), and (4) of section 3734.05 of the Revised	22326
Code to a solid waste compost facility.	22327

Sec. 3734.05. (A)(1) Except as provided in divisions (A)(4),	22328
(8), and (9) of this section, no person shall operate or maintain	22329
a solid waste facility without a license issued under this	22330
division by the board of health of the health district in which	22331
the facility is located or by the director of environmental	22332
protection when the health district in which the facility is	22333
located is not on the approved list under section 3734.08 of the	22334
Revised Code.	22335

During the month of December, but before the first day of	22336
January of the next year, every person proposing to continue to	22337
operate an existing solid waste facility shall procure a license	22338
under this division to operate the facility for that year from the	22339
board of health of the health district in which the facility is	22340
located or, if the health district is not on the approved list	22341
under section 3734.08 of the Revised Code, from the director. The	22342
application for such a license shall be submitted to the board of	22343
health or to the director, as appropriate, on or before the last	22344
day of September of the year preceding that for which the license	22345
is sought. In addition to the application fee prescribed in	22346
division (A)(2) of this section, a person who submits an	22347
application after that date shall pay an additional ten per cent	22348
of the amount of the application fee for each week that the	22349
application is late. Late payment fees accompanying an application	22350
submitted to the board of health shall be credited to the special	22351
fund of the health district created in division (B) of section	22352
3734.06 of the Revised Code, and late payment fees accompanying an	22353
application submitted to the director shall be credited to the	22354
general revenue fund. A person who has received a license, upon	22355
sale or disposition of a solid waste facility, and upon consent of	22356
the board of health and the director, may have the license	22357
transferred to another person. The board of health or the director	22358
may include such terms and conditions in a license or revision to	22359
a license as are appropriate to ensure compliance with this	22360
chapter and rules adopted under it. The terms and conditions may	22361
establish the authorized maximum daily waste receipts for the	22362
facility. Limitations on maximum daily waste receipts shall be	22363
specified in cubic yards of volume for the purpose of regulating	22364
the design, construction, and operation of solid waste facilities.	22365
Terms and conditions included in a license or revision to a	22366
license by a board of health shall be consistent with, and pertain	22367
only to the subjects addressed in, the rules adopted under	22368
division (A) of section 3734.02 and division (D) of section	22369
3734.12 of the Revised Code.	22370

(2)(a) Except as provided in divisions (A)(2)(b), (8), and	22371
(9) of this section, each person proposing to open a new solid	22372
waste facility or to modify an existing solid waste facility shall	22373
submit an application for a permit with accompanying detail plans	22374
and specifications to the environmental protection agency for	22375
required approval under the rules adopted by the director pursuant	22376
to division (A) of section 3734.02 of the Revised Code and	22377
applicable rules adopted under division (D) of section 3734.12 of	22378
the Revised Code at least two hundred seventy days before proposed	22379
operation of the facility and shall concurrently make application	22380
for the issuance of a license under division (A)(1) of this	22381
section with the board of health of the health district in which	22382
the proposed facility is to be located.	22383

(b) On and after the effective date of the rules adopted	22384
under division (A) of section 3734.02 of the Revised Code and	22385
division (D) of section 3734.12 of the Revised Code governing	22386
solid waste transfer facilities, each person proposing to open a	22387
new solid waste transfer facility or to modify an existing solid	22388
waste transfer facility shall submit an application for a permit	22389
with accompanying engineering detail plans, specifications, and	22390
information regarding the facility and its method of operation to	22391
the environmental protection agency for required approval under	22392
those rules at least two hundred seventy days before commencing	22393
proposed operation of the facility and concurrently shall make	22394
application for the issuance of a license under division (A)(1) of	22395
this section with the board of health of the health district in	22396
which the facility is located or proposed.	22397

(c) Each application for a permit under division (A)(2)(a) or	22398
(b) of this section shall be accompanied by a nonrefundable	22399
application fee of four hundred dollars that shall be credited to	22400
the general revenue fund. Each application for an annual license	22401
under division (A)(1) or (2) of this section shall be accompanied	22402
by a nonrefundable application fee of one hundred dollars. If the	22403
application for an annual license is submitted to a board of	22404
health on the approved list under section 3734.08 of the Revised	22405
Code, the application fee shall be credited to the special fund of	22406
the health district created in division (B) of section 3734.06 of	22407
the Revised Code. If the application for an annual license is	22408
submitted to the director, the application fee shall be credited	22409
to the general revenue fund. If a permit or license is issued, the	22410
amount of the application fee paid shall be deducted from the	22411
amount of the permit fee due under division (Q) of section 3745.11	22412
of the Revised Code or the amount of the license fee due under	22413
division (A)(1), (2), (3), or (4) of section 3734.06 of the	22414
Revised Code.	22415

(d) As used in divisions (A)(2)(d), (e), and (f) of this	22416
section, "modify" means any of the following:	22417

(i) Any increase of more than ten per cent in the total	22418
capacity of a solid waste facility;	22419

(ii) Any expansion of the limits of solid waste placement at	22420
a solid waste facility;	22421

(iii) Any increase in the depth of excavation at a solid	22422
waste facility;	22423

(iv) Any change in the technique of waste receipt or type of	22424
waste received at a solid waste facility that may endanger human	22425
health, as determined by the director by rules adopted in	22426
accordance with Chapter 119. of the Revised Code.	22427

Not later than thirty-five days after submitting an	22428
application under division (A)(2)(a) or (b) of this section for a	22429
permit to open a new or modify an existing solid waste facility,	22430
the applicant, in conjunction with an officer or employee of the	22431
environmental protection agency, shall hold a public meeting on	22432
the application within the county in which the new or modified	22433
solid waste facility is or is proposed to be located or within a	22434
contiguous county. Not less than thirty days before holding the	22435
public meeting on the application, the applicant shall publish	22436
notice of the meeting in each newspaper of general circulation	22437
that is published in the county in which the facility is or is	22438
proposed to be located. If no newspaper of general circulation is	22439
published in the county, the applicant shall publish the notice in	22440
a newspaper of general circulation in the county. The notice shall	22441
contain the date, time, and location of the public meeting and a	22442
general description of the proposed new or modified facility. Not	22443
later than five days after publishing the notice, the applicant	22444
shall send by certified mail a copy of the notice and the date the	22445
notice was published to the director and the legislative authority	22446
of each municipal corporation, township, and county, and to the	22447
chief executive officer of each municipal corporation, in which	22448
the facility is or is proposed to be located. At the public	22449
meeting, the applicant shall provide information and describe the	22450
application and respond to comments or questions concerning the	22451
application, and the officer or employee of the agency shall	22452
describe the permit application process. At the public meeting,	22453
any person may submit written or oral comments on or objections to	22454
the application. Not more than thirty days after the public	22455
meeting, the applicant shall provide the director with a copy of a	22456
transcript of the full meeting, copies of any exhibits, displays,	22457
or other materials presented by the applicant at the meeting, and	22458
the original copy of any written comments submitted at the	22459
meeting.	22460

(e) Except as provided in division (A)(2)(f) of this section,	22461
prior to taking an action, other than a proposed or final denial,	22462
upon an application submitted under division (A)(2)(a) of this	22463
section for a permit to open a new or modify an existing solid	22464
waste facility, the director shall hold a public information	22465
session and a public hearing on the application within the county	22466
in which the new or modified solid waste facility is or is	22467
proposed to be located or within a contiguous county. If the	22468
application is for a permit to open a new solid waste facility,	22469
the director shall hold the hearing not less than fourteen days	22470
after the information session. If the application is for a permit	22471
to modify an existing solid waste facility, the director may hold	22472
both the information session and the hearing on the same day	22473
unless any individual affected by the application requests in	22474
writing that the information session and the hearing not be held	22475
on the same day, in which case the director shall hold the hearing	22476
not less than fourteen days after the information session. The	22477
director shall publish notice of the public information session or	22478
public hearing not less than thirty days before holding the	22479
information session or hearing, as applicable. The notice shall be	22480
published in each newspaper of general circulation that is	22481
published in the county in which the facility is or is proposed to	22482
be located. If no newspaper of general circulation is published in	22483
the county, the director shall publish the notice in a newspaper	22484
of general circulation in the county. The notice shall contain the	22485
date, time, and location of the information session or hearing, as	22486
applicable, and a general description of the proposed new or	22487
modified facility. At the public information session, an officer	22488
or employee of the environmental protection agency shall describe	22489
the status of the permit application and be available to respond	22490
to comments or questions concerning the application. At the public	22491
hearing, any person may submit written or oral comments on or	22492
objections to the approval of the application. The applicant, or a	22493
representative of the applicant who has knowledge of the location,	22494
construction, and operation of the facility, shall attend the	22495
information session and public hearing to respond to comments or	22496
questions concerning the facility directed to the applicant or	22497
representative by the officer or employee of the environmental	22498
protection agency presiding at the information session and	22499
hearing.	22500

(f) The solid waste management policy committee of a county	22501
or joint solid waste management district may adopt a resolution	22502
requesting expeditious consideration of a specific application	22503
submitted under division (A)(2)(a) of this section for a permit to	22504
modify an existing solid waste facility within the district. The	22505
resolution shall make the finding that expedited consideration of	22506
the application without the public information session and public	22507
hearing under division (A)(2)(e) of this section is in the public	22508
interest and will not endanger human health, as determined by the	22509
director by rules adopted in accordance with Chapter 119. of the	22510
Revised Code. Upon receiving such a resolution, the director, at	22511
the director's discretion, may issue a final action upon the	22512
application without holding a public information session or public	22513
hearing pursuant to division (A)(2)(e) of this section.	22514

(3) Except as provided in division (A)(10) of this section,	22515
and unless the owner or operator of any solid waste facility,	22516
other than a solid waste transfer facility or a compost facility	22517
that accepts exclusively source separated yard wastes, that	22518
commenced operation on or before July 1, 1968, has obtained an	22519
exemption from the requirements of division (A)(3) of this section	22520
in accordance with division (G) of section 3734.02 of the Revised	22521
Code, the owner or operator shall submit to the director an	22522
application for a permit with accompanying engineering detail	22523
plans, specifications, and information regarding the facility and	22524
its method of operation for approval under rules adopted under	22525
division (A) of section 3734.02 of the Revised Code and applicable	22526
rules adopted under division (D) of section 3734.12 of the Revised	22527
Code in accordance with the following schedule:	22528

(a) Not later than September 24, 1988, if the facility is	22529
located in the city of Garfield Heights or Parma in Cuyahoga	22530
county;	22531

(b) Not later than December 24, 1988, if the facility is	22532
located in Delaware, Greene, Guernsey, Hamilton, Madison,	22533
Mahoning, Ottawa, or Vinton county;	22534

(c) Not later than March 24, 1989, if the facility is located	22535
in Champaign, Clinton, Columbiana, Huron, Paulding, Stark, or	22536
Washington county, or is located in the city of Brooklyn or	22537
Cuyahoga Heights in Cuyahoga county;	22538

(d) Not later than June 24, 1989, if the facility is located	22539
in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain, Lucas, or	22540
Summit county or is located in Cuyahoga county outside the cities	22541
of Garfield Heights, Parma, Brooklyn, and Cuyahoga Heights;	22542

(e) Not later than September 24, 1989, if the facility is	22543
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	22544
county;	22545

(f) Not later than December 24, 1989, if the facility is	22546
located in a county not listed in divisions (A)(3)(a) to (e) of	22547
this section;	22548

(g) Notwithstanding divisions (A)(3)(a) to (f) of this	22549
section, not later than December 31, 1990, if the facility is a	22550
solid waste facility owned by a generator of solid wastes when the	22551
solid waste facility exclusively disposes of solid wastes	22552
generated at one or more premises owned by the generator	22553
regardless of whether the facility is located on a premises where	22554
the wastes are generated and if the facility disposes of more than	22555
one hundred thousand tons of solid wastes per year, provided that	22556
any such facility shall be subject to division (A)(5) of this	22557
section.	22558

(4) Except as provided in divisions (A)(8), (9), and (10) of	22559
this section, unless the owner or operator of any solid waste	22560
facility for which a permit was issued after July 1, 1968, but	22561
before January 1, 1980, has obtained an exemption from the	22562
requirements of division (A)(4) of this section under division (G)	22563
of section 3734.02 of the Revised Code, the owner or operator	22564
shall submit to the director an application for a permit with	22565
accompanying engineering detail plans, specifications, and	22566
information regarding the facility and its method of operation for	22567
approval under those rules.	22568

(5) The director may issue an order in accordance with	22569
Chapter 3745. of the Revised Code to the owner or operator of a	22570
solid waste facility requiring the person to submit to the	22571
director updated engineering detail plans, specifications, and	22572
information regarding the facility and its method of operation for	22573
approval under rules adopted under division (A) of section 3734.02	22574
of the Revised Code and applicable rules adopted under division	22575
(D) of section 3734.12 of the Revised Code if, in the director's	22576
judgment, conditions at the facility constitute a substantial	22577
threat to public health or safety or are causing or contributing	22578
to or threatening to cause or contribute to air or water pollution	22579
or soil contamination. Any person who receives such an order shall	22580
submit the updated engineering detail plans, specifications, and	22581
information to the director within one hundred eighty days after	22582
the effective date of the order.	22583

(6) The director shall act upon an application submitted	22584
under division (A)(3) or (4) of this section and any updated	22585
engineering plans, specifications, and information submitted under	22586
division (A)(5) of this section within one hundred eighty days	22587
after receiving them. If the director denies any such permit	22588
application, the order denying the application or disapproving the	22589
plans shall include the requirements that the owner or operator	22590
submit a plan for closure and post-closure care of the facility to	22591
the director for approval within six months after issuance of the	22592
order, cease accepting solid wastes for disposal or transfer at	22593
the facility, and commence closure of the facility not later than	22594
one year after issuance of the order. If the director determines	22595
that closure of the facility within that one-year period would	22596
result in the unavailability of sufficient solid waste management	22597
facility capacity within the county or joint solid waste	22598
management district in which the facility is located to dispose of	22599
or transfer the solid waste generated within the district, the	22600
director in the order of denial or disapproval may postpone	22601
commencement of closure of the facility for such period of time as	22602
the director finds necessary for the board of county commissioners	22603
or directors of the district to secure access to or for there to	22604
be constructed within the district sufficient solid waste	22605
management facility capacity to meet the needs of the district,	22606
provided that the director shall certify in the director's order	22607
that postponing the date for commencement of closure will not	22608
endanger ground water or any property surrounding the facility,	22609
allow methane gas migration to occur, or cause or contribute to	22610
any other type of environmental damage.	22611

If an emergency need for disposal capacity that may affect	22612
public health and safety exists as a result of closure of a	22613
facility under division (A)(6) of this section, the director may	22614
issue an order designating another solid waste facility to accept	22615
the wastes that would have been disposed of at the facility to be	22616
closed.	22617

(7) If the director determines that standards more stringent	22618
than those applicable in rules adopted under division (A) of	22619
section 3734.02 of the Revised Code and division (D) of section	22620
3734.12 of the Revised Code, or standards pertaining to subjects	22621
not specifically addressed by those rules, are necessary to ensure	22622
that a solid waste facility constructed at the proposed location	22623
will not cause a nuisance, cause or contribute to water pollution,	22624
or endanger public health or safety, the director may issue a	22625
permit for the facility with such terms and conditions as the	22626
director finds necessary to protect public health and safety and	22627
the environment. If a permit is issued, the director shall state	22628
in the order issuing it the specific findings supporting each such	22629
term or condition.	22630

(8) Divisions (A)(1), (2)(a), (3), and (4) of this section do	22631
not apply to a solid waste compost facility that accepts	22632
exclusively source separated yard wastes and that is registered	22633
under division (C) of section 3734.02 of the Revised Code or,	22634
unless otherwise provided in rules adopted under division (N)(3)	22635
of section 3734.02 of the Revised Code, to a solid waste compost	22636
facility if the director has adopted rules establishing an	22637
alternative system for authorizing the establishment, operation,	22638
or modification of a solid waste compost facility under that	22639
division.	22640

(9) Divisions (A)(1) to (7) of this section do not apply to	22641
scrap tire collection, storage, monocell, monofill, and recovery	22642
facilities. The approval of plans and specifications, as	22643
applicable, and the issuance of registration certificates,	22644
permits, and licenses for those facilities are subject to sections	22645
3734.75 to 3734.78 of the Revised Code, as applicable, and section	22646
3734.81 of the Revised Code.	22647

(10) Divisions (A)(3) and (4) of this section do not apply to	22648
a solid waste incinerator that was placed into operation on or	22649
before October 12, 1994, and that is not authorized to accept and	22650
treat infectious wastes pursuant to division (B) of this section.	22651

(B)(1) Each person who is engaged in the business of treating	22652
infectious wastes for profit at a treatment facility located off	22653
the premises where the wastes are generated that is in operation	22654
on August 10, 1988, and who proposes to continue operating the	22655
facility shall submit to the board of health of the health	22656
district in which the facility is located an application for a	22657
license to operate the facility.	22658

Thereafter, no person shall operate or maintain an infectious	22659
waste treatment facility without a license issued by the board of	22660
health of the health district in which the facility is located or	22661
by the director when the health district in which the facility is	22662
located is not on the approved list under section 3734.08 of the	22663
Revised Code.	22664

(2)(a) During the month of December, but before the first day	22665
of January of the next year, every person proposing to continue to	22666
operate an existing infectious waste treatment facility shall	22667
procure a license to operate the facility for that year from the	22668
board of health of the health district in which the facility is	22669
located or, if the health district is not on the approved list	22670
under section 3734.08 of the Revised Code, from the director. The	22671
application for such a license shall be submitted to the board of	22672
health or to the director, as appropriate, on or before the last	22673
day of September of the year preceding that for which the license	22674
is sought. In addition to the application fee prescribed in	22675
division (B)(2)(c) of this section, a person who submits an	22676
application after that date shall pay an additional ten per cent	22677
of the amount of the application fee for each week that the	22678
application is late. Late payment fees accompanying an application	22679
submitted to the board of health shall be credited to the special	22680
infectious waste fund of the health district created in division	22681
(C) of section 3734.06 of the Revised Code, and late payment fees	22682
accompanying an application submitted to the director shall be	22683
credited to the general revenue fund. A person who has received a	22684
license, upon sale or disposition of an infectious waste treatment	22685
facility and upon consent of the board of health and the director,	22686
may have the license transferred to another person. The board of	22687
health or the director may include such terms and conditions in a	22688
license or revision to a license as are appropriate to ensure	22689
compliance with the infectious waste provisions of this chapter	22690
and rules adopted under them.	22691

(b) Each person proposing to open a new infectious waste	22692
treatment facility or to modify an existing infectious waste	22693
treatment facility shall submit an application for a permit with	22694
accompanying detail plans and specifications to the environmental	22695
protection agency for required approval under the rules adopted by	22696
the director pursuant to section 3734.021 of the Revised Code two	22697
hundred seventy days before proposed operation of the facility and	22698
concurrently shall make application for a license with the board	22699
of health of the health district in which the facility is or is	22700
proposed to be located. Not later than ninety days after receiving	22701
a completed application under division (B)(2)(b) of this section	22702
for a permit to open a new infectious waste treatment facility or	22703
modify an existing infectious waste treatment facility to expand	22704
its treatment capacity, or receiving a completed application under	22705
division (A)(2)(a) of this section for a permit to open a new	22706
solid waste incineration facility, or modify an existing solid	22707
waste incineration facility to also treat infectious wastes or to	22708
increase its infectious waste treatment capacity, that pertains to	22709
a facility for which a notation authorizing infectious waste	22710
treatment is included or proposed to be included in the solid	22711
waste incineration facility's license pursuant to division (B)(3)	22712
of this section, the director shall hold a public hearing on the	22713
application within the county in which the new or modified	22714
infectious waste or solid waste facility is or is proposed to be	22715
located or within a contiguous county. Not less than thirty days	22716
before holding the public hearing on the application, the director	22717
shall publish notice of the hearing in each newspaper that has	22718
general circulation and that is published in the county in which	22719
the facility is or is proposed to be located. If there is no	22720
newspaper that has general circulation and that is published in	22721
the county, the director shall publish the notice in a newspaper	22722
of general circulation in the county. The notice shall contain the	22723
date, time, and location of the public hearing and a general	22724
description of the proposed new or modified facility. At the	22725
public hearing, any person may submit written or oral comments on	22726
or objections to the approval or disapproval of the application.	22727
The applicant, or a representative of the applicant who has	22728
knowledge of the location, construction, and operation of the	22729
facility, shall attend the public hearing to respond to comments	22730
or questions concerning the facility directed to the applicant or	22731
representative by the officer or employee of the environmental	22732
protection agency presiding at the hearing.	22733

(c) Each application for a permit under division (B)(2)(b) of	22734
this section shall be accompanied by a nonrefundable application	22735
fee of four hundred dollars that shall be credited to the general	22736
revenue fund. Each application for an annual license under	22737
division (B)(2)(a) of this section shall be accompanied by a	22738
nonrefundable application fee of one hundred dollars. If the	22739
application for an annual license is submitted to a board of	22740
health on the approved list under section 3734.08 of the Revised	22741
Code, the application fee shall be credited to the special	22742
infectious waste fund of the health district created in division	22743
(C) of section 3734.06 of the Revised Code. If the application for	22744
an annual license is submitted to the director, the application	22745
fee shall be credited to the general revenue fund. If a permit or	22746
license is issued, the amount of the application fee paid shall be	22747
deducted from the amount of the permit fee due under division (Q)	22748
of section 3745.11 of the Revised Code or the amount of the	22749
license fee due under division (C) of section 3734.06 of the	22750
Revised Code.	22751

(d) The owner or operator of any infectious waste treatment	22752
facility that commenced operation on or before July 1, 1968, shall	22753
submit to the director an application for a permit with	22754
accompanying engineering detail plans, specifications, and	22755
information regarding the facility and its method of operation for	22756
approval under rules adopted under section 3734.021 of the Revised	22757
Code in accordance with the following schedule:	22758

(i) Not later than December 24, 1988, if the facility is	22759
located in Delaware, Greene, Guernsey, Hamilton, Madison,	22760
Mahoning, Ottawa, or Vinton county;	22761

(ii) Not later than March 24, 1989, if the facility is	22762
located in Champaign, Clinton, Columbiana, Huron, Paulding, Stark,	22763
or Washington county, or is located in the city of Brooklyn,	22764
Cuyahoga Heights, or Parma in Cuyahoga county;	22765

(iii) Not later than June 24, 1989, if the facility is	22766
located in Adams, Auglaize, Coshocton, Darke, Harrison, Lorain,	22767
Lucas, or Summit county or is located in Cuyahoga county outside	22768
the cities of Brooklyn, Cuyahoga Heights, and Parma;	22769

(iv) Not later than September 24, 1989, if the facility is	22770
located in Butler, Carroll, Erie, Lake, Portage, Putnam, or Ross	22771
county;	22772

(v) Not later than December 24, 1989, if the facility is	22773
located in a county not listed in divisions (B)(2)(d)(i) to (iv)	22774
of this section.	22775

The owner or operator of an infectious waste treatment	22776
facility required to submit a permit application under division	22777
(B)(2)(d) of this section is not required to pay any permit	22778
application fee under division (B)(2)(c) of this section, or	22779
permit fee under division (Q) of section 3745.11 of the Revised	22780
Code, with respect thereto unless the owner or operator also	22781
proposes to modify the facility.	22782

(e) The director may issue an order in accordance with	22783
Chapter 3745. of the Revised Code to the owner or operator of an	22784
infectious waste treatment facility requiring the person to submit	22785
to the director updated engineering detail plans, specifications,	22786
and information regarding the facility and its method of operation	22787
for approval under rules adopted under section 3734.021 of the	22788
Revised Code if, in the director's judgment, conditions at the	22789
facility constitute a substantial threat to public health or	22790
safety or are causing or contributing to or threatening to cause	22791
or contribute to air or water pollution or soil contamination. Any	22792
person who receives such an order shall submit the updated	22793
engineering detail plans, specifications, and information to the	22794
director within one hundred eighty days after the effective date	22795
of the order.	22796

(f) The director shall act upon an application submitted	22797
under division (B)(2)(d) of this section and any updated	22798
engineering plans, specifications, and information submitted under	22799
division (B)(2)(e) of this section within one hundred eighty days	22800
after receiving them. If the director denies any such permit	22801
application or disapproves any such updated engineering plans,	22802
specifications, and information, the director shall include in the	22803
order denying the application or disapproving the plans the	22804
requirement that the owner or operator cease accepting infectious	22805
wastes for treatment at the facility.	22806

(3) Division (B) of this section does not apply to an	22807
infectious waste treatment facility that meets any of the	22808
following conditions:	22809

(a) Is owned or operated by the generator of the wastes and	22810
exclusively treats, by methods, techniques, and practices	22811
established by rules adopted under division (C)(1) or (3) of	22812
section 3734.021 of the Revised Code, wastes that are generated at	22813
any premises owned or operated by that generator regardless of	22814
whether the wastes are generated on the same premises where the	22815
generator's treatment facility is located or, if the generator is	22816
a hospital as defined in section 3727.01 of the Revised Code,	22817
infectious wastes that are described in division (A)(1)(g), (h),	22818
or (i) of section 3734.021 of the Revised Code;	22819

(b) Holds a license or renewal of a license to operate a	22820
crematory facility issued under Chapter 4717. and a permit issued	22821
under Chapter 3704. of the Revised Code;	22822

(c) Treats or disposes of dead animals or parts thereof, or	22823
the blood of animals, and is subject to any of the following:	22824

(i) Inspection under the "Federal Meat Inspection Act," 81	22825
Stat. 584 (1967), 21 U.S.C.A. 603, as amended;	22826

(ii) Chapter 918. of the Revised Code;

22827

(iii) Chapter 953. of the Revised Code.

22828

Nothing in division (B) of this section requires a facility	22829
that holds a license issued under division (A) of this section as	22830
a solid waste facility and that also treats infectious wastes by	22831
the same method, technique, or process to obtain a license under	22832
division (B) of this section as an infectious waste treatment	22833
facility. However, the solid waste facility license for the	22834
facility shall include the notation that the facility also treats	22835
infectious wastes.	22836

On and after the effective date of the amendments to the	22837
rules adopted under division (C)(2) of section 3734.021 of the	22838
Revised Code that are required by Section 6 of Substitute House	22839
Bill No. 98 of the 120th General Assembly, the director shall not	22840
issue a permit to open a new solid waste incineration facility	22841
unless the proposed facility complies with the requirements for	22842
the location of new infectious waste incineration facilities	22843
established in the required amendments to those rules.	22844

(C) Except for a facility or activity described in division	22845
(E)(3) of section 3734.02 of the Revised Code, a person who	22846
proposes to establish or operate a hazardous waste facility shall	22847
submit ana complete application for a hazardous waste facility	22848
installation and operation permit and accompanying detail plans,	22849
specifications, and such information as the director may require	22850
to the environmental protection agency~~, except as provided in~~	22851
~~division (E)(2) of this section,~~ at least one hundred eighty days	22852
before the proposed beginning of operation of the facility. The	22853
applicant shall notify by certified mail the legislative authority	22854
of each municipal corporation, township, and county in which the	22855
facility is proposed to be located of the submission of the	22856
application within ten days after the submission or at such	22857
earlier time as the director may establish by rule. If the	22858
application is for a proposed new hazardous waste disposal or	22859
thermal treatment facility, the applicant also shall give actual	22860
notice of the general design and purpose of the facility to the	22861
legislative authority of each municipal corporation, township, and	22862
county in which the facility is proposed to be located at least	22863
ninety days before the permit application is submitted to the	22864
environmental protection agency.	22865

In accordance with rules adopted under section 3734.12 of the	22866
Revised Code, prior to the submission of a complete application	22867
for a hazardous waste facility installation and operation permit,	22868
the applicant shall hold at least one meeting in the township or	22869
municipal corporation in which the facility is proposed to be	22870
located, whichever is geographically closer to the proposed	22871
location of the facility. The meeting shall be open to the public	22872
and shall be held to inform the community of the proposed	22873
hazardous waste management activities and to solicit questions	22874
from the community concerning the activities.	22875

(D)(1) ~~There is hereby created the hazardous waste facility~~	22876
~~board, composed of the director of environmental protection who~~	22877
~~shall serve as chairperson, the director of natural resources, and~~	22878
~~the chairperson of the Ohio water development authority, or their~~	22879
~~respective designees, and one chemical engineer and one geologist~~	22880
~~who each shall be employed by a state university as defined in~~	22881
~~section 3345.011 of the Revised Code. The chemical engineer and~~	22882
~~geologist each shall be appointed by the governor, with the advice~~	22883
~~and consent of the senate, for a term of two years. The chemical~~	22884
~~engineer and geologist each shall receive as compensation five~~	22885
~~thousand dollars per year, plus expenses necessarily incurred in~~	22886
~~the performance of their duties.~~	22887

~~The board shall not issue any final order without the consent~~	22888
~~of at least three members.~~	22889

~~(2) The hazardous waste facility board shall do both of the~~	22890
~~following:~~	22891

~~(a) Pursuant to Chapter 119. of the Revised Code, adopt rules~~	22892
~~governing procedure to be followed in hearings before the board;~~	22893

~~(b)~~ Except as provided in section 3734.123 of the Revised	22894
Code, ~~approve or disapprove applications for a hazardous waste~~	22895
~~facility installation and operation permit for new facilities and~~	22896
~~applications for modifications to existing permits for which the~~	22897
~~board has jurisdiction as provided in division (I)(3) of this~~	22898
~~section.~~	22899

~~(3) Except as provided in section 3734.123 of the Revised~~	22900
~~Code, upon receipt of the completed application for a hazardous~~	22901
~~waste facility installation and operation permit and a preliminary~~	22902
~~determination by the staff of the environmental protection agency~~	22903
~~that the application appears to comply with agency rules and to~~	22904
~~meet the performance standards set forth in divisions (D), (I),~~	22905
~~and (J) of section 3734.12 of the Revised Code, the director shall~~	22906
~~transmit the application to the board, which shall do all of the~~	22907
~~following:~~	22908

~~(a) Promptly fix a date for a public hearing on the~~	22909
~~application, not fewer than sixty nor more than ninety days after~~	22910
~~receipt of the completed application. At the public hearing, any~~	22911
~~person may submit written or oral comments or objections to the~~	22912
~~approval or disapproval of the application. A representative of~~	22913
~~the applicant who has knowledge of the location, construction,~~	22914
~~operation, closure, and post-closure care, if applicable, of the~~	22915
~~facility shall attend the public hearing in order to respond to~~	22916
~~comments or questions concerning the facility directed to the~~	22917
~~representative by the presiding officer.~~	22918

~~(b) Give public notice of the date of the public hearing and~~	22919
~~a summary of the application in a newspaper having general~~	22920
~~circulation in the county in which the facility is proposed to be~~	22921
~~located. The notice shall contain, at a minimum, the date, time,~~	22922
~~and location of the public hearing and shall include the location~~	22923
~~and street address of, or the nearest intersection to, the~~	22924
~~proposed facility, a description of the proposed facility, and the~~	22925
~~location where copies of the application, a short statement by the~~	22926
~~applicant of the anticipated environmental impact of the facility,~~	22927
~~and a map of the facility are available for inspection.~~	22928

~~(c) Promptly fix a date for an adjudication hearing, not~~	22929
~~fewer than ninety nor more than one hundred twenty days after~~	22930
~~receipt of the completed application, at which hearing the board~~	22931
~~shall hear and decide all disputed issues between the parties~~	22932
~~respecting the approval or disapproval of the application.~~	22933

~~(4) The parties to any adjudication hearing before the board~~	22934
~~upon a completed application shall be the following:~~	22935

~~(a) The applicant;~~

22936

~~(b) The staff of the environmental protection agency;~~

22937

~~(c) The board of county commissioners of the county, the~~	22938
~~board of township trustees of the township, and the chief~~	22939
~~executive officer of the municipal corporation in which the~~	22940
~~facility is proposed to be located;~~	22941

~~(d) Any other person who would be aggrieved or adversely~~	22942
~~affected by the proposed facility and who files a petition to~~	22943
~~intervene in the adjudication hearing not later than thirty days~~	22944
~~after the date of publication of the notice required in division~~	22945
~~(D)(3)(b) of this section if the petition is granted by the board~~	22946
~~for good cause shown. The board may allow intervention by other~~	22947
~~aggrieved or adversely affected persons up to fifteen days prior~~	22948
~~to the date of the adjudication hearing for good cause shown when~~	22949
~~the intervention would not be unduly burdensome to or cause a~~	22950
~~delay in the permitting process.~~	22951

~~(5) The hazardous waste facility board shall conduct any~~	22952
~~adjudication hearing upon disputed issues in accordance with~~	22953
~~Chapter 119. of the Revised Code and the rules of the board~~	22954
~~governing the procedure of such hearings. Each party may call and~~	22955
~~examine witnesses and submit other evidence respecting the~~	22956
~~disputed issues presented by an application. A written record~~	22957
~~shall be made of the hearing and of all testimony and evidence~~	22958
~~submitted to the board~~upon receipt of a complete application for	22959
a hazardous waste facility installation and operation permit under	22960
division (C) of this section, the director shall consider the	22961
application and accompanying information to determine whether the	22962
application complies with agency rules and the requirements of	22963
division (D)(2) of this section. After making a determination, the	22964
director shall issue either a draft permit or a notice of intent	22965
to deny the permit. The director, in accordance with rules adopted	22966
under section 3734.12 of the Revised Code or with rules adopted to	22967
implement Chapter 3745. of the Revised Code, shall provide public	22968
notice of the application and the draft permit or the notice of	22969
intent to deny the permit, provide an opportunity for public	22970
comments, and, if significant interest is shown, schedule a public	22971
meeting in the county in which the facility is proposed to be	22972
located and give public notice of the date, time, and location of	22973
the public meeting in a newspaper of general circulation in that	22974
county.	22975

~~(6)~~(2) The ~~board~~director shall not approve an application	22976
for a hazardous waste facility installation and operation permit	22977
or an application for a modification under division (I)(3) of this	22978
section unless itthe director finds and determines as follows:	22979

(a) The nature and volume of the waste to be treated, stored,	22980
or disposed of at the facility;	22981

(b) That the facility complies with the director's hazardous	22982
waste standards adopted pursuant to section 3734.12 of the Revised	22983
Code;	22984

(c) That the facility represents the minimum adverse	22985
environmental impact, considering the state of available	22986
technology and the nature and economics of various alternatives,	22987
and other pertinent considerations;	22988

(d) That the facility represents the minimum risk of all of	22989
the following:	22990

(i) ~~Contamination of ground and surface waters;~~

22991

~~(ii)~~ Fires or explosions from treatment, storage, or disposal	22992
methods;	22993

~~(iii) Accident~~(ii) Release of hazardous waste during	22994
transportation of hazardous waste to or from the facility;	22995

~~(iv) Impact~~(iii) Adverse impact on the public health and	22996
safety;	22997

~~(v) Air pollution;~~

22998

~~(vi) Soil contamination~~.

22999

(e) That the facility will comply with this chapter and	23000
Chapters 3704.~~, 3734.,~~ and 6111. of the Revised Code and all rules	23001
and standards adopted under ~~those chapters~~them;	23002

(f) That if the owner of the facility, the operator of the	23003
facility, or any other person in a position with the facility from	23004
which the person may influence the installation and operation of	23005
the facility has been involved in any prior activity involving	23006
transportation, treatment, storage, or disposal of hazardous	23007
waste, that person has a history of compliance with this chapter	23008
and Chapters 3704.~~, 3734.,~~ and 6111. of the Revised Code and all	23009
rules and standards adopted under ~~those chapters~~them, the	23010
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806,	23011
42 U.S.C.A. 6921, as amended, and all regulations adopted under	23012
it, and similar laws and rules of other states if any such prior	23013
operation was located in another state that demonstrates	23014
sufficient reliability, expertise, and competency to operate a	23015
hazardous waste facility under the applicable provisions of this	23016
chapter and Chapters 3704.~~, 3734.,~~ and 6111. of the Revised Code,	23017
the applicable rules and standards adopted under ~~those chapters~~	23018
them, and terms and conditions of a hazardous waste facility	23019
installation and operation permit, given the potential for harm to	23020
the public health and safety and the environment that could result	23021
from the irresponsible operation of the facility;. For off-site	23022
facilities, as defined in section 3734.41 of the Revised Code, the	23023
director may use the investigative reports of the attorney general	23024
prepared pursuant to section 3734.42 of the Revised Code as a	23025
basis for making a finding and determination under division	23026
(D)(2)(f) of this section.	23027

(g) That the active areas within a new hazardous waste	23028
facility where acute hazardous waste as listed in 40 C.F.R. 261.33	23029
(e), as amended, or organic waste that is toxic and is listed	23030
under 40 C.F.R. 261, as amended, is being stored, treated, or	23031
disposed of and where the aggregate of the storage design capacity	23032
and the disposal design capacity of all hazardous waste in those	23033
areas is greater than two hundred fifty thousand gallons, are not	23034
located or operated within any of the following:	23035

(i) Two thousand feet of any residence, school, hospital,	23036
jail, or prison;	23037

(ii) Any naturally occurring wetland;

23038

(iii) Any flood hazard area if the applicant cannot show that	23039
the facility will be designed, constructed, operated, and	23040
maintained to prevent washout by a one-hundred-year flood ~~or that~~	23041
~~procedures will be in effect to remove the waste before flood~~	23042
~~waters can reach it~~.	23043

Division (D)~~(6)~~(2)(g) of this section does not apply to the	23044
facility of any applicant who demonstrates to the ~~board~~director	23045
that the limitations specified in that division are not necessary	23046
because of the nature or volume of the waste and the manner of	23047
management applied, the facility will impose no substantial danger	23048
to the health and safety of persons occupying the structures	23049
listed in division (D)~~(6)~~(2)(g)(i) of this section, and the	23050
facility is to be located or operated in an area where the	23051
proposed hazardous waste activities will not be incompatible with	23052
existing land uses in the area.	23053

(h) That the facility will not be located within the	23054
boundaries of a state park established or dedicated under Chapter	23055
1541. of the Revised Code, a state park purchase area established	23056
under section 1541.02 of the Revised Code, any unit of the	23057
national park system, or any property that lies within the	23058
boundaries of a national park or recreation area, but that has not	23059
been acquired or is not administered by the secretary of the	23060
United States department of the interior, located in this state,	23061
or any candidate area located in this state identified for	23062
potential inclusion in the national park system in the edition of	23063
the "national park system plan" submitted under paragraph (b) of	23064
section 8 of "The Act of August 18, 1970," 84 Stat. 825, 16	23065
U.S.C.A. 1a-5, as amended, current at the time of filing of the	23066
application for the permit, unless the facility will be used	23067
exclusively for the storage of hazardous waste generated within	23068
the park or recreation area in conjunction with the operation of	23069
the park or recreation area. Division (D)~~(6)~~(2)(h) of this section	23070
does not apply to the facility of any applicant for modification	23071
of a permit unless the modification application proposes to	23072
increase the land area included in the facility or to increase the	23073
quantity of hazardous waste that will be treated, stored, or	23074
disposed of at the facility.	23075

~~In rendering a decision upon an application for a hazardous~~	23076
~~waste facility installation and operation permit, the board shall~~	23077
~~issue a written order and opinion, which shall include the~~	23078
~~specific findings of fact and conclusions of law that support the~~	23079
~~board's approval or disapproval of the application.~~	23080

(3) Not later than one hundred eighty days after the end of	23081
the public comment period, the director, without prior hearing,	23082
shall issue or deny the permit in accordance with Chapter 3745. of	23083
the Revised Code. If the ~~board~~director approves an application	23084
for a hazardous waste facility installation and operation permit,	23085
~~as a part of its written order, it~~the director shall issue the	23086
permit, upon such terms and conditions as the ~~board~~director finds	23087
are necessary to ensure the construction and operation of the	23088
hazardous waste facility in accordance with the standards of this	23089
section.	23090

~~(7) Any party adversely affected by an order of the hazardous~~	23091
~~waste facility board may appeal the order and decision of the~~	23092
~~board to the court of appeals of Franklin county. An appellant~~	23093
~~shall file with the board a notice of appeal, which shall~~	23094
~~designate the order appealed from. A copy of the notice also shall~~	23095
~~be filed by the appellant with the court, and a copy shall be sent~~	23096
~~by certified mail to each party to the adjudication hearing before~~	23097
~~the board. Such notices shall be filed and mailed within thirty~~	23098
~~days after the date upon which the appellant received notice from~~	23099
~~the board by certified mail of the making of the order appealed~~	23100
~~from. No appeal bond shall be required to make an appeal~~	23101
~~effective.~~	23102

~~The filing of a notice of appeal shall not operate~~	23103
~~automatically as a suspension of the order of the board. If it~~	23104
~~appears to the court that an unjust hardship to the appellant will~~	23105
~~result from the execution of the board's order pending~~	23106
~~determination of the appeal, the court may grant a suspension of~~	23107
~~the order and fix its terms.~~	23108

~~Within twenty days after receipt of the notice of appeal, the~~	23109
~~board shall prepare and file in the court the complete record of~~	23110
~~proceedings out of which the appeal arises, including any~~	23111
~~transcript of the testimony and any other evidence that has been~~	23112
~~submitted before the board. The expense of preparing and~~	23113
~~transcribing the record shall be taxed as a part of the costs of~~	23114
~~the appeal. The appellant, other than the state or a political~~	23115
~~subdivision, an agency of either, or any officer of the appellant~~	23116
~~acting in the officer's representative capacity, shall provide~~	23117
~~security for costs satisfactory to the court considering the~~	23118
~~respective interests of the parties and the public interest. Upon~~	23119
~~demand by a party, the board shall furnish, at the cost of the~~	23120
~~party requesting it, a copy of the record. If the complete record~~	23121
~~is not filed within the time provided for in this section, any~~	23122
~~party may apply to the court to have the case docketed, and the~~	23123
~~court shall order the record filed.~~	23124

~~In hearing the appeal, the court is confined to the record as~~	23125
~~certified to it by the board. The court may grant a request for~~	23126
~~the admission of additional evidence when satisfied that the~~	23127
~~additional evidence is newly discovered and could not with~~	23128
~~reasonable diligence have been ascertained prior to the hearing~~	23129
~~before the board.~~	23130

~~The court shall affirm the order complained of in the appeal~~	23131
~~if it finds, upon consideration of the entire record and such~~	23132
~~additional evidence as the court has admitted, that the order is~~	23133
~~supported by reliable, probative, and substantial evidence and is~~	23134
~~in accordance with law. In the absence of such findings, it shall~~	23135
~~reverse, vacate, or modify the order or make such other ruling as~~	23136
~~is supported by reliable, probative, and substantial evidence and~~	23137
~~is in accordance with law. The judgment of the court shall be~~	23138
~~final and conclusive unless reversed, vacated, or modified on~~	23139
~~appeal. Such appeals may be taken by any party to the appeal~~	23140
~~pursuant to the Rules of Practice of the Supreme Court and, to the~~	23141
~~extent not in conflict with those rules, Chapter 2505. of the~~	23142
~~Revised Code.~~	23143

(E)~~(1) Upon receipt of a completed application, the board~~	23144
~~shall issue a hazardous waste facility installation and operation~~	23145
~~permit for a hazardous waste facility subject to the requirements~~	23146
~~of divisions (D)(6) and (7) of this section and all applicable~~	23147
~~federal regulations if the facility for which the permit is~~	23148
~~requested satisfies all of the following:~~	23149

~~(a) Was in operation immediately prior to October 9, 1980~~;

23150

~~(b) Was in substantial compliance with applicable statutes~~	23151
~~and rules in effect immediately prior to October 9, 1980, as~~	23152
~~determined by the director;~~	23153

~~(c) Demonstrates to the board that its operations after~~	23154
~~October 9, 1980, comply with applicable performance standards~~	23155
~~adopted by the director pursuant to division (D) of section~~	23156
~~3734.12 of the Revised Code;~~	23157

~~(d) Submits a completed application for a permit under~~	23158
~~division (C) of this section within six months after October 9,~~	23159
~~1980.~~	23160

~~The board shall act on the application within twelve months~~	23161
~~after October 9, 1980.~~	23162

~~(2) A hazardous waste facility that was in operation~~	23163
~~immediately prior to October 9, 1980, may continue to operate~~	23164
~~after that date if it does all of the following:~~	23165

~~(a) Complies with performance standards adopted by the~~	23166
~~director pursuant to division (D) of section 3734.12 of the~~	23167
~~Revised Code;~~	23168

~~(b) Submits a completed application for a hazardous waste~~	23169
~~installation and operation permit under division (C) of this~~	23170
~~section within six months after October 9, 1980;~~	23171

~~(c) Obtains the permit under division (D) of this section~~	23172
~~within twelve months after October 9, 1980.~~	23173

~~(3)~~ No political subdivision of this state shall require any	23174
additional zoning or other approval, consent, permit, certificate,	23175
or condition for the construction or operation of a hazardous	23176
waste facility authorized by a hazardous waste facility	23177
installation and operation permit issued pursuant to this chapter,	23178
nor shall any political subdivision adopt or enforce any law,	23179
ordinance, or rule that in any way alters, impairs, or limits the	23180
authority granted in the permit.	23181

~~(4) After the issuance of a hazardous waste facility~~	23182
~~installation and operation permit by the board, each hazardous~~	23183
~~waste facility shall be subject to the rules and supervision of~~	23184
~~the director during the period of its operation, closure, and~~	23185
~~post-closure care, if applicable.~~	23186

(F) ~~Upon approval of the board in accordance with divisions~~	23187
~~(D) and (E) of this section, the board~~The director may issue a	23188
single hazardous waste facility installation and operation permit	23189
to a person who operates two or more adjoining facilities where	23190
hazardous waste is stored, treated, or disposed of if the	23191
application includes detail plans, specifications, and information	23192
on all facilities. For the purposes of this section, "adjoining"	23193
means sharing a common boundary, separated only by a public road,	23194
or in such proximity that the director determines that the	23195
issuance of a single permit will not create a hazard to the public	23196
health or safety or the environment.	23197

(G) No person shall falsify or fail to keep or submit any	23198
plans, specifications, data, reports, records, manifests, or other	23199
information required to be kept or submitted to the director ~~or to~~	23200
~~the hazardous waste facility board~~ by this chapter or the rules	23201
adopted under it.	23202

(H)(1) Each person who holds an installation and operation	23203
permit issued under this section and who wishes to obtain a permit	23204
renewal shall submit a completed application for an installation	23205
and operation permit renewal and any necessary accompanying	23206
general plans, detail plans, specifications, and such information	23207
as the director may require to the director no later than one	23208
hundred eighty days prior to the expiration date of the existing	23209
permit or upon a later date prior to the expiration of the	23210
existing permit if the permittee can demonstrate good cause for	23211
the late submittal. The director shall consider the application	23212
and accompanying information, inspection reports of the facility,	23213
results of performance tests, a report regarding the facility's	23214
compliance or noncompliance with the terms and conditions of its	23215
permit and rules adopted by the director under this chapter, and	23216
such other information as is relevant to the operation of the	23217
facility and shall issue a draft renewal permit or a notice of	23218
intent to deny the renewal permit. The director, in accordance	23219
with rules adopted under this section or with rules adopted to	23220
implement Chapter 3745. of the Revised Code, shall give public	23221
notice of the application and draft renewal permit or notice of	23222
intent to deny the renewal permit, provide for the opportunity for	23223
public comments within a specified time period, schedule a public	23224
meeting in the county in which the facility is located if	23225
significant interest is shown, and give public notice of the	23226
public meeting.	23227

(2) Within sixty days after the public meeting or close of	23228
the public comment period, the director, without prior hearing,	23229
shall issue or deny the renewal permit in accordance with Chapter	23230
3745. of the Revised Code. The director shall not issue a renewal	23231
permit unless the director determines that the facility under the	23232
existing permit has a history of compliance with this chapter,	23233
rules adopted under it, the existing permit, or orders entered to	23234
enforce such requirements that demonstrates sufficient	23235
reliability, expertise, and competency to operate the facility	23236
henceforth under this chapter, rules adopted under it, and the	23237
renewal permit. If the director approves an application for a	23238
renewal permit, the director shall issue the permit subject to the	23239
payment of the annual permit fee required under division (E) of	23240
section 3734.02 of the Revised Code and upon such terms and	23241
conditions as the director finds are reasonable to ensure that	23242
continued operation, maintenance, closure, and post-closure care	23243
of the hazardous waste facility are in accordance with the rules	23244
adopted under section 3734.12 of the Revised Code.	23245

(3) An installation and operation permit renewal application	23246
submitted to the director that also contains or would constitute	23247
an application for a modification shall be acted upon by the	23248
director in accordance with division (I) of this section in the	23249
same manner as an application for a modification. In approving or	23250
disapproving the renewal portion of a permit renewal application	23251
containing an application for a modification, the director shall	23252
apply the criteria established under division (H)(2) of this	23253
section.	23254

(4) An application for renewal or modification of a permit	23255
that does not contain an application for a modification as	23256
described in divisions (I)(3)(a) to (d) of this section shall not	23257
be subject to division (D)(2) of this section.	23258

(I)(1) As used in this section, "modification" means a change	23259
or alteration to a hazardous waste facility or its operations that	23260
is inconsistent with or not authorized by its existing permit or	23261
authorization to operate. Modifications shall be classified as	23262
Class 1, 2, or 3 modifications in accordance with rules adopted	23263
under division (K) of this section. Modifications classified as	23264
Class 3 modifications, in accordance with rules adopted under that	23265
division, shall be further classified by the director as either	23266
Class 3 modifications that are to be approved or disapproved by	23267
the ~~hazardous waste facility board as described in~~director under	23268
divisions (I)(3)(a) to (d) of this section or as Class 3	23269
modifications that are to be approved or disapproved by the	23270
director under division (I)(5) of this section. Not later than	23271
thirty days after receiving a request for a modification under	23272
division (I)(4) of this section that is not listed in Appendix I	23273
to 40 C.F.R. 270.42 or in rules adopted under division (K) of this	23274
section, the director shall classify the modification and shall	23275
notify the owner or operator of the facility requesting the	23276
modification of the classification. Notwithstanding any other law	23277
to the contrary, any modification that involves the transfer of a	23278
hazardous waste facility installation and operation permit to a	23279
new owner or operator shall be classified as a Class 3	23280
modification.	23281

(2) Except as provided in section 3734.123 of the Revised	23282
Code, a hazardous waste facility installation and operation permit	23283
may be modified at the request of the director or upon the written	23284
request of the permittee only if any of the following applies:	23285

(a) The permittee desires to accomplish alterations,	23286
additions, or deletions to the permitted facility or to undertake	23287
alterations, additions, deletions, or activities that are	23288
inconsistent with or not authorized by the existing permit;	23289

(b) New information or data justify permit conditions in	23290
addition to or different from those in the existing permit;	23291

(c) The standards, criteria, or rules upon which the existing	23292
permit is based have been changed by new, amended, or rescinded	23293
standards, criteria, or rules, or by judicial decision after the	23294
existing permit was issued, and the change justifies permit	23295
conditions in addition to or different from those in the existing	23296
permit;	23297

(d) The permittee proposes to transfer the permit to another	23298
person.	23299

(3) The director ~~has jurisdiction to~~shall approve or	23300
disapprove ~~applications~~an application for ~~Class 1 modifications,~~	23301
~~Class 2 modifications, and Class 3 modifications not otherwise~~	23302
~~described in divisions (I)(3)(a) to (d) of this section. The~~	23303
~~hazardous waste facility board has jurisdiction to approve or~~	23304
~~disapprove applications for any~~a modification in accordance with	23305
division (D)(2) of this section and rules adopted under division	23306
(K) of this section for all of the following categories of Class 3	23307
modifications:	23308

(a) Authority to conduct treatment, storage, or disposal at a	23309
site, location, or tract of land that has not been authorized for	23310
the proposed category of treatment, storage, or disposal activity	23311
by the facility's permit;	23312

(b) Modification or addition of a hazardous waste management	23313
unit, as defined in rules adopted under section 3734.12 of the	23314
Revised Code, that results in an increase in a facility's storage	23315
capacity of more than twenty-five per cent over the capacity	23316
authorized by the facility's permit, an increase in a facility's	23317
treatment rate of more than twenty-five per cent over the rate so	23318
authorized, or an increase in a facility's disposal capacity over	23319
the capacity so authorized. The authorized disposal capacity for a	23320
facility shall be calculated from the approved design plans for	23321
the disposal units at that facility. In no case during a five-year	23322
period shall a facility's storage capacity or treatment rate be	23323
modified to increase by more than twenty-five per cent in the	23324
aggregate without ~~board~~the director's approval in accordance with	23325
division (D)(2) of this section. Notwithstanding any provision of	23326
division (I) of this section to the contrary, a request for	23327
modification of a facility's annual total waste receipt limit	23328
shall be classified and approved or disapproved by the director	23329
under division (I)(5) of this section.	23330

(c) Authority to add any of the following categories of	23331
regulated activities not previously authorized at a facility by	23332
the facility's permit: storage at a facility not previously	23333
authorized to store hazardous waste, treatment at a facility not	23334
previously authorized to treat hazardous waste, or disposal at a	23335
facility not previously authorized to dispose of hazardous waste;	23336
or authority to add a category of hazardous waste management unit	23337
not previously authorized at the facility by the facility's	23338
permit. Notwithstanding any provision of division (I) of this	23339
section to the contrary, a request for authority to add or to	23340
modify an activity or a hazardous waste management unit for the	23341
purposes of performing a corrective action shall be classified and	23342
approved or disapproved by the director under division (I)(5) of	23343
this section.	23344

(d) Authority to treat, store, or dispose of waste types	23345
listed or characterized as reactive or explosive, in rules adopted	23346
under section 3734.12 of the Revised Code, or any acute hazardous	23347
waste listed in 40 C.F.R. 261.33(e), as amended, at a facility not	23348
previously authorized to treat, store, or dispose of those types	23349
of wastes by the facility's permit unless the requested authority	23350
is limited to wastes that no longer exhibit characteristics	23351
meeting the criteria for listing or characterization as reactive	23352
or explosive wastes, or for listing as acute hazardous waste, but	23353
still are required to carry those waste codes as established in	23354
rules adopted under section 3734.12 of the Revised Code because of	23355
the requirements established in 40 C.F.R. 261(a) and (e), as	23356
amended, that is, the "mixture,""derived-from," or "contained-in"	23357
regulations.	23358

(4) A written request for a modification from the permittee	23359
shall be submitted to the director and shall contain such	23360
information as is necessary to support the request. ~~The director~~	23361
~~shall transmit to the board requests for Class 3 modifications~~	23362
~~described in divisions (I)(3)(a) to (d) of this section within two~~	23363
~~hundred forty days after receiving the requests.~~ Requests for	23364
modifications shall be acted upon by the director ~~or the board, as~~	23365
~~appropriate,~~ in accordance with this section and rules adopted	23366
under it.	23367

(5) Class 1 modification applications that require prior	23368
approval of the director, as determined in accordance with rules	23369
adopted under division (K) of this section, Class 2 modification	23370
applications, and Class 3 modification applications that are not	23371
described in divisions (I)(3)(a) to (d) of this section shall be	23372
approved or disapproved by the director in accordance with rules	23373
adopted under division (K) of this section. The board of county	23374
commissioners of the county, the board of township trustees of the	23375
township, and the city manager or mayor of the municipal	23376
corporation in which a hazardous waste facility is located shall	23377
receive notification of any application for a modification for	23378
that facility and shall be considered as interested persons with	23379
respect to the director's consideration of the application.	23380

For those modification applications for a transfer of a	23381
permit to a new owner or operator of a facility, the director also	23382
shall determine that, if the transferee owner or operator has been	23383
involved in any prior activity involving the transportation,	23384
treatment, storage, or disposal of hazardous waste, the transferee	23385
owner or operator has a history of compliance with this chapter	23386
and Chapters 3704. and 6111. of the Revised Code and all rules and	23387
standards adopted under them, the "Resource Conservation and	23388
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	23389
amended, and all regulations adopted under it, and similar laws	23390
and rules of another state if the transferee owner or operator	23391
owns or operates a facility in that state, that demonstrates	23392
sufficient reliability, expertise, and competency to operate a	23393
hazardous waste facility under this chapter and Chapters 3704. and	23394
6111. of the Revised Code, all rules and standards adopted under	23395
them, and terms and conditions of a hazardous waste facility	23396
installation and operation permit, given the potential for harm to	23397
the public health and safety and the environment that could result	23398
from the irresponsible operation of the facility. A permit may be	23399
transferred to a new owner or operator only pursuant to a Class 3	23400
permit modification.	23401

As used in division (I)(5) of this section:

23402

(a) "Owner" means the person who owns a majority or	23403
controlling interest in a facility.	23404

(b) "Operator" means the person who is responsible for the	23405
overall operation of a facility.	23406

The director shall approve or disapprove an application for a	23407
Class 1 modification that requires the director's approval within	23408
sixty days after receiving the request for modification. The	23409
director shall approve or disapprove an application for a Class 2	23410
modification within three hundred days after receiving the request	23411
for modification. The director shall approve or disapprove an	23412
application for a Class 3 modification ~~that is not described in~~	23413
~~divisions (I)(3)(a) to (d) of this section~~ within three hundred	23414
sixty-five days after receiving the request for modification.	23415

(6) The approval or disapproval by the director of a Class 1	23416
modification application is not a final action that is appealable	23417
under Chapter 3745. of the Revised Code. The approval or	23418
disapproval by the director of a Class 2 modification or a Class 3	23419
modification ~~that is not described in divisions (I)(3)(a) to (d)~~	23420
~~of this section~~ is a final action that is appealable under that	23421
chapter. In approving or disapproving a request for a	23422
modification, the director shall consider all comments pertaining	23423
to the request that are received during the public comment period	23424
and the public meetings. The administrative record for appeal of a	23425
final action by the director in approving or disapproving a	23426
request for a modification shall include all comments received	23427
during the public comment period relating to the request for	23428
modification, written materials submitted at the public meetings	23429
relating to the request, and any other documents related to the	23430
director's action.	23431

(7) ~~The hazardous waste facility board shall approve or~~	23432
~~disapprove an application for a Class 3 modification transmitted~~	23433
~~to it under division (I)(4) of this section, or that portion of a~~	23434
~~permit renewal application that constitutes a Class 3 modification~~	23435
~~application so transmitted, of a hazardous waste facility~~	23436
~~installation and operation permit in accordance with division (D)~~	23437
~~of this section. No other request for a modification shall be~~	23438
~~subject to division (D)(6) of this section. No aspect of a~~	23439
~~permitted facility or its operations that is not being modified as~~	23440
~~described in division (I)(3)(a), (b), (c), or (d) of this section~~	23441
~~shall be subject to review by the board under division (D) of this~~	23442
~~section.~~	23443

~~(8)~~ Notwithstanding any other provision of law to the	23444
contrary, a change or alteration to a hazardous waste facility	23445
described in division (E)(3)(a) or (b) of section 3734.02 of the	23446
Revised Code, or its operations, is a modification for the	23447
purposes of this section. An application for a modification at	23448
such a facility shall be submitted, classified, and approved or	23449
disapproved in accordance with divisions (I)(1) to ~~(7)~~(6) of this	23450
section in the same manner as a modification to a hazardous waste	23451
facility installation and operation permit.	23452

(J)(1) Except as provided in division (J)(2) of this section,	23453
an owner or operator of a hazardous waste facility that is	23454
operating in accordance with a permit by rule under rules adopted	23455
by the director under division (E)(3)(b) of section 3734.02 of the	23456
Revised Code shall submit either a hazardous waste facility	23457
installation and operation permit application for the facility or	23458
a modification application, whichever is required under division	23459
(J)(1)(a) or (b) of this section, within one hundred eighty days	23460
after the director has requested the application or upon a later	23461
date if the owner or operator demonstrates to the director good	23462
cause for the late submittal.	23463

(a) If the owner or operator does not have a hazardous waste	23464
facility installation and operation permit for any hazardous waste	23465
treatment, storage, or disposal activities at the facility, the	23466
owner or operator shall submit an application for such a permit to	23467
the director for the activities authorized by the permit by rule.	23468
Notwithstanding any other provision of law to the contrary, the	23469
director shall approve or disapprove the application for the	23470
permit in accordance with the procedures governing the approval or	23471
disapproval of permit renewals under division (H) of this section.	23472

(b) If the owner or operator has a hazardous waste facility	23473
installation and operation permit for hazardous waste treatment,	23474
storage, or disposal activities at the facility other than those	23475
authorized by the permit by rule, the owner or operator shall	23476
submit to the director a request for modification in accordance	23477
with division (I) of this section. Notwithstanding any other	23478
provision of law to the contrary, the director shall approve or	23479
disapprove the modification application in accordance with ~~rules~~	23480
~~adopted under~~ division ~~(K)~~(I)(5) of this section.	23481

(2) The owner or operator of a boiler or industrial furnace	23482
that is conducting thermal treatment activities in accordance with	23483
a permit by rule under rules adopted by the director under	23484
division (E)(3)(b) of section 3734.02 of the Revised Code shall	23485
submit a hazardous waste facility installation and operation	23486
permit application if the owner or operator does not have such a	23487
permit for any hazardous waste treatment, storage, or disposal	23488
activities at the facility or, if the owner or operator has such a	23489
permit for hazardous waste treatment, storage, or disposal	23490
activities at the facility other than thermal treatment activities	23491
authorized by the permit by rule, a modification application to	23492
add those activities authorized by the permit by rule, whichever	23493
is applicable, within one hundred eighty days after the director	23494
has requested the submission of the application or upon a later	23495
date if the owner or operator demonstrates to the director good	23496
cause for the late submittal. The application shall be accompanied	23497
by information necessary to support the request. The ~~hazardous~~	23498
~~waste facility board~~director shall approve or disapprove ~~the~~an	23499
application for a hazardous waste facility installation and	23500
operation permit in accordance with division (D) of this section	23501
and approve or disapprove an application for a modification in	23502
accordance with division (I)(3) of this section, except that the	23503
~~board~~director shall not disapprove an application for the thermal	23504
treatment activities on the basis of the criteria set forth in	23505
division (D)~~(6)~~(2)(g) or (h) of this section.	23506

(3) As used in division (J) of this section:

23507

(a) "Modification application" means a request for a	23508
modification submitted in accordance with division (I) of this	23509
section.	23510

(b) "Thermal treatment,""boiler," and "industrial furnace"	23511
have the same meanings as in rules adopted under section 3734.12	23512
of the Revised Code.	23513

(K) The director shall adopt, and may amend, suspend, or	23514
rescind, rules in accordance with Chapter 119. of the Revised Code	23515
in order to implement divisions (H) and (I) of this section.	23516
Except when in actual conflict with this section, rules governing	23517
the classification of and procedures for the modification of	23518
hazardous waste facility installation and operation permits shall	23519
be substantively and procedurally identical to the regulations	23520
governing hazardous waste facility permitting and permit	23521
modifications adopted under the "Resource Conservation and	23522
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	23523
amended.	23524

Sec. 3734.12. The director of environmental protection shall	23525
adopt and may amend, suspend, and rescind rules in accordance with	23526
Chapter 119. of the Revised Code, which shall be consistent with	23527
and equivalent to the regulations adopted under the "Resource	23528
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	23529
6921, as amended, except for rules adopted under divisions (D) and	23530
(F) of this section governing solid waste facilities and except as	23531
otherwise provided in this chapter, doing all of the following:	23532

(A) Adopting the criteria and procedures established under	23533
the "Resource Conservation and Recovery Act of 1976," 90 Stat.	23534
2806, 42 U.S.C.A. 6921, as amended, for identifying hazardous	23535
waste. The director shall prepare, revise when appropriate, and	23536
publish a list of substances or categories of substances	23537
identified to be hazardous using the criteria specified in 40	23538
C.F.R. 261, as amended, which shall be composed of at least those	23539
substances identified as hazardous pursuant to section 3001(B) of	23540
that act. The director shall not list any waste that the	23541
administrator of the United States environmental protection agency	23542
delisted or excluded by an amendment to the federal regulations,	23543
any waste that the administrator declined to list by publishing a	23544
denial of a rulemaking petition or by withdrawal of a proposed	23545
listing in the United States federal register after May 18, 1980,	23546
or any waste oil or polychlorinated biphenyl not listed by the	23547
administrator.	23548

(B) Establishing standards for generators of hazardous waste	23549
necessary to protect human health or safety or the environment in	23550
accordance with this chapter, including, but not limited to,	23551
requirements respecting all of the following:	23552

(1) Record-keeping practices that accurately identify the	23553
quantities of hazardous waste generated, the constituents that are	23554
significant in quantity or in potential harm to human health or	23555
safety or the environment, and the disposition of the waste;	23556

(2) Labeling of containers used for storage, transportation,	23557
or disposal of hazardous waste to identify the waste accurately;	23558

(3) Use of appropriate containers for hazardous waste;

23559

(4) Providing information on the general chemical composition	23560
of hazardous waste to persons transporting, treating, storing, or	23561
disposing of the waste;	23562

(5) A manifest system requiring a manifest consistent with	23563
that prescribed under the "Resource Conservation and Recovery Act	23564
of 1976," 90 Stat. 2795, 42 U.S.C.A. 6901, as amended, requiring a	23565
manifest for any hazardous waste transported off the premises	23566
where generated and assuring that all hazardous waste that is	23567
transported off the premises where generated is designated for	23568
treatment, storage, or disposal in facilities for which a permit	23569
has been issued or in the other facilities specified in division	23570
(F) of section 3734.02 of the Revised Code;	23571

(6) Submission of such reports to the director as the	23572
director determines necessary;	23573

(7) Establishment of quality control and testing procedures	23574
that ensure compliance with the rules adopted under this section;	23575

(8) Obtainment of a United States environmental protection	23576
agency identification number.	23577

(C) Establishing standards for transporters of hazardous	23578
waste necessary to protect human health or safety or the	23579
environment in accordance with this chapter, including, but not	23580
limited to, requirements respecting all of the following:	23581

(1) Record-keeping concerning hazardous waste transported,	23582
including source and delivery points;	23583

(2) Submission of such reports to the director as the	23584
director determines necessary;	23585

(3) Transportation of only properly labeled waste;

23586

(4) Compliance with the manifest system required by division	23587
(B) of this section;	23588

(5) Transportation of hazardous waste only to the treatment,	23589
storage, or disposal facility that the shipper designates on the	23590
manifest to be a facility holding a permit or another facility	23591
specified in division (F) of section 3734.02 of the Revised Code;	23592

(6) Contingency plans to minimize unanticipated damage from	23593
transportation of hazardous waste;	23594

(7) Financial responsibility, including, but not limited to,	23595
provisions requiring a financial mechanism to cover the costs of	23596
spill cleanup and liability for sudden accidental occurrences that	23597
result in damage to persons, property, or the environment;	23598

(8) Obtainment of a United States environmental protection	23599
agency identification number.	23600

In the case of any hazardous waste that is subject to the	23601
"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49	23602
U.S.C.A. 1801, as amended, the rules shall be consistent with that	23603
act and regulations adopted under it.	23604

(D) Establishing performance standards for owners and	23605
operators of hazardous waste facilities and owners and operators	23606
of solid waste facilities, necessary to protect human health or	23607
safety or the environment in accordance with this chapter,	23608
including, but not limited to, requirements respecting all of the	23609
following:	23610

(1) Maintaining records of all hazardous waste that is	23611
treated, stored, or disposed of and of the manner in which the	23612
waste was treated, stored, or disposed of or records of all solid	23613
wastes transferred or disposed of and of the manner in which the	23614
wastes were disposed of;	23615

(2) Submission of such reports to the director as the	23616
director determines necessary;	23617

(3) Reporting, monitoring, inspection, and, except with	23618
respect to solid waste facilities, compliance with the manifest	23619
system referred to in division (B) of this section;	23620

(4) Treatment, storage, or disposal of all hazardous waste	23621
received by methods, techniques, and practices approved by the	23622
director and disposal or transfer of all solid wastes received by	23623
methods, techniques, and practices approved by the director;	23624

(5) Location, design, and construction of hazardous waste	23625
facilities and location, design, and construction of solid waste	23626
facilities;	23627

(6) Contingency plans for effective action to minimize	23628
unanticipated damage from treatment, storage, or disposal of	23629
hazardous waste and the disposal or transfer of solid wastes;	23630

(7) Ownership, continuity of operation, training for	23631
personnel, and financial responsibility, including the filing of	23632
closure and post-closure financial assurance, if applicable. No	23633
private entity shall be precluded by reason of these requirements	23634
from the ownership or operation of facilities providing hazardous	23635
waste treatment, storage, or disposal services if the entity can	23636
provide assurances of financial responsibility and continuity of	23637
operation consistent with the degree and duration of risks	23638
associated with the treatment, storage, or disposal of specified	23639
hazardous waste.	23640

(8) Closure and post-closure care of a hazardous waste	23641
facility where hazardous waste will no longer be treated, stored,	23642
or disposed of and of a solid waste facility where solid wastes	23643
will no longer be disposed of or transferred;	23644

(9) Establishment of quality control and testing procedures	23645
that ensure compliance with the rules adopted under this section;	23646

(10) Obtainment of a United States environmental protection	23647
agency identification number for each hazardous waste treatment,	23648
storage, or disposal facility;	23649

(11) Trial burns and land treatment demonstrations.

23650

The rules adopted under divisions (D) and (F) of this section	23651
pertaining to solid waste facilities do not apply to scrap tire	23652
collection, storage, monocell, monofill, and recovery facilities.	23653
Those facilities are subject to and governed by rules adopted	23654
under sections 3734.70 to 3734.73 of the Revised Code, as	23655
applicable.	23656

(E) Governing the issuance, modification, revocation,	23657
suspension, withdrawal, and denial of installation and operation	23658
permits, draft permits, and transportation certificates of	23659
registration;	23660

(F) Specifying information required to be included in	23661
applications for hazardous waste facility installation and	23662
operation permits and solid waste permits, including, but not	23663
limited to, detail plans, specifications, and information	23664
respecting all of the following:	23665

(1) The composition, quantities, and concentrations of	23666
hazardous waste and solid wastes to be stored, treated,	23667
transported, or disposed of and such other information as the	23668
director may require regarding the method of operation;	23669

(2) The facility to which the waste will be transported or	23670
where it will be stored, treated, or disposed of;	23671

(3) The closure and post-closure care of a facility where	23672
hazardous waste will no longer be treated, stored, or disposed of	23673
and of a solid waste facility where solid wastes will no longer be	23674
disposed of or transferred.	23675

(G) Establishing procedures ensuring that all information	23676
entitled to protection as trade secrets disclosed to the director	23677
or the director's authorized representative is not disclosed	23678
without the consent of the owner, except that such information may	23679
be disclosed, upon request, to authorized representatives of the	23680
United States environmental protection agency, or as required by	23681
law. As used in this section, "trade secrets" means any formula,	23682
plan, pattern, process, tool, mechanism, compound, procedure,	23683
production date, or compilation of information that is not	23684
patented, that is known only to certain individuals within a	23685
commercial concern who are using it to fabricate, produce, or	23686
compound an article, trade, or service having commercial value,	23687
and that gives its user an opportunity to obtain a business	23688
advantage over competitors who do not know or use it.	23689

(H) Prohibiting the disposal of specified hazardous wastes in	23690
this state if the director has determined both of the following:	23691

(1) The potential impacts on human health or safety or the	23692
environment are such that disposal of those wastes should not be	23693
allowed;.	23694

(2) A technically feasible and environmentally sound	23695
alternative is reasonably available, either within or outside this	23696
state, for processing, recycling, fixation of, neutralization of,	23697
or other treatment of those wastes. Such reasonable availability	23698
shall not be determined without a consideration of the costs to	23699
the generator of implementing the alternatives.	23700

The director shall adopt, and may amend, suspend, or rescind,	23701
rules to specify hazardous wastes that shall not be disposed of in	23702
accordance with this division. Nothing in this division, either	23703
prior to or after adoption of those rules, shall preclude the	23704
director ~~or the hazardous waste facility board created in section~~	23705
~~3734.05 of the Revised Code~~ from prohibiting the disposal of	23706
specified hazardous wastes at particular facilities under the	23707
terms or conditions of a permit or ~~preclude the director from~~	23708
~~prohibiting that disposal~~ by order.	23709

(I)(1)(a) Governing the following that may be more stringent	23710
than the regulations adopted under the "Resource Conservation and	23711
Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	23712
amended, when the director determines that such more stringent	23713
rules are reasonable in order to protect human health or safety or	23714
the environment:	23715

(i) Specific wastes that the director determines, because of	23716
their physical, chemical, or biological characteristics, are so	23717
extremely hazardous that the storage, treatment, or disposal of	23718
the wastes in compliance with those regulations would present an	23719
imminent danger to human health or safety or the environment;	23720

(ii) The use of only properly designed, operated, and	23721
approved transfer facilities;	23722

(iii) Preventing illegitimate activities relating to the	23723
reuse, recycling, or reclaiming of hazardous waste, including	23724
record-keeping, reporting, and manifest requirements.	23725

(b) In adopting such more stringent rules, the director shall	23726
give consideration to and base the rules on evidence concerning	23727
factors including, but not limited to, the following insofar as	23728
pertinent:	23729

(i) Geography of the state;

23730

(ii) Geology of the state;

23731

(iii) Hydrogeology of the state;

23732

(iv) Climate of the state;

23733

(v) Engineering and technical feasibility;

23734

(vi) Availability of alternative technologies or methods of	23735
storage, treatment, or disposal.	23736

(2) The director may require from generators and transporters	23737
of hazardous waste and from owners or operators of treatment,	23738
storage, or disposal facilities, the submission of reports in	23739
addition to those required under regulations adopted under the	23740
"Resource Conservation and Recovery Act of 1976," 90 Stat. 2806,	23741
42 U.S.C.A. 6921, as amended, to the extent that such reports	23742
contain information that the generator, transporter, or facility	23743
owner or operator is required to obtain in order to comply with	23744
the regulations adopted by the administrator of the United States	23745
environmental protection agency under the "Resource Conservation	23746
and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as	23747
amended, or to the extent that such reports are required by the	23748
director to meet the requirements of division (B)(7), (D)(9), or	23749
(H) of this section or section 3734.121 of the Revised Code.	23750

(J) Governing the storage, treatment, or disposal of	23751
hazardous waste in, and the permitting, design, construction,	23752
operation, monitoring, inspection, closure, and post-closure care	23753
of, hazardous waste underground injection wells, surface	23754
impoundments, waste piles other than those composed of materials	23755
removed from the ground as part of coal or mineral extraction or	23756
cleaning processes, land treatment facilities, thermal treatment	23757
facilities, and landfills that may be more stringent than the	23758
regulations adopted under the "Resource Conservation and Recovery	23759
Act of 1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended,	23760
whenever the director reasonably determines that federal	23761
regulations will not adequately protect the public health or	23762
safety or the environment of this state with respect to the	23763
subject matter of the more stringent rules. Such more stringent	23764
rules shall be developed to achieve a degree of protection, as	23765
determined by the director, consistent with the degree of hazard	23766
potentially posed by the various wastes or categories of wastes to	23767
be treated, stored, or disposed of and the types of facilities at	23768
which they are to be treated, stored, or disposed of. In adopting	23769
such more stringent rules, the director shall give consideration	23770
to and base the rules on evidence concerning factors including,	23771
but not limited to, the following insofar as pertinent:	23772

(1) Geography of the state;

23773

(2) Geology of the state;

23774

(3) Hydrogeology of the state;

23775

(4) Climate of the state;

23776

(5) Engineering and technical feasibility;

23777

(6) Availability of alternative technologies or methods of	23778
storage, treatment, or disposal.	23779

(K) Establishing performance standards and other requirements	23780
necessary to protect public health and the environment from	23781
hazards associated with used oil, including, without limitation,	23782
standards and requirements respecting all of the following:	23783

(1) Material that is subject to regulation as used oil;

23784

(2) Generation of used oil;

23785

(3) Used oil collection centers and aggregation points;

23786

(4) Transportation of used oil;

23787

(5) Processing and re-refining of used oil;

23788

(6) Burning of used oil;

23789

(7) Marketing of used oil;

23790

(8) Disposal of used oil;

23791

(9) Use of used oil as a dust suppressant.

23792

Sec. 3734.123. (A) As used in this section and section	23793
3734.124 of the Revised Code, "commercial hazardous waste	23794
incinerator" means an enclosed device that treats hazardous waste	23795
by means of controlled flame combustion and that accepts for	23796
treatment hazardous waste that is generated off the premises on	23797
which the device is located by any person other than the one who	23798
owns or operates the device or one who controls, is controlled by,	23799
or is under common control with the person who owns or operates	23800
the device. "Commercial hazardous waste incinerator" does not	23801
include any "boiler" or "industrial furnace" as those terms are	23802
defined in rules adopted under section 3734.12 of the Revised	23803
Code.	23804

(B) Not sooner than three years after April 15, 1993, and	23805
triennially thereafter, the director of environmental protection	23806
shall prepare, publish, and issue as a final action an assessment	23807
of commercial hazardous waste incinerator capacity in this state.	23808
However, after the issuance as a final action of a determination	23809
under division (A) of section 3734.124 of the Revised Code that	23810
terminates the restrictions established in division (C) of this	23811
section, the director shall cease preparing, publishing, and	23812
issuing the periodic assessments required under this division. The	23813
assessment shall determine the amount of commercial hazardous	23814
waste incinerator capacity needed to manage the hazardous waste	23815
expected to be generated in this state and imported into this	23816
state for incineration at commercial hazardous waste incinerators	23817
during the next succeeding twenty calendar years. The assessment	23818
shall include at least all of the following:	23819

(1) A determination of the aggregate treatment capacity	23820
authorized at commercial hazardous waste incinerators located in	23821
this state;	23822

(2) A determination of the quantity of hazardous waste	23823
generated in this state that is being treated at commercial	23824
hazardous waste incinerators located in this state and projections	23825
of the quantity of hazardous waste generated in this state that	23826
will be treated at those facilities;	23827

(3) A determination of the quantity of hazardous waste	23828
generated outside this state that is being treated at commercial	23829
hazardous waste incinerators located in this state and projections	23830
of the quantity of hazardous waste generated outside this state	23831
that will be treated at those facilities;	23832

(4) A determination of the quantity of hazardous waste	23833
generated in this state that is being treated at commercial	23834
hazardous waste incinerators located outside this state, and	23835
projections of the quantity of hazardous waste generated in this	23836
state that will be treated at those facilities;	23837

(5) The amount of commercial hazardous waste incinerator	23838
capacity that the director reasonably anticipates will be needed	23839
during the first three years of the planning period to treat	23840
hazardous waste generated from the remediation of sites in this	23841
state that are on the national priority list required under the	23842
"Comprehensive Environmental Response, Compensation, and Liability	23843
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended; as a	23844
result of corrective actions implemented under the "Resource	23845
Conservation and Recovery Act of 1976," 90 Stat. 2806, 42 U.S.C.A.	23846
6921, as amended; and as a result of clean-up activities conducted	23847
at sites listed on the master sites list prepared by the	23848
environmental protection agency;	23849

(6) Based upon available data, provided that the data are	23850
reliable and are compatible with the data base of the	23851
environmental protection agency, an identification of any	23852
hazardous waste first listed as a hazardous waste in regulations	23853
adopted under the "Resource Conservation and Recovery Act of	23854
1976," 90 Stat. 2806, 42 U.S.C.A. 6921, as amended, on or after	23855
April 15, 1993, and of any hazardous waste that has been proposed	23856
for such listing by publication of a notice in the federal	23857
register on or before December 1 of the year immediately preceding	23858
the triennial assessment;	23859

(7) An analysis of other factors that may result in capacity	23860
changes over the period addressed by the assessment.	23861

(C) Except as otherwise provided in section 3734.124 of the	23862
Revised Code, none of the following shall occur on or after April	23863
15, 1993:	23864

(1) The director shall not do any of the following:

23865

(a) ~~Pursuant to division (D)(3) or (I)(4) of section 3734.05~~	23866
~~of the Revised Code, as applicable, transmit to the hazardous~~	23867
~~waste facility board created in that section any application for a~~	23868
Issue any hazardous waste facility installation and operation	23869
permit under division (D) of section 3745.05 of the Revised Code	23870
for the establishment of a new commercial hazardous waste	23871
incinerator, or ~~any request for a modification, as described in~~	23872
~~divisions (I)(3)(a) to (d) of section 3734.05 of the Revised Code,~~	23873
~~of an existing commercial hazardous waste incinerator to increase~~	23874
~~either the treatment capacity of the incinerator or the quantity~~	23875
~~of hazardous waste authorized to be treated by it, for which the~~	23876
~~staff of the environmental protection agency has made a~~	23877
~~preliminary determination as to whether the application or request~~	23878
~~appears to comply with the rules and standards set forth under~~	23879
~~divisions (D), (I), and (J) of section 3734.12 of the Revised~~	23880
~~Code;~~	23881

~~(b) Issue~~issue any modified hazardous waste facility	23882
installation and operation permit under division (I)~~(5)~~ of that	23883
section ~~3734.05 of the Revised Code~~ that would authorize an	23884
increase in either the treatment capacity of a commercial	23885
hazardous waste incinerator or the quantity of hazardous waste	23886
authorized to be treated by it;	23887

~~(c)~~(b) Issue any permit pursuant to rules adopted under	23888
division (F) of section 3704.03 of the Revised Code, division (J)	23889
of section 6111.03 of the Revised Code, or the solid waste	23890
provisions of this chapter and rules adopted under those	23891
provisions, that is necessary for the establishment, modification,	23892
or operation of any appurtenant facility or equipment that is	23893
necessary for the operation of a new commercial hazardous waste	23894
incinerator, or the modification of such an existing incinerator	23895
to increase either the treatment capacity of the incinerator or	23896
the quantity of hazardous waste that is authorized to be treated	23897
by it. Upon determining that an application for any permit	23898
pertains to the establishment, modification, or operation of any	23899
appurtenant facility or equipment, the director shall cease	23900
reviewing the application and return the application and	23901
accompanying materials to the applicant along with a written	23902
notice that division (C)(1)~~(c)~~(b) of this section precludes the	23903
director from reviewing and acting upon the application.	23904

~~(d)~~(c) Issue any exemption order under division (G) of	23905
section 3734.02 of the Revised Code exempting the establishment of	23906
a new commercial hazardous waste incinerator; the modification of	23907
an existing facility to increase either the treatment capacity of	23908
the incinerator or the quantity of hazardous waste that is	23909
authorized to be treated by it; or the establishment,	23910
modification, or operation of any facility or equipment	23911
appurtenant to a new or modified commercial hazardous waste	23912
incinerator, from divisions (C)(1)(a),or (b)~~, or (c)~~ or (C)(2) or	23913
~~(3)~~ of this section.	23914

(2) ~~The staff of the environmental protection agency shall~~	23915
~~not take any action under division (D)(3) of section 3734.05 of~~	23916
~~the Revised Code to review, or to make a preliminary determination~~	23917
~~of compliance with the rules and standards set forth in divisions~~	23918
~~(D), (I), and (J) of section 3734.12 of the Revised Code~~	23919
~~regarding, any~~If the director determines that an application for	23920
a hazardous waste facility installation and operation permit	23921
submitted under division (D)~~(3)~~ of section 3734.05 of the Revised	23922
Code ~~that~~ pertains to the establishment of a new commercial	23923
hazardous waste incinerator, or ~~any~~a request for a modification	23924
of an existing incinerator submitted under division (I)~~(4)~~ of that	23925
section ~~to modify an existing incinerator~~pertains to an increase	23926
of either the treatment capacity of the incinerator or the	23927
quantity of hazardous waste that is authorized to be treated by	23928
it~~. Upon determining that an application or request submitted~~	23929
~~under those divisions pertains to the establishment of a new~~	23930
~~commercial hazardous waste incinerator or the modification of an~~	23931
~~existing incinerator~~, the ~~staff of the agency~~director shall cease	23932
reviewing the application or request and shall return it and the	23933
accompanying materials to the applicant along with a written	23934
notice that division (C)(2) of this section precludes the ~~staff~~	23935
~~from reviewing or making any preliminary determination of~~	23936
~~compliance regarding~~review of the application or request.	23937

~~(3) The hazardous waste facility board created in section~~	23938
~~3734.05 of the Revised Code shall not do either of the following:~~	23939

~~(a) Approve any application for a hazardous waste facility~~	23940
~~installation and operation permit, or issue any permit, under~~	23941
~~divisions (D) and (F) of section 3734.05 of the Revised Code that~~	23942
~~authorizes the establishment and operation of a new commercial~~	23943
~~hazardous waste incinerator;~~	23944

~~(b) Approve any request to modify an existing commercial~~	23945
~~hazardous waste incinerator under divisions (D) and (I)(7) of~~	23946
~~section 3734.05 of the Revised Code that authorizes an increase in~~	23947
~~either the treatment capacity of the incinerator or the quantity~~	23948
~~of hazardous waste authorized to be treated by it.~~	23949

Sec. 3734.124. (A) Promptly after issuing a periodic	23950
assessment under division (B) of section 3734.123 of the Revised	23951
Code, the director of environmental protection shall make a	23952
determination as to whether it is necessary or appropriate to	23953
continue the restrictions established in division (C) of section	23954
3734.123 of the Revised Code during the period of time between the	23955
issuance of the assessment and the issuance of the next succeeding	23956
periodic assessment or as to whether it is necessary or	23957
appropriate to terminate the restrictions. The director shall	23958
consider all of the following when making a determination under	23959
this division:	23960

(1) The findings of the assessment;

23961

(2) The findings of an evaluation conducted by the director,	23962
in consultation with the chairperson of the state emergency	23963
response commission created in section 3750.02 of the Revised	23964
Code, regarding the capability of this state to respond to the	23965
types and frequencies of releases of hazardous waste that are	23966
likely to occur at commercial hazardous waste incinerators;	23967

(3) The effect that a new commercial hazardous waste	23968
incinerator may have on ambient air quality in this state;	23969

(4) The findings of a review of relevant information	23970
regarding the impacts of commercial hazardous waste incinerators	23971
on human health and the environment, such as health studies and	23972
risk assessments;	23973

(5) The findings of a review of the operational records of	23974
commercial hazardous waste incinerators operating in this state;	23975

(6) The findings of any review of relevant information	23976
concerning the following:	23977

(a) The cost of and access to commercial hazardous waste	23978
incinerator capacity;	23979

(b) The length of time and the regulatory review process	23980
necessary to fully permit a commercial hazardous waste	23981
incinerator;	23982

(c) Access to long-term capital investment to fund the	23983
building of a commercial hazardous waste incinerator in this	23984
state;	23985

(d) Efforts by generators of hazardous waste accepted by	23986
commercial hazardous waste incinerators to reduce the amount of	23987
hazardous waste that they generate.	23988

(7) Regulatory and legislative concerns that may include,	23989
without limitation, the provisions of paragraphs (a) and (b) of 40	23990
C.F.R. 271.4, as they existed on April 15, 1993.	23991

If, after considering all of the information and concerns	23992
that the director is required to consider under divisions (A)(1)	23993
to (7) of this section, the director determines that it is	23994
necessary or appropriate to terminate the restrictions established	23995
in division (C) of section 3734.123 of the Revised Code in order	23996
to protect human health or safety or the environment, the director	23997
shall issue as a final action a written determination to that	23998
effect. If the director determines that it is necessary or	23999
appropriate for those purposes to continue the restrictions until	24000
the issuance of the next succeeding periodic assessment under	24001
division (B) of section 3734.123 of the Revised Code, the director	24002
shall issue as a final action a written determination to that	24003
effect. After the issuance as a final action of a determination	24004
under this division that it is necessary or appropriate to	24005
terminate the restrictions established in division (C) of section	24006
3734.123 of the Revised Code, the director shall cease making the	24007
periodic determinations required under this division.	24008

(B) Beginning three years after April 15, 1993, but only on	24009
and after the date of issuance as final actions of an assessment	24010
under division (B) of section 3734.123 of the Revised Code and a	24011
determination under division (A) of this section that it is	24012
necessary or appropriate to terminate the restrictions established	24013
in division (C) of section 3734.123 of the Revised Code, ~~any of~~	24014
~~the following may occur:~~	24015

~~(1) The~~the director may do any of the following:

24016

~~(a) Pursuant to division (D)(3) or (I)(4) of section 3734.05~~	24017
~~of the Revised Code, as applicable, transmit to the hazardous~~	24018
~~waste facility board created in that section an application for a~~	24019
~~hazardous waste facility installation and operation permit that~~	24020
~~pertains to the establishment of a new commercial hazardous waste~~	24021
~~incinerator, or a request for a modification, as described in~~	24022
~~divisions (I)(3)(a) to (d) of section 3734.05 of the Revised Code,~~	24023
~~of a commercial hazardous waste incinerator to increase either the~~	24024
~~treatment capacity of the incinerator or the quantity of hazardous~~	24025
~~waste authorized to be treated by it, for which the staff of the~~	24026
~~environmental protection agency has made a preliminary~~	24027
~~determination as to whether the application or request appears to~~	24028
~~comply with the rules and standards set forth under divisions (D),~~	24029
~~(I), and (K) of section 3734.05 of the Revised Code;~~	24030

~~(b) To the extent otherwise authorized in division (I)(5) of~~	24031
~~section 3734.05 of the Revised Code, issue a modified hazardous~~	24032
~~waste facility installation and operation permit under that~~	24033
~~division that authorizes an increase in either the treatment~~	24034
~~capacity of a commercial hazardous waste incinerator or the~~	24035
~~quantity of hazardous waste authorized to be treated by it;~~	24036

~~(c)~~(1) To the extent otherwise authorized thereunder, issue	24037
any permit pursuant to rules adopted under division (F) of section	24038
3704.03 of the Revised Code, division (J) of section 6111.03 of	24039
the Revised Code, or the solid waste provisions of this chapter	24040
and rules adopted under those provisions, that is necessary for	24041
the establishment, modification, or operation of any appurtenant	24042
facility or equipment that is necessary for the operation of a new	24043
commercial hazardous waste incinerator, or for the modification of	24044
an existing incinerator to increase either the treatment capacity	24045
of the incinerator or the quantity of hazardous waste authorized	24046
to be treated by it;	24047

~~(d)~~(2) To the extent otherwise authorized in division (G) of	24048
section 3734.02 of the Revised Code, issue an order exempting the	24049
establishment of a new commercial hazardous waste incinerator; the	24050
modification of an existing incinerator to increase either the	24051
treatment capacity of the incinerator or the quantity of hazardous	24052
waste that is authorized to be treated by it; or the	24053
establishment, modification, or operation of any facility or	24054
equipment appurtenant to a new or modified commercial hazardous	24055
waste incinerator, from division (C)(1)(a),or (b)~~, or (c)~~ or	24056
(C)(2) ~~or (3)~~ of section 3734.123 of the Revised Code.	24057

~~(2) The staff of the environmental protection agency may do~~	24058
~~both of the following:~~	24059

~~(a) Pursuant to division (D)(3) or (I)(4) of section 3734.05~~	24060
~~of the Revised Code, review an application for a hazardous waste~~	24061
~~facility installation and operation permit to establish a new~~	24062
~~commercial hazardous waste incinerator or a request to modify an~~	24063
~~existing incinerator to increase either the treatment capacity of~~	24064
~~the incinerator or the quantity of hazardous waste authorized to~~	24065
~~be treated by it~~;	24066

~~(b) Pursuant to division (D)(3) or (I)(4) of section 3734.05~~	24067
~~of the Revised Code, make a preliminary determination as to~~	24068
~~whether an application for a hazardous waste facility permit to~~	24069
~~install and operate a new commercial hazardous waste incinerator~~	24070
~~or a request to modify an existing incinerator to increase either~~	24071
~~the treatment capacity of the incinerator or the quantity of~~	24072
~~hazardous waste authorized to be treated by it appears to comply~~	24073
~~with the rules and performance standards set forth under divisions~~	24074
~~(D), (I), and (J) of section 3734.12 of the Revised Code.~~	24075

(3) ~~The hazardous waste facility board may do both of the~~	24076
~~following:~~	24077

~~(a)~~ Approve or disapprove an application for a hazardous	24078
waste facility installation and operation permit, and issue a	24079
permit, under ~~divisions~~division (D) ~~and (F)~~ of section 3734.05 of	24080
the Revised Code for a new commercial hazardous waste incinerator;	24081

~~(b) Under divisions (D) and (I)(7) of that section, approve~~	24082
(4) Approve or disapprove under division (I) of section 3734.05 of	24083
the Revised Code a request to modify the permit of an existing	24084
commercial hazardous waste incinerator to increase either the	24085
treatment capacity of the incinerator or the quantity of hazardous	24086
waste authorized to be treated by it.	24087

Sec. 3734.18. (A) There are hereby levied fees on the	24088
disposal of hazardous waste to be collected according to the	24089
following schedule at each disposal facility to which ~~the~~	24090
~~hazardous waste facility board has issued~~ a hazardous waste	24091
facility installation and operation permit or ~~the director of~~	24092
~~environmental protection has issued a~~ renewal of a permit ~~pursuant~~	24093
~~to section 3734.05 of the Revised Code~~has been issued under this	24094
chapter:	24095

(1) For disposal facilities that are off-site facilities as	24096
defined in division (E) of section 3734.02 of the Revised Code,	24097
fees shall be levied at the rate of four dollars and fifty cents	24098
per ton for hazardous waste disposed of by deep well injection and	24099
nine dollars per ton for hazardous waste disposed of by land	24100
application or landfilling. The owner or operator of the facility,	24101
as a trustee for the state, shall collect the fees and forward	24102
them to the director in accordance with rules adopted under this	24103
section.	24104

(2) For disposal facilities that are on-site or satellite	24105
facilities, as defined in division (E) of section 3734.02 of the	24106
Revised Code, fees shall be levied at the rate of two dollars per	24107
ton for hazardous waste disposed of by deep well injection and	24108
four dollars per ton for hazardous waste disposed of by land	24109
application or landfilling. The maximum annual disposal fee for an	24110
on-site disposal facility that disposes of one hundred thousand	24111
tons or less of hazardous waste in a year is twenty-five thousand	24112
dollars. The maximum annual disposal fee for an on-site facility	24113
that disposes of more than one hundred thousand tons of hazardous	24114
waste in a year by land application or landfilling is fifty	24115
thousand dollars, and the maximum annual fee for an on-site	24116
facility that disposes of more than one hundred thousand tons of	24117
hazardous waste in a year by deep well injection is one hundred	24118
thousand dollars. The maximum annual disposal fee for a satellite	24119
facility that disposes of one hundred thousand tons or less of	24120
hazardous waste in a year is thirty-seven thousand five hundred	24121
dollars, and the maximum annual disposal fee for a satellite	24122
facility that disposes of more than one hundred thousand tons of	24123
hazardous waste in a year is seventy-five thousand dollars, except	24124
that a satellite facility defined under division (E)(3)(b) of	24125
section 3734.02 of the Revised Code that receives hazardous waste	24126
from a single generation site is subject to the same maximum	24127
annual disposal fees as an on-site disposal facility. The owner or	24128
operator shall pay the fee to the director each year upon the	24129
anniversary of the date of issuance of the owner's or operator's	24130
installation and operation permit during the term of that permit	24131
and any renewal permit issued under division (H) of section	24132
3734.05 of the Revised Code. If payment is late, the owner or	24133
operator shall pay an additional ten per cent of the amount of the	24134
fee for each month that it is late.	24135

(B) There are hereby levied fees at the rate of two dollars	24136
per ton on hazardous waste that is treated at treatment facilities	24137
that are not on-site or satellite facilities, as defined in	24138
division (E) of section 3734.02 of the Revised Code, to which ~~the~~	24139
~~hazardous waste facility board has issued~~ a hazardous waste	24140
facility installation and operation permit or ~~the director~~renewal	24141
of a permit has been issued ~~a renewal permit~~under this chapter,	24142
or that are not subject to the hazardous waste facility	24143
installation and operation permit requirements under rules adopted	24144
by the director.	24145

(C) There are hereby levied additional fees on the treatment	24146
and disposal of hazardous waste at the rate of ten per cent of the	24147
applicable fees prescribed in division (A) or (B) of this section	24148
for the purposes of paying the costs of municipal corporations and	24149
counties for conducting reviews of applications for hazardous	24150
waste facility installation and operation permits for proposed new	24151
or modified hazardous waste landfills within their boundaries,	24152
emergency response actions with respect to releases of hazardous	24153
waste from hazardous waste facilities within their boundaries,	24154
monitoring the operation of such hazardous waste facilities, and	24155
local waste management planning programs. The owner or operator of	24156
a facility located within a municipal corporation, as a trustee	24157
for the municipal corporation, shall collect the fees levied by	24158
this division and forward them to the treasurer of the municipal	24159
corporation or such officer as, by virtue of the charter, has the	24160
duties of the treasurer in accordance with rules adopted under	24161
this section. The owner or operator of a facility located in an	24162
unincorporated area, as a trustee of the county in which the	24163
facility is located, shall collect the fees levied by this	24164
division and forward them to the county treasurer of that county	24165
in accordance with rules adopted under this section. The owner or	24166
operator shall pay the fees levied by this division to the	24167
treasurer or such other officer of the municipal corporation or to	24168
the county treasurer each year upon the anniversary of the date of	24169
issuance of the owner's or operator's installation and operation	24170
permit during the term of that permit and any renewal permit	24171
issued under division (H) of section 3734.05 of the Revised Code.	24172
If payment is late, the owner or operator shall pay an additional	24173
ten per cent of the amount of the fee for each month that the	24174
payment is late.	24175

Moneys received by a municipal corporation under this	24176
division shall be paid into a special fund of the municipal	24177
corporation and used exclusively for the purposes of conducting	24178
reviews of applications for hazardous waste facility installation	24179
and operation permits for new or modified hazardous waste	24180
landfills located or proposed within the municipal corporation,	24181
conducting emergency response actions with respect to releases of	24182
hazardous waste from facilities located within the municipal	24183
corporation, monitoring operation of such hazardous waste	24184
facilities, and conducting waste management planning programs	24185
within the municipal corporation through employees of the	24186
municipal corporation or pursuant to contracts entered into with	24187
persons or political subdivisions. Moneys received by a board of	24188
county commissioners under this division shall be paid into a	24189
special fund of the county and used exclusively for those purposes	24190
within the unincorporated area of the county through employees of	24191
the county or pursuant to contracts entered into with persons or	24192
political subdivisions.	24193

(D) As used in this section, "treatment" or "treated" does	24194
not include any method, technique, or process designed to recover	24195
energy or material resources from the waste or to render the waste	24196
amenable for recovery. The fees levied by division (B) of this	24197
section do not apply to hazardous waste that is treated and	24198
disposed of on the same premises or by the same person.	24199

(E) The director, by rules adopted in accordance with	24200
Chapters 119. and 3745. of the Revised Code, shall prescribe any	24201
dates not specified in this section and procedures for collecting	24202
and forwarding the fees prescribed by this section and may	24203
prescribe other requirements that are necessary to carry out this	24204
section.	24205

The director shall deposit the moneys collected under	24206
divisions (A) and (B) of this section into one or more minority	24207
banks, as "minority bank" is defined in division (F)(1) of section	24208
135.04 of the Revised Code, to the credit of the hazardous waste	24209
facility management fund, which is hereby created in the state	24210
treasury, except that the director shall deposit to the credit of	24211
the underground injection control fund created in section 6111.046	24212
of the Revised Code moneys in excess of fifty thousand dollars	24213
that are collected during a fiscal year under division (A)(2) of	24214
this section from the fee levied on the disposal of hazardous	24215
waste by deep well injection at an on-site disposal facility that	24216
disposes of more than one hundred thousand tons of hazardous waste	24217
in a year.	24218

The environmental protection agency ~~and the hazardous waste~~	24219
~~facility board~~ may use moneys in the hazardous waste facility	24220
management fund for administration of the hazardous waste program	24221
established under this chapter and, in accordance with this	24222
section, may request approval by the controlling board for that	24223
use on an annual basis. In addition, the agency may use and pledge	24224
moneys in that fund for repayment of and for interest on any loans	24225
made by the Ohio water development authority to the agency for the	24226
hazardous waste program established under this chapter without the	24227
necessity of requesting approval by the controlling board, which	24228
use and pledge shall have priority over any other use of the	24229
moneys in the fund.	24230

Until September 28, 1996, the director also may use moneys in	24231
the fund to pay the start-up costs of administering Chapter 3746.	24232
of the Revised Code.	24233

If moneys in the fund that the agency uses in accordance with	24234
this chapter are reimbursed by grants or other moneys from the	24235
United States government, the grants or other moneys shall be	24236
placed in the fund.	24237

Before the agency makes any expenditure from the fund other	24238
than for repayment of and interest on any loan made by the Ohio	24239
water development authority to the agency in accordance with this	24240
section, the controlling board shall approve the expenditure.	24241

Sec. 3734.28. All moneys collected under sections 3734.122,	24242
3734.13, 3734.20, 3734.22, 3734.24, and 3734.26 of the Revised	24243
Code and natural resource damages collected by the state under the	24244
"Comprehensive Environmental Response, Compensation, and Liability	24245
Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as amended, shall	24246
be paid into the state treasury to the credit of the hazardous	24247
waste clean-up fund, which is hereby created. The environmental	24248
protection agency shall use the moneys in the fund for the	24249
purposes set forth in division (D) of section 3734.122, sections	24250
3734.19, 3734.20, 3734.21, 3734.23, 3734.25, 3734.26, and 3734.27,	24251
and, through ~~June 30, 2003~~October 15, 2005, divisions (A)(1) and	24252
(2) of section 3745.12 and Chapter 3746. of the Revised Code,	24253
including any related enforcement expenses. In addition, the	24254
agency shall use the moneys in the fund to pay the state's	24255
long-term operation and maintenance costs or matching share for	24256
actions taken under the "Comprehensive Environmental Response,	24257
Compensation, and Liability Act of 1980," as amended. If those	24258
moneys are reimbursed by grants or other moneys from the United	24259
States or any other person, the moneys shall be placed in the fund	24260
and not in the general revenue fund.	24261

Sec. 3734.42. (A)(1) Except as otherwise provided in	24262
division (E)(2) of this section, every applicant for a permit	24263
other than a permit modification or renewal shall file a	24264
disclosure statement, on a form developed by the attorney general,	24265
with the director of environmental protection and the attorney	24266
general at the same time the applicant files an application for a	24267
permit other than a permit modification or renewal with the	24268
director.	24269

(2) Any individual required to be listed in the disclosure	24270
statement shall be fingerprinted for identification and	24271
investigation purposes in accordance with procedures established	24272
by the attorney general. An individual required to be	24273
fingerprinted under this section shall not be required to be	24274
fingerprinted more than once under this section.	24275

(3) The attorney general, within one hundred eighty days	24276
after receipt of the disclosure statement from an applicant for a	24277
permit, shall prepare and transmit to the director an	24278
investigative report on the applicant, based in part upon the	24279
disclosure statement, except that this deadline may be extended	24280
for a reasonable period of time, for good cause, by the director	24281
or the attorney general. In preparing this report, the attorney	24282
general may request and receive criminal history information from	24283
the federal bureau of investigation and any other law enforcement	24284
agency or organization. The attorney general may provide such	24285
confidentiality regarding the information received from a law	24286
enforcement agency as may be imposed by that agency as a condition	24287
for providing that information to the attorney general.	24288

(4) The review of the application by the director ~~or the~~	24289
~~hazardous waste facility board~~ shall include a review of the	24290
disclosure statement and investigative report.	24291

(B) All applicants and permittees shall provide any	24292
assistance or information requested by the director or the	24293
attorney general and shall cooperate in any inquiry or	24294
investigation conducted by the attorney general and any inquiry,	24295
investigation, or hearing conducted by the director ~~or the~~	24296
~~hazardous waste facility board~~. If, upon issuance of a formal	24297
request to answer any inquiry or produce information, evidence, or	24298
testimony, any applicant or permittee, any officer, director, or	24299
partner of any business concern, or any key employee of the	24300
applicant or permittee refuses to comply, the permit of the	24301
applicant or permittee may be denied or revoked by the director or	24302
~~the board~~.	24303

(C) The attorney general may charge and collect such fees	24304
from applicants and permittees as are necessary to cover the costs	24305
of administering and enforcing the investigative procedures	24306
authorized in sections 3734.41 to 3734.47 of the Revised Code. The	24307
attorney general shall transmit moneys collected under this	24308
division to the treasurer of state to be credited to the solid and	24309
hazardous waste background investigations fund, which is hereby	24310
created in the state treasury. Moneys in the fund shall be used	24311
solely for paying the attorney general's costs of administering	24312
and enforcing the investigative procedures authorized in sections	24313
3734.41 to 3734.47 of the Revised Code.	24314

(D) Annually on the anniversary date of the submission to the	24315
director by the attorney general of the investigative report for a	24316
specific facility, or annually on another date assigned by the	24317
attorney general, the appropriate applicant, permittee, or	24318
prospective owner shall submit to the attorney general, on a form	24319
provided by the attorney general, any and all information required	24320
to be included in a disclosure statement that has changed or been	24321
added in the immediately preceding year. If, in the immediately	24322
preceding year, there have been no changes in or additions to the	24323
information required to be included in a disclosure statement, the	24324
appropriate applicant, permittee, or prospective owner shall	24325
submit to the attorney general an affidavit stating that there	24326
have been no changes in or additions to that information during	24327
that time period.	24328

Notwithstanding the requirement for an annual submission of	24329
information, the following information shall be submitted within	24330
the periods specified:	24331

(1) Information required to be included in the disclosure	24332
statement for any new officer, director, partner, or key employee,	24333
to be submitted within ninety days from the addition of the	24334
officer, director, partner, or key employee;	24335

(2) Information required to be included in a disclosure	24336
statement for any new business concern, to be submitted within	24337
ninety days from the addition of the new business concern;	24338

(3) Information regarding any new criminal conviction, to be	24339
submitted within ninety days from the judgment entry of	24340
conviction.	24341

The failure to provide such information may constitute the	24342
basis for the revocation or denial of renewal of any permit or	24343
license issued in accordance with this chapter, provided that	24344
prior to any such denial or revocation, the director shall notify	24345
the applicant or permittee of the director's intention to do so	24346
and give the applicant or permittee fourteen days from the date of	24347
the notice to explain why the information was not provided. The	24348
director shall consider this information when determining whether	24349
to revoke or deny the permit or license.	24350

Nothing in this division affects the rights of the director	24351
or the attorney general granted under sections 3734.40 to 3734.47	24352
of the Revised Code to request information from a person at any	24353
other time.	24354

(E)(1) Except as otherwise provided in division (E)(2) of	24355
this section, every permittee who is not otherwise required to	24356
file a disclosure statement shall file a disclosure statement	24357
within five years after June 24, 1988, pursuant to a schedule for	24358
submissions of disclosure statements developed by the attorney	24359
general. The schedule shall provide all permittees and holders of	24360
a license with at least one hundred eighty days' notice prior to	24361
the date upon which the statement is to be submitted. All other	24362
terms of the schedule shall be established at the discretion of	24363
the attorney general and shall not be subject to judicial review.	24364

(2) An applicant for a permit for an off-site solid waste	24365
facility that is a scrap tire storage, monocell, monofill, or	24366
recovery facility issued under section 3734.76, 3734.77, or	24367
3734.78 of the Revised Code, as applicable, shall file a	24368
disclosure statement within five years after October 29, 1993,	24369
pursuant to a schedule for submissions of disclosure statements	24370
developed by the attorney general. The schedule shall provide all	24371
such applicants with at least one hundred eighty days' notice	24372
prior to the date upon which the statement shall be submitted. All	24373
other terms of the schedule shall be established at the discretion	24374
of the attorney general and shall not be subject to judicial	24375
review.	24376

Beginning five years after October 29, 1993, an applicant for	24377
such a permit shall file a disclosure statement in accordance with	24378
division (A)(1) of this section.	24379

(3) When a permittee submits a disclosure statement at the	24380
time it submits an application for a renewal or modification of	24381
its permit, the attorney general shall remove the permittee from	24382
the submission schedule established pursuant to division (E)(1) or	24383
(2) of this section.	24384

(4) After receiving a disclosure statement under division	24385
(E)(1) or (2) of this section, the attorney general shall prepare	24386
an investigative report and transmit it to the director. The	24387
director shall review the disclosure statement and investigative	24388
report to determine whether the statement or report contains	24389
information that if submitted with a permit application would	24390
require a denial of the permit pursuant to section 3734.44 of the	24391
Revised Code. If the director determines that the statement or	24392
report contains such information, the director may revoke any	24393
previously issued permit pursuant to section 3734.45 of the	24394
Revised Code, or the director shall deny any application for a	24395
renewal of a permit or license. When the renewal of the license is	24396
being performed by a board of health, the director shall instruct	24397
the board of health about those circumstances under which the	24398
renewal is required to be denied by this section.	24399

(F)(1) Whenever there is a change in ownership of any	24400
off-site solid waste facility, including incinerators, any	24401
transfer facility, any off-site infectious waste treatment	24402
facility, or any off-site hazardous waste treatment, storage, or	24403
disposal facility, the prospective owner shall file a disclosure	24404
statement with the attorney general and the director at least one	24405
hundred eighty days prior to the proposed change in ownership.	24406
Upon receipt of the disclosure statement, the attorney general	24407
shall prepare an investigative report and transmit it to the	24408
director. The director shall review the disclosure statement and	24409
investigative report to determine whether the statement or report	24410
contains information that if submitted with a permit application	24411
would require a denial of the permit pursuant to section 3734.44	24412
of the Revised Code. If the director determines that the statement	24413
or report contains such information, the director shall disapprove	24414
the change in ownership.	24415

(2) If the parties to a change in ownership decide to proceed	24416
with the change prior to the action of the director on the	24417
disclosure statement and investigative report, the parties shall	24418
include in all contracts or other documents reflecting the change	24419
in ownership language expressly making the change in ownership	24420
subject to the approval of the director and expressly negating the	24421
change if it is disapproved by the director pursuant to division	24422
(F)(1) of this section.	24423

(3) As used in this section, "change in ownership" includes	24424
any change in the names, other than those of officers, directors,	24425
partners, or key employees, contained in the disclosure statement.	24426

Sec. 3734.44. Notwithstanding the provisions of any law to	24427
the contrary, no permit or license shall be issued or renewed by	24428
the director of environmental protection~~, the hazardous waste~~	24429
~~facility board,~~ or a board of health:	24430

(A) Unless the director~~, the hazardous waste facility board,~~	24431
or the board of health finds that the applicant, in any prior	24432
performance record in the transportation, transfer, treatment,	24433
storage, or disposal of solid wastes, infectious wastes, or	24434
hazardous waste, has exhibited sufficient reliability, expertise,	24435
and competency to operate the solid waste, infectious waste, or	24436
hazardous waste facility, given the potential for harm to human	24437
health and the environment that could result from the	24438
irresponsible operation of the facility, or, if no prior record	24439
exists, that the applicant is likely to exhibit that reliability,	24440
expertise, and competence;	24441

(B) If any individual or business concern required to be	24442
listed in the disclosure statement or shown to have a beneficial	24443
interest in the business of the applicant or the permittee, other	24444
than an equity interest or debt liability, by the investigation	24445
thereof, has been convicted of any of the following crimes under	24446
the laws of this state or equivalent laws of any other	24447
jurisdiction:	24448

(1) Murder;

24449

(2) Kidnapping;

24450

(3) Gambling;

24451

(4) Robbery;

24452

(5) Bribery;

24453

(6) Extortion;

24454

(7) Criminal usury;

24455

(8) Arson;

24456

(9) Burglary;

24457

(10) Theft and related crimes;

24458

(11) Forgery and fraudulent practices;

24459

(12) Fraud in the offering, sale, or purchase of securities;

24460

(13) Alteration of motor vehicle identification numbers;

24461

(14) Unlawful manufacture, purchase, use, or transfer of	24462
firearms;	24463

(15) Unlawful possession or use of destructive devices or	24464
explosives;	24465

(16) Violation of section 2925.03, 2925.04, 2925.05, 2925.06,	24466
2925.11, 2925.32, or 2925.37 or Chapter 3719. of the Revised Code,	24467
unless the violation is for possession of less than one hundred	24468
grams of marihuana, less than five grams of marihuana resin or	24469
extraction or preparation of marihuana resin, or less than one	24470
gram of marihuana resin in a liquid concentrate, liquid extract,	24471
or liquid distillate form;	24472

(17) Engaging in a pattern of corrupt activity under section	24473
2923.32 of the Revised Code;	24474

(18) Violation of criminal provisions of Chapter 1331. of the	24475
Revised Code;	24476

(19) Any violation of the criminal provisions of any federal	24477
or state environmental protection laws, rules, or regulations that	24478
is committed knowingly or recklessly, as defined in section	24479
2901.22 of the Revised Code;	24480

(20) Violation of Chapter 2909. of the Revised Code;

24481

(21) Any offense specified in Chapter 2921. of the Revised	24482
Code.	24483

(C) Notwithstanding division (B) of this section, no	24484
applicant shall be denied the issuance or renewal of a permit or	24485
license on the basis of a conviction of any individual or business	24486
concern required to be listed in the disclosure statement or shown	24487
to have a beneficial interest in the business of the applicant or	24488
the permittee, other than an equity interest or debt liability, by	24489
the investigation thereof for any of the offenses enumerated in	24490
that division as disqualification criteria if that applicant has	24491
affirmatively demonstrated rehabilitation of the individual or	24492
business concern by a preponderance of the evidence. If any such	24493
individual was convicted of any of the offenses so enumerated that	24494
are felonies, a permit shall be denied unless five years have	24495
elapsed since the individual was fully discharged from	24496
imprisonment and parole for the offense, from a post-release	24497
control sanction imposed under section 2967.28 of the Revised Code	24498
for the offense, or imprisonment, probation, and parole for an	24499
offense that was committed prior to the effective date of this	24500
amendment. In determining whether an applicant has affirmatively	24501
demonstrated rehabilitation, the director~~, the hazardous waste~~	24502
~~facility board,~~ or the board of health shall request a	24503
recommendation on the matter from the attorney general and shall	24504
consider and base the determination on the following factors:	24505

(1) The nature and responsibilities of the position a	24506
convicted individual would hold;	24507

(2) The nature and seriousness of the offense;

24508

(3) The circumstances under which the offense occurred;

24509

(4) The date of the offense;

24510

(5) The age of the individual when the offense was committed;

24511

(6) Whether the offense was an isolated or repeated incident;

24512

(7) Any social conditions that may have contributed to the	24513
offense;	24514

(8) Any evidence of rehabilitation, including good conduct in	24515
prison or in the community, counseling or psychiatric treatment	24516
received, acquisition of additional academic or vocational	24517
schooling, successful participation in correctional work release	24518
programs, or the recommendation of persons who have or have had	24519
the applicant under their supervision;	24520

(9) In the instance of an applicant that is a business	24521
concern, rehabilitation shall be established if the applicant has	24522
implemented formal management controls to minimize and prevent the	24523
occurrence of violations and activities that will or may result in	24524
permit or license denial or revocation or if the applicant has	24525
formalized those controls as a result of a revocation or denial of	24526
a permit or license. Those controls may include, but are not	24527
limited to, instituting environmental auditing programs to help	24528
ensure the adequacy of internal systems to achieve, maintain, and	24529
monitor compliance with applicable environmental laws and	24530
standards or instituting an antitrust compliance auditing program	24531
to help ensure full compliance with applicable antitrust laws. The	24532
business concern shall prove by a preponderance of the evidence	24533
that the management controls are effective in preventing the	24534
violations that are the subject of concern.	24535

(D) Unless the director~~, the hazardous waste facility board,~~	24536
or the board of health finds that the applicant has a history of	24537
compliance with environmental laws in this state and other	24538
jurisdictions and is presently in substantial compliance with, or	24539
on a legally enforceable schedule that will result in compliance	24540
with, environmental laws in this state and other jurisdictions.;	24541

(E) With respect to the approval of a permit, if the director	24542
~~or the hazardous waste facility board~~ determines that current	24543
prosecutions or pending charges in any jurisdiction for any of the	24544
offenses enumerated in division (B) of this section against any	24545
individual or business concern required to be listed in the	24546
disclosure statement or shown by the investigation to have a	24547
beneficial interest in the business of the applicant other than an	24548
equity interest or debt liability are of such magnitude that they	24549
prevent making the finding required under division (A) of this	24550
section, provided that at the request of the applicant or the	24551
individual or business concern charged, the director ~~or the~~	24552
~~hazardous waste facility board~~ shall defer decision upon the	24553
application during the pendency of the charge.	24554

Sec. 3734.46. Notwithstanding the disqualification of the	24555
applicant or permittee pursuant to this chapter, the director of	24556
environmental protection~~, hazardous waste facility board,~~ or the	24557
board of health may issue or renew a permit or license if the	24558
applicant or permittee severs the interest of or affiliation with	24559
the individual or business concern that would otherwise cause that	24560
disqualification or may issue or renew a license on a temporary	24561
basis for a period not to exceed six months if the director or the	24562
board of health determines that the issuance or renewal of the	24563
permit or license is necessitated by the public interest.	24564

Sec. 3734.57. (A) For the purposes of paying the state's	24565
long-term operation costs or matching share for actions taken	24566
under the "Comprehensive Environmental Response, Compensation, and	24567
Liability Act of 1980," 94 Stat. 2767, 42 U.S.C.A. 9601, as	24568
amended; paying the costs of measures for proper clean-up of sites	24569
where polychlorinated biphenyls and substances, equipment, and	24570
devices containing or contaminated with polychlorinated biphenyls	24571
have been stored or disposed of; paying the costs of conducting	24572
surveys or investigations of solid waste facilities or other	24573
locations where it is believed that significant quantities of	24574
hazardous waste were disposed of and for conducting enforcement	24575
actions arising from the findings of such surveys or	24576
investigations; paying the costs of acquiring and cleaning up, or	24577
providing financial assistance for cleaning up, any hazardous	24578
waste facility or solid waste facility containing significant	24579
quantities of hazardous waste, that constitutes an imminent and	24580
substantial threat to public health or safety or the environment;	24581
and, from July 1, ~~2001~~2003, through June 30, ~~2004~~2006, for the	24582
purposes of paying the costs of administering and enforcing the	24583
laws pertaining to solid wastes, infectious wastes, and	24584
construction and demolition debris, including, without limitation,	24585
ground water evaluations related to solid wastes, infectious	24586
wastes, and construction and demolition debris, under this chapter	24587
and Chapter 3714. of the Revised Code and any rules adopted under	24588
them, and paying a share of the administrative costs of the	24589
environmental protection agency pursuant to section 3745.014 of	24590
the Revised Code, the following fees are hereby levied on the	24591
disposal of solid wastes in this state:	24592

(1) One dollar per ton on and after July 1, 1993;

24593

(2) An additional seventy-five cents per ton on and after	24594
July 1, ~~2001~~2003, through June 30, ~~2004~~2006.	24595

The owner or operator of a solid waste disposal facility	24596
shall collect the fees levied under this division as a trustee for	24597
the state and shall prepare and file with the director of	24598
environmental protection monthly returns indicating the total	24599
tonnage of solid wastes received for disposal at the gate of the	24600
facility and the total amount of the fees collected under this	24601
division. Not later than thirty days after the last day of the	24602
month to which such a return applies, the owner or operator shall	24603
mail to the director the return for that month together with the	24604
fees collected during that month as indicated on the return. The	24605
owner or operator may request an extension of not more than thirty	24606
days for filing the return and remitting the fees, provided that	24607
the owner or operator has submitted such a request in writing to	24608
the director together with a detailed description of why the	24609
extension is requested, the director has received the request not	24610
later than the day on which the return is required to be filed,	24611
and the director has approved the request. If the fees are not	24612
remitted within sixty days after the last day of the month during	24613
which they were collected, the owner or operator shall pay an	24614
additional fifty per cent of the amount of the fees for each month	24615
that they are late.	24616

One-half of the moneys remitted to the director under	24617
division (A)(1) of this section shall be credited to the hazardous	24618
waste facility management fund created in section 3734.18 of the	24619
Revised Code, and one-half shall be credited to the hazardous	24620
waste clean-up fund created in section 3734.28 of the Revised	24621
Code. The moneys remitted to the director under division (A)(2) of	24622
this section shall be credited to the solid waste fund, which is	24623
hereby created in the state treasury. The environmental protection	24624
agency shall use moneys in the solid waste fund only to pay the	24625
costs of administering and enforcing the laws pertaining to solid	24626
wastes, infectious wastes, and construction and demolition debris,	24627
including, without limitation, ground water evaluations related to	24628
solid wastes, infectious wastes, and construction and demolition	24629
debris, under this chapter and Chapter 3714. of the Revised Code	24630
and rules adopted under them and to pay a share of the	24631
administrative costs of the environmental protection agency	24632
pursuant to section 3745.014 of the Revised Code.	24633

The fees levied under this division and divisions (B) and (C)	24634
of this section are in addition to all other applicable fees and	24635
taxes and shall be added to any other fee or amount specified in a	24636
contract that is charged by the owner or operator of a solid waste	24637
disposal facility or to any other fee or amount that is specified	24638
in a contract entered into on or after March 4, 1992, and that is	24639
charged by a transporter of solid wastes.	24640

(B) For the purpose of preparing, revising, and implementing	24641
the solid waste management plan of the county or joint solid waste	24642
management district, including, without limitation, the	24643
development and implementation of solid waste recycling or	24644
reduction programs; providing financial assistance to boards of	24645
health within the district, if solid waste facilities are located	24646
within the district, for the enforcement of this chapter and rules	24647
adopted and orders and terms and conditions of permits, licenses,	24648
and variances issued under it, other than the hazardous waste	24649
provisions of this chapter and rules adopted and orders and terms	24650
and conditions of permits issued under those provisions; providing	24651
financial assistance to the county to defray the added costs of	24652
maintaining roads and other public facilities and of providing	24653
emergency and other public services resulting from the location	24654
and operation of a solid waste facility within the county under	24655
the district's approved solid waste management plan; paying the	24656
costs incurred by boards of health for collecting and analyzing	24657
water samples from public or private wells on lands adjacent to	24658
solid waste facilities that are contained in the approved or	24659
amended plan of the district; paying the costs of developing and	24660
implementing a program for the inspection of solid wastes	24661
generated outside the boundaries of this state that are disposed	24662
of at solid waste facilities included in the district's approved	24663
solid waste management plan or amended plan; providing financial	24664
assistance to boards of health within the district for enforcing	24665
laws prohibiting open dumping; providing financial assistance to	24666
local law enforcement agencies within the district for enforcing	24667
laws and ordinances prohibiting littering; providing financial	24668
assistance to boards of health of health districts within the	24669
district that are on the approved list under section 3734.08 of	24670
the Revised Code for the training and certification required for	24671
their employees responsible for solid waste enforcement by rules	24672
adopted under division (L) of section 3734.02 of the Revised Code;	24673
providing financial assistance to individual municipal	24674
corporations and townships within the district to defray their	24675
added costs of maintaining roads and other public facilities and	24676
of providing emergency and other public services resulting from	24677
the location and operation within their boundaries of a	24678
composting, energy or resource recovery, incineration, or	24679
recycling facility that either is owned by the district or is	24680
furnishing solid waste management facility or recycling services	24681
to the district pursuant to a contract or agreement with the board	24682
of county commissioners or directors of the district; and payment	24683
of any expenses that are agreed to, awarded, or ordered to be paid	24684
under section 3734.35 of the Revised Code and of any	24685
administrative costs incurred pursuant to that section, the solid	24686
waste management policy committee of a county or joint solid waste	24687
management district may levy fees upon the following activities:	24688

(1) The disposal at a solid waste disposal facility located	24689
in the district of solid wastes generated within the district;	24690

(2) The disposal at a solid waste disposal facility within	24691
the district of solid wastes generated outside the boundaries of	24692
the district, but inside this state;	24693

(3) The disposal at a solid waste disposal facility within	24694
the district of solid wastes generated outside the boundaries of	24695
this state.	24696

If any such fees are levied prior to January 1, 1994, fees	24697
levied under division (B)(1) of this section always shall be equal	24698
to one-half of the fees levied under division (B)(2) of this	24699
section, and fees levied under division (B)(3) of this section,	24700
which shall be in addition to fees levied under division (B)(2) of	24701
this section, always shall be equal to fees levied under division	24702
(B)(1) of this section, except as otherwise provided in this	24703
division. The solid waste management plan of the county or joint	24704
district approved under section 3734.521 or 3734.55 of the Revised	24705
Code and any amendments to it, or the resolution adopted under	24706
this division, as appropriate, shall establish the rates of the	24707
fees levied under divisions (B)(1), (2), and (3) of this section,	24708
if any, and shall specify whether the fees are levied on the basis	24709
of tons or cubic yards as the unit of measurement. Although the	24710
fees under divisions (A)(1) and (2) of this section are levied on	24711
the basis of tons as the unit of measurement, the solid waste	24712
management plan of the district and any amendments to it or the	24713
solid waste management policy committee in its resolution levying	24714
fees under this division may direct that the fees levied under	24715
those divisions be levied on the basis of cubic yards as the unit	24716
of measurement based upon a conversion factor of three cubic yards	24717
per ton generally or one cubic yard per ton for baled wastes if	24718
the fees under divisions (B)(1) to (3) of this section are being	24719
levied on the basis of cubic yards as the unit of measurement	24720
under the plan, amended plan, or resolution.	24721

On and after January 1, 1994, the fee levied under division	24722
(B)(1) of this section shall be not less than one dollar per ton	24723
nor more than two dollars per ton, the fee levied under division	24724
(B)(2) of this section shall be not less than two dollars per ton	24725
nor more than four dollars per ton, and the fee levied under	24726
division (B)(3) of this section shall be not more than the fee	24727
levied under division (B)(1) of this section, except as otherwise	24728
provided in this division and notwithstanding any schedule of	24729
those fees established in the solid waste management plan of a	24730
county or joint district approved under section 3734.55 of the	24731
Revised Code or a resolution adopted and ratified under this	24732
division that is in effect on that date. If the fee that a	24733
district is levying under division (B)(1) of this section on that	24734
date under its approved plan or such a resolution is less than one	24735
dollar per ton, the fee shall be one dollar per ton on and after	24736
January 1, 1994, and if the fee that a district is so levying	24737
under that division exceeds two dollars per ton, the fee shall be	24738
two dollars per ton on and after that date. If the fee that a	24739
district is so levying under division (B)(2) of this section is	24740
less than two dollars per ton, the fee shall be two dollars per	24741
ton on and after that date, and if the fee that the district is so	24742
levying under that division exceeds four dollars per ton, the fee	24743
shall be four dollars per ton on and after that date. On that	24744
date, the fee levied by a district under division (B)(3) of this	24745
section shall be equal to the fee levied under division (B)(1) of	24746
this section. Except as otherwise provided in this division, the	24747
fees established by the operation of this amendment shall remain	24748
in effect until the district's resolution levying fees under this	24749
division is amended or repealed in accordance with this division	24750
to amend or abolish the schedule of fees, the schedule of fees is	24751
amended or abolished in an amended plan of the district approved	24752
under section 3734.521 or division (A) or (D) of section 3734.56	24753
of the Revised Code, or the schedule of fees is amended or	24754
abolished through an amendment to the district's plan under	24755
division (E) of section 3734.56 of the Revised Code; the	24756
notification of the amendment or abolishment of the fees has been	24757
given in accordance with this division; and collection of the	24758
amended fees so established commences, or collection of the fees	24759
ceases, in accordance with this division.	24760

The solid waste management policy committee of a district	24761
levying fees under divisions (B)(1) to (3) of this section on	24762
October 29, 1993, under its solid waste management plan approved	24763
under section 3734.55 of the Revised Code or a resolution adopted	24764
and ratified under this division that are within the ranges of	24765
rates prescribed by this amendment, by adoption of a resolution	24766
not later than December 1, 1993, and without the necessity for	24767
ratification of the resolution under this division, may amend	24768
those fees within the prescribed ranges, provided that the	24769
estimated revenues from the amended fees will not substantially	24770
exceed the estimated revenues set forth in the district's budget	24771
for calendar year 1994. Not later than seven days after the	24772
adoption of such a resolution, the committee shall notify by	24773
certified mail the owner or operator of each solid waste disposal	24774
facility that is required to collect the fees of the adoption of	24775
the resolution and of the amount of the amended fees. Collection	24776
of the amended fees shall take effect on the first day of the	24777
first month following the month in which the notification is sent	24778
to the owner or operator. The fees established in such a	24779
resolution shall remain in effect until the district's resolution	24780
levying fees that was adopted and ratified under this division is	24781
amended or repealed, and the amendment or repeal of the resolution	24782
is ratified, in accordance with this division, to amend or abolish	24783
the fees, the schedule of fees is amended or abolished in an	24784
amended plan of the district approved under section 3734.521 or	24785
division (A) or (D) of section 3734.56 of the Revised Code, or the	24786
schedule of fees is amended or abolished through an amendment to	24787
the district's plan under division (E) of section 3734.56 of the	24788
Revised Code; the notification of the amendment or abolishment of	24789
the fees has been given in accordance with this division; and	24790
collection of the amended fees so established commences, or	24791
collection of the fees ceases, in accordance with this division.	24792

Prior to the approval of the solid waste management plan of	24793
the district under section 3734.55 of the Revised Code, the solid	24794
waste management policy committee of a district may levy fees	24795
under this division by adopting a resolution establishing the	24796
proposed amount of the fees. Upon adopting the resolution, the	24797
committee shall deliver a copy of the resolution to the board of	24798
county commissioners of each county forming the district and to	24799
the legislative authority of each municipal corporation and	24800
township under the jurisdiction of the district and shall prepare	24801
and publish the resolution and a notice of the time and location	24802
where a public hearing on the fees will be held. Upon adopting the	24803
resolution, the committee shall deliver written notice of the	24804
adoption of the resolution; of the amount of the proposed fees;	24805
and of the date, time, and location of the public hearing to the	24806
director and to the fifty industrial, commercial, or institutional	24807
generators of solid wastes within the district that generate the	24808
largest quantities of solid wastes, as determined by the	24809
committee, and to their local trade associations. The committee	24810
shall make good faith efforts to identify those generators within	24811
the district and their local trade associations, but the	24812
nonprovision of notice under this division to a particular	24813
generator or local trade association does not invalidate the	24814
proceedings under this division. The publication shall occur at	24815
least thirty days before the hearing. After the hearing, the	24816
committee may make such revisions to the proposed fees as it	24817
considers appropriate and thereafter, by resolution, shall adopt	24818
the revised fee schedule. Upon adopting the revised fee schedule,	24819
the committee shall deliver a copy of the resolution doing so to	24820
the board of county commissioners of each county forming the	24821
district and to the legislative authority of each municipal	24822
corporation and township under the jurisdiction of the district.	24823
Within sixty days after the delivery of a copy of the resolution	24824
adopting the proposed revised fees by the policy committee, each	24825
such board and legislative authority, by ordinance or resolution,	24826
shall approve or disapprove the revised fees and deliver a copy of	24827
the ordinance or resolution to the committee. If any such board or	24828
legislative authority fails to adopt and deliver to the policy	24829
committee an ordinance or resolution approving or disapproving the	24830
revised fees within sixty days after the policy committee	24831
delivered its resolution adopting the proposed revised fees, it	24832
shall be conclusively presumed that the board or legislative	24833
authority has approved the proposed revised fees.	24834

In the case of a county district or a joint district formed	24835
by two or three counties, the committee shall declare the proposed	24836
revised fees to be ratified as the fee schedule of the district	24837
upon determining that the board of county commissioners of each	24838
county forming the district has approved the proposed revised fees	24839
and that the legislative authorities of a combination of municipal	24840
corporations and townships with a combined population within the	24841
district comprising at least sixty per cent of the total	24842
population of the district have approved the proposed revised	24843
fees, provided that in the case of a county district, that	24844
combination shall include the municipal corporation having the	24845
largest population within the boundaries of the district, and	24846
provided further that in the case of a joint district formed by	24847
two or three counties, that combination shall include for each	24848
county forming the joint district the municipal corporation having	24849
the largest population within the boundaries of both the county in	24850
which the municipal corporation is located and the joint district.	24851
In the case of a joint district formed by four or more counties,	24852
the committee shall declare the proposed revised fees to be	24853
ratified as the fee schedule of the joint district upon	24854
determining that the boards of county commissioners of a majority	24855
of the counties forming the district have approved the proposed	24856
revised fees; that, in each of a majority of the counties forming	24857
the joint district, the proposed revised fees have been approved	24858
by the municipal corporation having the largest population within	24859
the county and the joint district; and that the legislative	24860
authorities of a combination of municipal corporations and	24861
townships with a combined population within the joint district	24862
comprising at least sixty per cent of the total population of the	24863
joint district have approved the proposed revised fees.	24864

For the purposes of this division, only the population of the	24865
unincorporated area of a township shall be considered. For the	24866
purpose of determining the largest municipal corporation within	24867
each county under this division, a municipal corporation that is	24868
located in more than one solid waste management district, but that	24869
is under the jurisdiction of one county or joint solid waste	24870
management district in accordance with division (A) of section	24871
3734.52 of the Revised Code shall be considered to be within the	24872
boundaries of the county in which a majority of the population of	24873
the municipal corporation resides.	24874

The committee may amend the schedule of fees levied pursuant	24875
to a resolution or amended resolution adopted and ratified under	24876
this division by adopting a resolution establishing the proposed	24877
amount of the amended fees. The committee may abolish the fees	24878
levied pursuant to such a resolution or amended resolution by	24879
adopting a resolution proposing to repeal them. Upon adopting such	24880
a resolution, the committee shall proceed to obtain ratification	24881
of the resolution in accordance with this division.	24882

Not later than fourteen days after declaring the fees or	24883
amended fees to be ratified under this division, the committee	24884
shall notify by certified mail the owner or operator of each solid	24885
waste disposal facility that is required to collect the fees of	24886
the ratification and the amount of the fees. Collection of any	24887
fees or amended fees ratified on or after March 24, 1992, shall	24888
commence on the first day of the second month following the month	24889
in which notification is sent to the owner or operator.	24890

Not later than fourteen days after declaring the repeal of	24891
the district's schedule of fees to be ratified under this	24892
division, the committee shall notify by certified mail the owner	24893
or operator of each facility that is collecting the fees of the	24894
repeal. Collection of the fees shall cease on the first day of the	24895
second month following the month in which notification is sent to	24896
the owner or operator.	24897

Not later than fourteen days after the director issues an	24898
order approving a district's solid waste management plan under	24899
section 3734.55 of the Revised Code or amended plan under division	24900
(A) or (D) of section 3734.56 of the Revised Code that establishes	24901
or amends a schedule of fees levied by the district, or the	24902
ratification of an amendment to the district's approved plan or	24903
amended plan under division (E) of section 3734.56 of the Revised	24904
Code that establishes or amends a schedule of fees, as	24905
appropriate, the committee shall notify by certified mail the	24906
owner or operator of each solid waste disposal facility that is	24907
required to collect the fees of the approval of the plan or	24908
amended plan, or the amendment to the plan, as appropriate, and	24909
the amount of the fees or amended fees. In the case of an initial	24910
or amended plan approved under section 3734.521 of the Revised	24911
Code in connection with a change in district composition, other	24912
than one involving the withdrawal of a county from a joint	24913
district, that establishes or amends a schedule of fees levied	24914
under divisions (B)(1) to (3) of this section by a district	24915
resulting from the change, the committee, within fourteen days	24916
after the change takes effect pursuant to division (G) of that	24917
section, shall notify by certified mail the owner or operator of	24918
each solid waste disposal facility that is required to collect the	24919
fees that the change has taken effect and of the amount of the	24920
fees or amended fees. Collection of any fees set forth in a plan	24921
or amended plan approved by the director on or after April 16,	24922
1993, or an amendment of a plan or amended plan under division (E)	24923
of section 3734.56 of the Revised Code that is ratified on or	24924
after April 16, 1993, shall commence on the first day of the	24925
second month following the month in which notification is sent to	24926
the owner or operator.	24927

Not later than fourteen days after the director issues an	24928
order approving a district's plan under section 3734.55 of the	24929
Revised Code or amended plan under division (A) or (D) of section	24930
3734.56 of the Revised Code that abolishes the schedule of fees	24931
levied under divisions (B)(1) to (3) of this section, or an	24932
amendment to the district's approved plan or amended plan	24933
abolishing the schedule of fees is ratified pursuant to division	24934
(E) of section 3734.56 of the Revised Code, as appropriate, the	24935
committee shall notify by certified mail the owner or operator of	24936
each facility that is collecting the fees of the approval of the	24937
plan or amended plan, or the amendment of the plan or amended	24938
plan, as appropriate, and the abolishment of the fees. In the case	24939
of an initial or amended plan approved under section 3734.521 of	24940
the Revised Code in connection with a change in district	24941
composition, other than one involving the withdrawal of a county	24942
from a joint district, that abolishes the schedule of fees levied	24943
under divisions (B)(1) to (3) of this section by a district	24944
resulting from the change, the committee, within fourteen days	24945
after the change takes effect pursuant to division (G) of that	24946
section, shall notify by certified mail the owner or operator of	24947
each solid waste disposal facility that is required to collect the	24948
fees that the change has taken effect and of the abolishment of	24949
the fees. Collection of the fees shall cease on the first day of	24950
the second month following the month in which notification is sent	24951
to the owner or operator.	24952

Except as otherwise provided in this division, if the	24953
schedule of fees that a district is levying under divisions (B)(1)	24954
to (3) of this section pursuant to a resolution or amended	24955
resolution adopted and ratified under this division, the solid	24956
waste management plan of the district approved under section	24957
3734.55 of the Revised Code, an amended plan approved under	24958
division (A) or (D) of section 3734.56 of the Revised Code, or an	24959
amendment to the district's approved plan or amended plan under	24960
division (E) of section 3734.56 of the Revised Code, is amended by	24961
the adoption and ratification of an amendment to the resolution or	24962
amended resolution or an amendment of the district's approved plan	24963
or amended plan, the fees in effect immediately prior to the	24964
approval of the plan or the amendment of the resolution, amended	24965
resolution, plan, or amended plan, as appropriate, shall continue	24966
to be collected until collection of the amended fees commences	24967
pursuant to this division.	24968

If, in the case of a change in district composition involving	24969
the withdrawal of a county from a joint district, the director	24970
completes the actions required under division (G)(1) or (3) of	24971
section 3734.521 of the Revised Code, as appropriate, forty-five	24972
days or more before the beginning of a calendar year, the policy	24973
committee of each of the districts resulting from the change that	24974
obtained the director's approval of an initial or amended plan in	24975
connection with the change, within fourteen days after the	24976
director's completion of the required actions, shall notify by	24977
certified mail the owner or operator of each solid waste disposal	24978
facility that is required to collect the district's fees that the	24979
change is to take effect on the first day of January immediately	24980
following the issuance of the notice and of the amount of the fees	24981
or amended fees levied under divisions (B)(1) to (3) of this	24982
section pursuant to the district's initial or amended plan as so	24983
approved or, if appropriate, the abolishment of the district's	24984
fees by that initial or amended plan. Collection of any fees set	24985
forth in such a plan or amended plan shall commence on the first	24986
day of January immediately following the issuance of the notice.	24987
If such an initial or amended plan abolishes a schedule of fees,	24988
collection of the fees shall cease on that first day of January.	24989

If, in the case of a change in district composition involving	24990
the withdrawal of a county from a joint district, the director	24991
completes the actions required under division (G)(1) or (3) of	24992
section 3734.521 of the Revised Code, as appropriate, less than	24993
forty-five days before the beginning of a calendar year, the	24994
director, on behalf of each of the districts resulting from the	24995
change that obtained the director's approval of an initial or	24996
amended plan in connection with the change proceedings, shall	24997
notify by certified mail the owner or operator of each solid waste	24998
disposal facility that is required to collect the district's fees	24999
that the change is to take effect on the first day of January	25000
immediately following the mailing of the notice and of the amount	25001
of the fees or amended fees levied under divisions (B)(1) to (3)	25002
of this section pursuant to the district's initial or amended plan	25003
as so approved or, if appropriate, the abolishment of the	25004
district's fees by that initial or amended plan. Collection of any	25005
fees set forth in such a plan or amended plan shall commence on	25006
the first day of the second month following the month in which	25007
notification is sent to the owner or operator. If such an initial	25008
or amended plan abolishes a schedule of fees, collection of the	25009
fees shall cease on the first day of the second month following	25010
the month in which notification is sent to the owner or operator.	25011

In the case of a change in district composition, the schedule	25012
of fees that the former districts that existed prior to the change	25013
were levying under divisions (B)(1) to (3) of this section	25014
pursuant to a resolution or amended resolution adopted and	25015
ratified under this division, the solid waste management plan of a	25016
former district approved under section 3734.521 or 3734.55 of the	25017
Revised Code, an amended plan approved under section 3734.521 or	25018
division (A) or (D) of section 3734.56 of the Revised Code, or an	25019
amendment to a former district's approved plan or amended plan	25020
under division (E) of section 3734.56 of the Revised Code, and	25021
that were in effect on the date that the director completed the	25022
actions required under division (G)(1) or (3) of section 3734.521	25023
of the Revised Code shall continue to be collected until the	25024
collection of the fees or amended fees of the districts resulting	25025
from the change is required to commence, or if an initial or	25026
amended plan of a resulting district abolishes a schedule of fees,	25027
collection of the fees is required to cease, under this division.	25028
Moneys so received from the collection of the fees of the former	25029
districts shall be divided among the resulting districts in	25030
accordance with division (B) of section 343.012 of the Revised	25031
Code and the agreements entered into under division (B) of section	25032
343.01 of the Revised Code to establish the former and resulting	25033
districts and any amendments to those agreements.	25034

For the purposes of the provisions of division (B) of this	25035
section establishing the times when newly established or amended	25036
fees levied by a district are required to commence and the	25037
collection of fees that have been amended or abolished is required	25038
to cease, "fees" or "schedule of fees" includes, in addition to	25039
fees levied under divisions (B)(1) to (3) of this section, those	25040
levied under section 3734.573 or 3734.574 of the Revised Code.	25041

(C) For the purposes of defraying the added costs to a	25042
municipal corporation or township of maintaining roads and other	25043
public facilities and of providing emergency and other public	25044
services, and compensating a municipal corporation or township for	25045
reductions in real property tax revenues due to reductions in real	25046
property valuations resulting from the location and operation of a	25047
solid waste disposal facility within the municipal corporation or	25048
township, a municipal corporation or township in which such a	25049
solid waste disposal facility is located may levy a fee of not	25050
more than twenty-five cents per ton on the disposal of solid	25051
wastes at a solid waste disposal facility located within the	25052
boundaries of the municipal corporation or township regardless of	25053
where the wastes were generated.	25054

The legislative authority of a municipal corporation or	25055
township may levy fees under this division by enacting an	25056
ordinance or adopting a resolution establishing the amount of the	25057
fees. Upon so doing the legislative authority shall mail a	25058
certified copy of the ordinance or resolution to the board of	25059
county commissioners or directors of the county or joint solid	25060
waste management district in which the municipal corporation or	25061
township is located or, if a regional solid waste management	25062
authority has been formed under section 343.011 of the Revised	25063
Code, to the board of trustees of that regional authority, the	25064
owner or operator of each solid waste disposal facility in the	25065
municipal corporation or township that is required to collect the	25066
fee by the ordinance or resolution, and the director of	25067
environmental protection. Although the fees levied under this	25068
division are levied on the basis of tons as the unit of	25069
measurement, the legislative authority, in its ordinance or	25070
resolution levying the fees under this division, may direct that	25071
the fees be levied on the basis of cubic yards as the unit of	25072
measurement based upon a conversion factor of three cubic yards	25073
per ton generally or one cubic yard per ton for baled wastes.	25074

Not later than five days after enacting an ordinance or	25075
adopting a resolution under this division, the legislative	25076
authority shall so notify by certified mail the owner or operator	25077
of each solid waste disposal facility that is required to collect	25078
the fee. Collection of any fee levied on or after March 24, 1992,	25079
shall commence on the first day of the second month following the	25080
month in which notification is sent to the owner or operator.	25081

(D)(1) The fees levied under divisions (A), (B), and (C) of	25082
this section do not apply to the disposal of solid wastes that:	25083

(a) Are disposed of at a facility owned by the generator of	25084
the wastes when the solid waste facility exclusively disposes of	25085
solid wastes generated at one or more premises owned by the	25086
generator regardless of whether the facility is located on a	25087
premises where the wastes are generated;	25088

(b) Are disposed of at facilities that exclusively dispose of	25089
wastes that are generated from the combustion of coal, or from the	25090
combustion of primarily coal in combination with scrap tires, that	25091
is not combined in any way with garbage at one or more premises	25092
owned by the generator.	25093

(2) Except as provided in section 3734.571 of the Revised	25094
Code, any fees levied under division (B)(1) of this section apply	25095
to solid wastes originating outside the boundaries of a county or	25096
joint district that are covered by an agreement for the joint use	25097
of solid waste facilities entered into under section 343.02 of the	25098
Revised Code by the board of county commissioners or board of	25099
directors of the county or joint district where the wastes are	25100
generated and disposed of.	25101

(3) When solid wastes, other than solid wastes that consist	25102
of scrap tires, are burned in a disposal facility that is an	25103
incinerator or energy recovery facility, the fees levied under	25104
divisions (A), (B), and (C) of this section shall be levied upon	25105
the disposal of the fly ash and bottom ash remaining after burning	25106
of the solid wastes and shall be collected by the owner or	25107
operator of the sanitary landfill where the ash is disposed of.	25108

(4) When solid wastes are delivered to a solid waste transfer	25109
facility, the fees levied under divisions (A), (B), and (C) of	25110
this section shall be levied upon the disposal of solid wastes	25111
transported off the premises of the transfer facility for disposal	25112
and shall be collected by the owner or operator of the solid waste	25113
disposal facility where the wastes are disposed of.	25114

(5) The fees levied under divisions (A), (B), and (C) of this	25115
section do not apply to sewage sludge that is generated by a waste	25116
water treatment facility holding a national pollutant discharge	25117
elimination system permit and that is disposed of through	25118
incineration, land application, or composting or at another	25119
resource recovery or disposal facility that is not a landfill.	25120

(6) The fees levied under divisions (A), (B), and (C) of this	25121
section do not apply to solid wastes delivered to a solid waste	25122
composting facility for processing. When any unprocessed solid	25123
waste or compost product is transported off the premises of a	25124
composting facility and disposed of at a landfill, the fees levied	25125
under divisions (A), (B), and (C) of this section shall be	25126
collected by the owner or operator of the landfill where the	25127
unprocessed waste or compost product is disposed of.	25128

(7) When solid wastes that consist of scrap tires are	25129
processed at a scrap tire recovery facility, the fees levied under	25130
divisions (A), (B), and (C) of this section shall be levied upon	25131
the disposal of the fly ash and bottom ash or other solid wastes	25132
remaining after the processing of the scrap tires and shall be	25133
collected by the owner or operator of the solid waste disposal	25134
facility where the ash or other solid wastes are disposed of.	25135

(E) The fees levied under divisions (B) and (C) of this	25136
section shall be collected by the owner or operator of the solid	25137
waste disposal facility where the wastes are disposed of as a	25138
trustee for the county or joint district and municipal corporation	25139
or township where the wastes are disposed of. Moneys from the fees	25140
levied under division (B) of this section shall be forwarded to	25141
the board of county commissioners or board of directors of the	25142
district in accordance with rules adopted under division (H) of	25143
this section. Moneys from the fees levied under division (C) of	25144
this section shall be forwarded to the treasurer or such other	25145
officer of the municipal corporation as, by virtue of the charter,	25146
has the duties of the treasurer or to the clerk of the township,	25147
as appropriate, in accordance with those rules.	25148

(F) Moneys received by the treasurer or such other officer of	25149
the municipal corporation under division (E) of this section shall	25150
be paid into the general fund of the municipal corporation. Moneys	25151
received by the clerk of the township under that division shall be	25152
paid into the general fund of the township. The treasurer or such	25153
other officer of the municipal corporation or the clerk, as	25154
appropriate, shall maintain separate records of the moneys	25155
received from the fees levied under division (C) of this section.	25156

(G) Moneys received by the board of county commissioners or	25157
board of directors under division (E) of this section or section	25158
3734.571, 3734.572, 3734.573, or 3734.574 of the Revised Code	25159
shall be paid to the county treasurer, or other official acting in	25160
a similar capacity under a county charter, in a county district or	25161
to the county treasurer or other official designated by the board	25162
of directors in a joint district and kept in a separate and	25163
distinct fund to the credit of the district. If a regional solid	25164
waste management authority has been formed under section 343.011	25165
of the Revised Code, moneys received by the board of trustees of	25166
that regional authority under division (E) of this section shall	25167
be kept by the board in a separate and distinct fund to the credit	25168
of the district. Moneys in the special fund of the county or joint	25169
district arising from the fees levied under division (B) of this	25170
section and the fee levied under division (A) of section 3734.573	25171
of the Revised Code shall be expended by the board of county	25172
commissioners or directors of the district in accordance with the	25173
district's solid waste management plan or amended plan approved	25174
under section 3734.521, 3734.55, or 3734.56 of the Revised Code	25175
exclusively for the following purposes:	25176

(1) Preparation of the solid waste management plan of the	25177
district under section 3734.54 of the Revised Code, monitoring	25178
implementation of the plan, and conducting the periodic review and	25179
amendment of the plan required by section 3734.56 of the Revised	25180
Code by the solid waste management policy committee;	25181

(2) Implementation of the approved solid waste management	25182
plan or amended plan of the district, including, without	25183
limitation, the development and implementation of solid waste	25184
recycling or reduction programs;	25185

(3) Providing financial assistance to boards of health within	25186
the district, if solid waste facilities are located within the	25187
district, for enforcement of this chapter and rules, orders, and	25188
terms and conditions of permits, licenses, and variances adopted	25189
or issued under it, other than the hazardous waste provisions of	25190
this chapter and rules adopted and orders and terms and conditions	25191
of permits issued under those provisions;	25192

(4) Providing financial assistance to each county within the	25193
district to defray the added costs of maintaining roads and other	25194
public facilities and of providing emergency and other public	25195
services resulting from the location and operation of a solid	25196
waste facility within the county under the district's approved	25197
solid waste management plan or amended plan;	25198

(5) Pursuant to contracts entered into with boards of health	25199
within the district, if solid waste facilities contained in the	25200
district's approved plan or amended plan are located within the	25201
district, for paying the costs incurred by those boards of health	25202
for collecting and analyzing samples from public or private water	25203
wells on lands adjacent to those facilities;	25204

(6) Developing and implementing a program for the inspection	25205
of solid wastes generated outside the boundaries of this state	25206
that are disposed of at solid waste facilities included in the	25207
district's approved solid waste management plan or amended plan;	25208

(7) Providing financial assistance to boards of health within	25209
the district for the enforcement of section 3734.03 of the Revised	25210
Code or to local law enforcement agencies having jurisdiction	25211
within the district for enforcing anti-littering laws and	25212
ordinances;	25213

(8) Providing financial assistance to boards of health of	25214
health districts within the district that are on the approved list	25215
under section 3734.08 of the Revised Code to defray the costs to	25216
the health districts for the participation of their employees	25217
responsible for enforcement of the solid waste provisions of this	25218
chapter and rules adopted and orders and terms and conditions of	25219
permits, licenses, and variances issued under those provisions in	25220
the training and certification program as required by rules	25221
adopted under division (L) of section 3734.02 of the Revised Code;	25222

(9) Providing financial assistance to individual municipal	25223
corporations and townships within the district to defray their	25224
added costs of maintaining roads and other public facilities and	25225
of providing emergency and other public services resulting from	25226
the location and operation within their boundaries of a	25227
composting, energy or resource recovery, incineration, or	25228
recycling facility that either is owned by the district or is	25229
furnishing solid waste management facility or recycling services	25230
to the district pursuant to a contract or agreement with the board	25231
of county commissioners or directors of the district;	25232

(10) Payment of any expenses that are agreed to, awarded, or	25233
ordered to be paid under section 3734.35 of the Revised Code and	25234
of any administrative costs incurred pursuant to that section. In	25235
the case of a joint solid waste management district, if the board	25236
of county commissioners of one of the counties in the district is	25237
negotiating on behalf of affected communities, as defined in that	25238
section, in that county, the board shall obtain the approval of	25239
the board of directors of the district in order to expend moneys	25240
for administrative costs incurred.	25241

Prior to the approval of the district's solid waste	25242
management plan under section 3734.55 of the Revised Code, moneys	25243
in the special fund of the district arising from the fees shall be	25244
expended for those purposes in the manner prescribed by the solid	25245
waste management policy committee by resolution.	25246

Notwithstanding division (G)(6) of this section as it existed	25247
prior to October 29, 1993, or any provision in a district's solid	25248
waste management plan prepared in accordance with division	25249
(B)(2)(e) of section 3734.53 of the Revised Code as it existed	25250
prior to that date, any moneys arising from the fees levied under	25251
division (B)(3) of this section prior to January 1, 1994, may be	25252
expended for any of the purposes authorized in divisions (G)(1) to	25253
(10) of this section.	25254

(H) The director shall adopt rules in accordance with Chapter	25255
119. of the Revised Code prescribing procedures for collecting and	25256
forwarding the fees levied under divisions (B) and (C) of this	25257
section to the boards of county commissioners or directors of	25258
county or joint solid waste management districts and to the	25259
treasurers or other officers of municipal corporations or to the	25260
clerks of townships. The rules also shall prescribe the dates for	25261
forwarding the fees to the boards and officials and may prescribe	25262
any other requirements the director considers necessary or	25263
appropriate to implement and administer divisions (A), (B), and	25264
(C) of this section. Collection of the fees levied under division	25265
(A)(1) of this section shall commence on July 1, 1993. Collection	25266
of the fees levied under division (A)(2) of this section shall	25267
commence on January 1, 1994.	25268

Sec. 3737.81. (A) There is hereby created the state fire	25269
commission consisting of ten members to be appointed by the	25270
governor with the advice and consent of the senate. The fire	25271
marshal or chief deputy fire marshal, a representative designated	25272
by the department of public safety who has tenure in fire	25273
suppression, and a representative designated by the board of	25274
building standards shall be ex officio members. Of the initial	25275
appointments made to the commission, two shall be for a term	25276
ending one year after November 1, 1978, two shall be for a term	25277
ending two years after that date, two shall be for a term ending	25278
three years after that date, two shall be for a term ending four	25279
years after that date, and two shall be for a term ending five	25280
years after that date. Thereafter, terms of office shall be for	25281
five years, each term ending on the same day of the same month of	25282
the year as did the term which it succeeds. Each member shall hold	25283
office from the date of appointment until the end of the term for	25284
which the member was appointed. Any member appointed to fill a	25285
vacancy occurring prior to the expiration of the term for which	25286
the member's predecessor was appointed shall hold office for the	25287
remainder of that term. Any member shall continue in office	25288
subsequent to the expiration date of the member's term until a	25289
successor takes office, or until a period of sixty days has	25290
elapsed, whichever occurs first. Members shall be qualified by	25291
experience and training to deal with the matters that are the	25292
responsibility of the commission. Two members shall be members of	25293
paid fire services, one shall be a member of volunteer fire	25294
services, two shall be mayors, managers, or members of legislative	25295
authorities of municipal corporations, one shall represent	25296
commerce and industry, one shall be a representative of a fire	25297
insurance company domiciled in this state, one shall represent the	25298
flammable liquids industry, one shall represent the construction	25299
industry, and one shall represent the public. At no time shall	25300
more than six members be members of or associated with the same	25301
political party. Membership on the commission shall not constitute	25302
holding a public office, and no person shall forfeit or otherwise	25303
vacate the person's office or position of employment because of	25304
membership on the commission.	25305

(B) The ex officio members may not vote, except that the fire	25306
marshal or chief deputy fire marshal may vote in case of a tie.	25307

(C) Each member of the commission, other than ex officio	25308
members, shall be paid an amount ~~equal to that payable under pay~~	25309
~~range 32 (S)(D)~~ fixed pursuant to division (J) of section 124.15	25310
of the Revised Code, and the member's actual and necessary	25311
expenses.	25312

(D) The commission shall select a chairperson and a	25313
vice-chairperson from among its members. No business may be	25314
transacted in the absence of a quorum. A quorum shall be at least	25315
six members, excluding ex officio members, and shall include	25316
either the chairperson or vice-chairperson. The commission shall	25317
hold regular meetings at least once every two months and may meet	25318
at any other time at the call of the chairperson.	25319

(E) The fire marshal shall provide the commission with office	25320
space, meeting rooms, staff, and clerical assistance necessary for	25321
the commission to perform its duties. If the commission maintains	25322
the Ohio fire service hall of fame under division (C) of section	25323
3737.03 of the Revised Code, the fire marshal shall preserve, in	25324
an appropriate manner, in the office space or meeting rooms	25325
provided to the commission under this division or in another	25326
location, copies of all official commendations awarded to	25327
individuals recognized and commemorated for their exemplary	25328
accomplishments and acts of heroism at fire-related incidents or	25329
similar events that occurred in this state.	25330

(F) If the commission maintains the Ohio fire service hall of	25331
fame under division (C) of section 3737.03 of the Revised Code,	25332
the expenses incurred for the recognition and commemoration of	25333
individuals for their exemplary accomplishments and acts of	25334
heroism at fire-related incidents or similar events that occurred	25335
in this state, including, but not limited to, expenses for	25336
official commendations and an annual awards ceremony as described	25337
in division (C) of section 3737.03 of the Revised Code, may be	25338
paid from moneys appropriated by the general assembly for purposes	25339
of that recognition and commemoration, from moneys that are	25340
available to the fire marshal under this chapter, or from other	25341
funding sources available to the commission.	25342

Sec. 3745.04. As used in this section, "any person" means any	25343
individual, any partnership, corporation, association, or other	25344
legal entity, or any political subdivision, instrumentality, or	25345
agency of a state, whether or not the individual or legal entity	25346
is an applicant for or holder of a license, permit, or variance	25347
from the environmental protection agency, and includes any	25348
department, agency, or instrumentality of the federal government	25349
that is an applicant for or holder of a license, permit, or	25350
variance from the environmental protection agency.	25351

As used in this section, "action" or "act" includes the	25352
adoption, modification, or repeal of a rule or standard, the	25353
issuance, modification, or revocation of any lawful order other	25354
than an emergency order, and the issuance, denial, modification,	25355
or revocation of a license, permit, lease, variance, or	25356
certificate, or the approval or disapproval of plans and	25357
specifications pursuant to law or rules adopted thereunder.	25358

Any person who was a party to a proceeding before the	25359
director of environmental protection may participate in an appeal	25360
to the environmental review appeals commission for an order	25361
vacating or modifying the action of the director or a local board	25362
of health, or ordering the director or board of health to perform	25363
an act. The environmental review appeals commission has exclusive	25364
original jurisdiction over any matter that may, under this	25365
section, be brought before it.	25366

The person so appealing to the commission shall be known as	25367
appellant, and the director and any party to a proceeding	25368
substantially supporting the finding from which the appeal is	25369
taken shall be known as appellee, except that when an appeal	25370
involves a license to operate a disposal site or facility, the	25371
local board of health or the director of environmental protection,	25372
and any party to a proceeding substantially supporting the finding	25373
from which the appeal is taken, shall, as appropriate, be known as	25374
the appellee. Appellant and appellee shall be deemed to be parties	25375
to the appeal.	25376

The appeal shall be in writing and shall set forth the action	25377
complained of and the grounds upon which the appeal is based.	25378

The appeal shall be filed with the commission within thirty	25379
days after notice of the action. Notice of the filing of the	25380
appeal shall be filed with the appellee within three days after	25381
the appeal is filed with the commission.	25382

The appeal shall be accompanied by a filing fee of ~~sixty~~	25383
seventy dollars, which the commission, in its discretion, may	25384
~~waive in cases of extreme hardship~~reduce if the appellant cannot	25385
afford to pay the fee.	25386

Within seven days after receipt of the notice of appeal, the	25387
director or local board of health shall prepare and certify to the	25388
commission a record of the proceedings out of which the appeal	25389
arises, including all documents and correspondence, and a	25390
transcript of all testimony.	25391

Upon the filing of the appeal, the commission shall fix the	25392
time and place at which the hearing on the appeal will be held.	25393
The commission shall give the appellant and the appellee at least	25394
ten days' written notice thereof by certified mail. The commission	25395
shall hold the hearing within thirty days after the notice of	25396
appeal is filed. The commission may postpone or continue any	25397
hearing upon its own motion or upon application of the appellant	25398
or of the appellee.	25399

The filing of an appeal does not automatically suspend or	25400
stay execution of the action appealed from. Upon application by	25401
the appellant, the commission may suspend or stay the execution	25402
pending immediate determination of the appeal without interruption	25403
by continuances, other than for unavoidable circumstances.	25404

As used in this section and sections 3745.05 and 3745.06 of	25405
the Revised Code, "director of environmental protection" and	25406
"director" are deemed to include the director of agriculture and	25407
"environmental protection agency" is deemed to include the	25408
department of agriculture with respect to actions that are	25409
appealable to the commission under Chapter 903. of the Revised	25410
Code.	25411

Sec. 3745.11. (A) Applicants for and holders of permits,	25412
licenses, variances, plan approvals, and certifications issued by	25413
the director of environmental protection pursuant to Chapters	25414
3704., 3734., 6109., and 6111. of the Revised Code shall pay a fee	25415
to the environmental protection agency for each such issuance and	25416
each application for an issuance as provided by this section. No	25417
fee shall be charged for any issuance for which no application has	25418
been submitted to the director.	25419

(B) ~~Prior to January 1, 1994, each~~Each person who is issued	25420
a ~~permit to operate, variance, or~~ permit to install prior to July	25421
1, 2003, pursuant to rules adopted under division (F) of section	25422
3704.03 of the Revised Code shall pay the fees specified in the	25423
following ~~schedule~~schedules:	25424

(1) Fuel-Burning Equipment (boilers)

25425

Input capacity (maximum)	~~Permit~~		Permit	25426
(million British	to		to	25427
thermal units per hour)	~~operate~~	~~Variance~~	install	25428

Greater than 0 ~~or more~~, but	~~$ 75~~	~~$225~~	$ ~~100~~ 200	25429
less than 10				25430
10 or more, but less than 100	~~210~~	~~450~~	~~390~~ 400	25431
100 or more, but less than 300	~~270~~	~~675~~	~~585~~ 800	25432
300 or more, but less than 500	~~330~~	~~900~~	~~780~~ 1500	25433
500 or more, but less than 1000	~~500~~	~~975~~	~~1000~~ 2500	25434
1000 or more, but less than 5000			4000	25435
5000 or more			6000	25436

Units burning exclusively natural gas, number two fuel oil,	25437
or both shall be assessed a fee that is one-half of the applicable	25438
amount established in division (F)(1) of this section.	25439

~~Any fuel-burning equipment using only natural gas, propane,~~	25440
~~liquefied petroleum gas, or number two or lighter fuel oil shall~~	25441
~~be assessed a fee one-half of that shown.~~	25442

(2) Incinerators

25443

	~~Permit~~		Permit	25444
Input capacity	to		to	25445
(pounds per hour)	~~operate~~	~~Variance~~	install	25446

0 to 50 100	~~$ 50~~	~~$225~~	$ 65 100	25447
51 101 to 500	~~210~~	~~450~~	~~390~~ 400	25448
501 to 2000	~~270~~	~~675~~	~~585~~ 750	25449
2001 to ~~30,000~~ 20,000	~~330~~	~~900~~	~~780~~ 1000	25450
more than ~~30,000~~ 20,000	~~500~~	~~975~~	~~1000~~ 2500	25451

~~(3)~~(a) Process

25452

	~~Permit~~		Permit	25453
Process weight rate	to		to	25454
(pounds per hour)	~~operate~~	~~Variance~~	install	25455

0 to 1000	~~$100~~	~~$225~~	$ 200	25456
1001 to 5000	~~210~~	~~450~~	~~390~~ 400	25457
5001 to 10,000	~~270~~	~~675~~	~~585~~ 600	25458
10,001 to 50,000	~~330~~	~~900~~	~~780~~ 800	25459
more than 50,000	~~500~~	~~975~~	1000	25460

In any process where process weight rate cannot be	25461
ascertained, the minimum fee shall be assessed.	25462

(b) Notwithstanding division (B)(3)(a) of this section, any	25463
person issued a permit to install pursuant to rules adopted under	25464
division (F) of section 3704.03 of the Revised Code shall pay the	25465
fees established in division (B)(3)(c) of this section for a	25466
process used in any of the following industries, as identified by	25467
the applicable four-digit standard industrial classification code	25468
according to the Standard Industrial Classification Manual	25469
published by the United States office of management and budget in	25470
the executive office of the president, 1972, as revised:	25471

1211 Bituminous coal and lignite mining;

25472

1213 Bituminous coal and lignite mining services;

25473

1411 Dimension stone;

25474

1422 Crushed and broken limestone;

25475

1427 Crushed and broken stone, not elsewhere classified;

25476

1442 Construction sand and gravel;

25477

1446 Industrial sand;

25478

3281 Cut stone and stone products;

25479

3295 Minerals and earth, ground or otherwise treated.

25480

(c) The fees established in the following schedule apply to	25481
the issuance of a permit to install pursuant to rules adopted	25482
under division (F) of section 3704.03 of the Revised Code for a	25483
process listed in division (B)(3)(b) of this section:	25484

Process weight rate	Permit to		25485
(pounds per hour)	install		25486

0 to 1000	$ 200	25487
10,001 to 50,000	300	25488
50,001 to 100,000	400	25489
100,001 to 200,000	500	25490
200,001 to 400,000	600	25491
400,001 or more	700	25492

(4) Storage tanks

25493

Gallons (maximum useful capacity)	~~Permit~~		Permit	25494
	to		to	25495
	~~operate~~	~~Variance~~	install	25496
				25497

~~Less than 40,000~~ 0 to 20,000	~~$150~~	~~$225~~	$ ~~195~~ 100	25498
20,001 to 40,000 ~~or more, but less~~				25499
~~than 100,000~~	~~210~~	~~450~~	~~390~~ 150	25500
~~100,000 or more, but less~~				25501
~~than 400,000~~	~~270~~	~~675~~	~~585~~	25502
~~400,000 or more, but less~~				25503
~~than~~ 40,001 to 100,000			200	25504
100,001 to 250,000			250	25505
250,001 to 500,000			350	25506
500,001 to 1,000,000	~~330~~	~~900~~	~~780~~ 500	25507
~~1,000,000~~ 1,000,001 or ~~more~~ greater	~~500~~	~~975~~	~~1000~~ 750	25508

(5) ~~Gasoline~~

25509

Gasoline/fuel dispensing	~~Permit~~		Permit	25510
facilities	to		to	25511
	~~operate~~	~~Variance~~	install	25512

For each gasoline/fuel					25513
dispensing facility	~~$20~~	~~$100~~	$50 100		25514

(6) ~~Dry cleaning~~

25515

Dry cleaning	~~Permit~~		Permit	25516
facilities	to		to	25517
	~~operate~~	~~Variance~~	install	25518

For each dry cleaning				25519
facility (includes all units	~~$50~~	~~$200~~	$100	25520
at the facility)				25521

(7) ~~Coal mining operations regulated under Chapter 1513. of~~	25522
~~the Revised Code shall be assessed a fee of two hundred fifty~~	25523
~~dollars per mine or location.~~Registration status	25524

	Permit	25525
	to	25526
	install	25527
For each source covered by registration status	$75	25528

(C)(1) Except as otherwise provided in division (C)(2) of	25529
this section, beginning July 1, 1994, each person who owns or	25530
operates an air contaminant source and who is required to apply	25531
for and obtain a Title V permit under section 3704.036 of the	25532
Revised Code shall pay the fees set forth in division (C)(1) of	25533
this section. For the purposes of that division, total emissions	25534
of air contaminants may be calculated using engineering	25535
calculations, emissions factors, material balance calculations, or	25536
performance testing procedures, as authorized by the director.	25537

The following fees shall be assessed on the total actual	25538
emissions from a source in tons per year of the regulated	25539
pollutants particulate matter, sulfur dioxide, nitrogen oxides,	25540
organic compounds, and lead:	25541

(a) Fifteen dollars per ton on the total actual emissions of	25542
each such regulated pollutant during the period July through	25543
December 1993, to be collected no sooner than July 1, 1994;	25544

(b) Twenty dollars per ton on the total actual emissions of	25545
each such regulated pollutant during calendar year 1994, to be	25546
collected no sooner than April 15, 1995;	25547

(c) Twenty-five dollars per ton on the total actual emissions	25548
of each such regulated pollutant in calendar year 1995, and each	25549
subsequent calendar year, to be collected no sooner than the	25550
fifteenth day of April of the year next succeeding the calendar	25551
year in which the emissions occurred.	25552

The fees levied under division (C)(1) of this section do not	25553
apply to that portion of the emissions of a regulated pollutant at	25554
a facility that exceed four thousand tons during a calendar year.	25555

(2) The fees assessed under division (C)(1) of this section	25556
are for the purpose of providing funding for the Title V permit	25557
program.	25558

(3) The fees assessed under division (C)(1) of this section	25559
do not apply to emissions from any electric generating unit	25560
designated as a Phase I unit under Title IV of the federal Clean	25561
Air Act prior to calendar year 2000. Those fees shall be assessed	25562
on the emissions from such a generating unit commencing in	25563
calendar year 2001 based upon the total actual emissions from the	25564
generating unit during calendar year 2000 and shall continue to be	25565
assessed each subsequent calendar year based on the total actual	25566
emissions from the generating unit during the preceding calendar	25567
year.	25568

(4) The director shall issue invoices to owners or operators	25569
of air contaminant sources who are required to pay a fee assessed	25570
under division (C) or (D) of this section. Any such invoice shall	25571
be issued no sooner than the applicable date when the fee first	25572
may be collected in a year under the applicable division, shall	25573
identify the nature and amount of the fee assessed, and shall	25574
indicate that the fee is required to be paid within thirty days	25575
after the issuance of the invoice.	25576

(D)(1) Except as provided in division (D)~~(2)~~(3) of this	25577
section, ~~beginning~~from January 1, 1994, through December 31,	25578
2003, each person who owns or operates an air contaminant source;	25579
who is required to apply for a permit to operate pursuant to rules	25580
adopted under division (G), or a variance pursuant to division	25581
(H), of section 3704.03 of the Revised Code; and who is not	25582
required to apply for and obtain a Title V permit under section	25583
3704.036 of the Revised Code shall pay a single fee based upon the	25584
sum of the actual annual emissions from the facility of the	25585
regulated pollutants particulate matter, sulfur dioxide, nitrogen	25586
oxides, organic compounds, and lead in accordance with the	25587
following schedule:	25588

Total tons per year		25589
of regulated pollutants	Annual fee	25590
emitted	per facility	25591
More than 0, but less than 50	$ 75	25592
50 or more, but less than 100	300	25593
100 or more	700	25594

(2) Except as provided in division (D)(3) of this section,	25595
beginning January 1, 2004, each person who owns or operates an air	25596
contaminant source; who is required to apply for a permit to	25597
operate pursuant to rules adopted under division (G), or a	25598
variance pursuant to division (H), of section 3704.03 of the	25599
Revised Code; and who is not required to apply for and obtain a	25600
Title V permit under section 3704.03 of the Revised Code shall pay	25601
a single fee based upon the sum of the actual annual emissions	25602
from the facility of the regulated pollutants particulate matter,	25603
sulfur dioxide, nitrogen oxides, organic compounds, and lead in	25604
accordance with the following schedule:	25605

Total tons per year		25606
of regulated pollutants	Annual fee	25607
emitted	per facility	25608
More than 0, but less than 10	$ 100	25609
10 or more, but less than 50	200	25610
50 or more, but less than 100	300	25611
100 or more	700	25612

(3)(a) As used in division (D) of this section, "synthetic	25613
minor facility" means a facility for which one or more permits to	25614
install or permits to operate have been issued for the air	25615
contaminant sources at the facility that include terms and	25616
conditions that lower the facility's potential to emit air	25617
contaminants below the major source thresholds established in	25618
rules adopted under section 3704.036 of the Revised Code.	25619

(b) Beginning January 1, 2000, through June 30, ~~2004~~2006,	25620
each person who owns or operates a synthetic minor facility shall	25621
pay an annual fee based on the sum of the actual annual emissions	25622
from the facility of particulate matter, sulfur dioxide, nitrogen	25623
dioxide, organic compounds, and lead in accordance with the	25624
following schedule:	25625

Combined total tons		25626
per year of all regulated	Annual fee	25627
pollutants emitted	per facility	25628

Less than 10	$ 170	25629
10 or more, but less than 20	340	25630
20 or more, but less than 30	670	25631
30 or more, but less than 40	1,010	25632
40 or more, but less than 50	1,340	25633
50 or more, but less than 60	1,680	25634
60 or more, but less than 70	2,010	25635
70 or more, but less than 80	2,350	25636
80 or more, but less than 90	2,680	25637
90 or more, but less than 100	3,020	25638
100 or more	3,350	25639

~~(3)~~(4) The fees assessed under division (D)(1) of this	25640
section shall be collected annually no sooner than the fifteenth	25641
day of April, commencing in 1995. The fees assessed under division	25642
(D)(2) of this section shall be collected annually no sooner than	25643
the fifteenth day of April, commencing in 2005. The fees assessed	25644
under division (D)~~(2)~~(3) of this section shall be collected no	25645
sooner than the fifteenth day of April, commencing in 2000. The	25646
fees assessed under division (D) of this section in a calendar	25647
year shall be based upon the sum of the actual emissions of those	25648
regulated pollutants during the preceding calendar year. For the	25649
purpose of division (D) of this section, emissions of air	25650
contaminants may be calculated using engineering calculations,	25651
emission factors, material balance calculations, or performance	25652
testing procedures, as authorized by the director. The director,	25653
by rule, may require persons who are required to pay the fees	25654
assessed under division (D) of this section to pay those fees	25655
biennially rather than annually.	25656

(E)(1) Consistent with the need to cover the reasonable costs	25657
of the Title V permit program, the director annually shall	25658
increase the fees prescribed in division (C)(1) of this section by	25659
the percentage, if any, by which the consumer price index for the	25660
most recent calendar year ending before the beginning of a year	25661
exceeds the consumer price index for calendar year 1989. Upon	25662
calculating an increase in fees authorized by division (E)(1) of	25663
this section, the director shall compile revised fee schedules for	25664
the purposes of division (C)(1) of this section and shall make the	25665
revised schedules available to persons required to pay the fees	25666
assessed under that division and to the public.	25667

(2) For the purposes of division (E)(1) of this section:

25668

(a) The consumer price index for any year is the average of	25669
the consumer price index for all urban consumers published by the	25670
United States department of labor as of the close of the	25671
twelve-month period ending on the thirty-first day of August of	25672
that year.	25673

(b) If the 1989 consumer price index is revised, the director	25674
shall use the revision of the consumer price index that is most	25675
consistent with that for calendar year 1989.	25676

(F) Each person who is issued a permit to install pursuant to	25677
rules adopted under division (F) of section 3704.03 of the Revised	25678
Code on or after ~~January 1, 1994~~July 1, 2003, shall pay the fees	25679
specified in the following schedules:	25680

(1) Fuel-burning equipment (boilers, furnaces, or process	25681
heaters used in the process of burning fuel for the primary	25682
purpose of producing heat or power by indirect heat transfer)	25683

Input capacity (maximum)		25684
(million British thermal units per hour)	Permit to install	25685
Greater than 0, but less than 10	$ 200	25686
10 or more, but less than 100	400	25687
100 or more, but less than 300	~~800~~ 1000	25688
300 or more, but less than 500	~~1500~~ 2250	25689
500 or more, but less than 1000	~~2500~~ 3750	25690
1000 or more, but less than 5000	~~4000~~ 6000	25691
5000 or more	~~6000~~ 9000	25692

Units burning exclusively natural gas, number two fuel oil,	25693
or both shall be assessed a fee that is one-half the applicable	25694
amount shown in division (F)(1) of this section.	25695

(2) Combustion turbines and stationary internal combustion	25696
engines designed to generate electricity	25697

Generating capacity (mega watts)	Permit to install	25698
0 or more, but less than 10	$ 25	25699
10 or more, but less than 25	150	25700
25 or more, but less than 50	300	25701
50 or more, but less than 100	500	25702
100 or more, but less than 250	1000	25703
250 or more	2000	25704

(3) Incinerators

25705

Input capacity (pounds per hour)	Permit to install	25706
0 to 100	$ 100	25707
101 to 500	~~400~~ 500	25708
501 to 2000	~~750~~ 1000	25709
2001 to 20,000	~~1000~~ 1500	25710
more than 20,000	~~2500~~ 3750	25711

~~(3)~~(4)(a) Process

25712

Process weight rate (pounds per hour)	Permit to install	25713
0 to 1000	$ 200	25714
1001 to 5000	~~400~~ 500	25715
5001 to 10,000	~~600~~ 750	25716
10,001 to 50,000	~~800~~ 1000	25717
more than 50,000	~~1000~~ 1250	25718

In any process where process weight rate cannot be	25719
ascertained, the minimum fee shall be assessed. A boiler, furnace,	25720
combustion turbine, stationary internal combustion engine, or	25721
process heater designed to provide direct heat or power to a	25722
process not designed to generate electricity shall be assessed a	25723
fee established in division (F)(4)(a) of this section. A	25724
combustion turbine or stationary internal combustion engine	25725
designed to generate electricity shall be assessed a fee	25726
established in division (F)(2) of this section.	25727

(b) Notwithstanding division (F)(3)(a) of this section, any	25728
person issued a permit to install pursuant to rules adopted under	25729
division (F) of section 3704.03 of the Revised Code shall pay the	25730
fees set forth in division (F)(3)(c) of this section for a process	25731
used in any of the following industries, as identified by the	25732
applicable four-digit standard industrial classification code	25733
according to the Standard Industrial Classification Manual	25734
published by the United States office of management and budget in	25735
the executive office of the president, 1972, as revised:	25736

1211 Bituminous coal and lignite mining;

25737

1213 Bituminous coal and lignite mining services;

25738

1411 Dimension stone;

25739

1422 Crushed and broken limestone;

25740

1427 Crushed and broken stone, not elsewhere classified;

25741

1442 Construction sand and gravel;

25742

1446 Industrial sand;

25743

3281 Cut stone and stone products;

25744

3295 Minerals and earth, ground or otherwise treated.

25745

(c) The fees set forth in the following schedule apply to the	25746
issuance of a permit to install pursuant to rules adopted under	25747
division (F) of section 3704.03 of the Revised Code for a process	25748
identified in division (F)(3)(b) of this section:	25749

~~Gallons (maximum~~		25750
~~useful capacity~~ Process weight rate (pounds per hour)	Permit to install	25751
0 to ~~20,000~~ 10,000	$ ~~100~~ 200	25752
~~20,001~~ 10,001 to ~~40,000~~ 50,000	~~150~~ 400	25753
~~40,001~~ 50,001 to 100,000	~~200~~ 500	25754
100,001 to ~~250,000~~ 200,000	~~250~~ 600	25755
~~250,001~~ 200,001 to ~~500,000~~ 400,000	~~350~~ 750	25756
~~500,001 to 1,000,000~~	~~500~~	25757
~~1,000,001~~ 400,001 or ~~greater~~ more	~~750~~ 900	25758

~~(4)~~(5) Storage tanks

25759

Gallons (maximum useful capacity)	Permit to install	25760
0 to 20,000	$ 100	25761
20,001 to 40,000	150	25762
40,001 to 100,000	~~200~~ 250	25763
100,001 ~~to 250,000~~	~~250~~	25764
~~250,001~~ to 500,000	~~350~~ 400	25765
500,001 ~~to 1,000,000~~	~~500~~	25766
~~1,000,001~~ or greater	750	25767

~~(5)~~(6) Gasoline/fuel dispensing facilities

25768

For each gasoline/fuel			Permit to install			25769
dispensing facility (includes all units at the facility)			$ 100			25770

~~(6)~~(7) Dry cleaning facilities

25771

For each dry cleaning		25772
facility (includes all units	Permit to install	25773
at the facility)	$ 100	25774

~~(7)~~(8) Registration status

25775

For each source covered			Permit to install			25776
by registration status			$ 75			25777

(G) An owner or operator who is responsible for an asbestos	25778
demolition or renovation project pursuant to rules adopted under	25779
section 3704.03 of the Revised Code shall pay the fees set forth	25780
in the following schedule:	25781

Action	Fee	25782
Each notification	$75	25783
Asbestos removal	$3/unit	25784
Asbestos cleanup	$4/cubic yard	25785

For purposes of this division, "unit" means any combination of	25786
linear feet or square feet equal to fifty.	25787

(H) A person who is issued an extension of time for a permit	25788
to install an air contaminant source pursuant to rules adopted	25789
under division (F) of section 3704.03 of the Revised Code shall	25790
pay a fee equal to one-half the fee originally assessed for the	25791
permit to install under this section, except that the fee for such	25792
an extension shall not exceed two hundred dollars.	25793

(I) A person who is issued a modification to a permit to	25794
install an air contaminant source pursuant to rules adopted under	25795
section 3704.03 of the Revised Code shall pay a fee equal to	25796
one-half of the fee that would be assessed under this section to	25797
obtain a permit to install the source. The fee assessed by this	25798
division only applies to modifications that are initiated by the	25799
owner or operator of the source and shall not exceed two thousand	25800
dollars.	25801

(J) Notwithstanding division (B) or (F) of this section, a	25802
person who applies for or obtains a permit to install pursuant to	25803
rules adopted under division (F) of section 3704.03 of the Revised	25804
Code after the date actual construction of the source began shall	25805
pay a fee for the permit to install that is equal to twice the fee	25806
that otherwise would be assessed under the applicable division	25807
unless the applicant received authorization to begin construction	25808
under division (W) of section 3704.03 of the Revised Code. This	25809
division only applies to sources for which actual construction of	25810
the source begins on or after July 1, 1993. The imposition or	25811
payment of the fee established in this division does not preclude	25812
the director from taking any administrative or judicial	25813
enforcement action under this chapter, Chapter 3704., 3714.,	25814
3734., or 6111. of the Revised Code, or a rule adopted under any	25815
of them, in connection with a violation of rules adopted under	25816
division (F) of section 3704.03 of the Revised Code.	25817

As used in this division, "actual construction of the source"	25818
means the initiation of physical on-site construction activities	25819
in connection with improvements to the source that are permanent	25820
in nature, including, without limitation, the installation of	25821
building supports and foundations and the laying of underground	25822
pipework.	25823

(K) Fifty cents per ton of each fee assessed under division	25824
(C) of this section on actual emissions from a source and received	25825
by the environmental protection agency pursuant to that division	25826
shall be deposited into the state treasury to the credit of the	25827
small business assistance fund created in section 3706.19 of the	25828
Revised Code. The remainder of the moneys received by the division	25829
pursuant to that division and moneys received by the agency	25830
pursuant to divisions (D), (F), (G), (H), (I), and (J) of this	25831
section shall be deposited in the state treasury to the credit of	25832
the clean air fund created in section 3704.035 of the Revised	25833
Code.	25834

(L)(1)(a) Except as otherwise provided in division (L)(1)(b)	25835
or (c) of this section, a person issued a water discharge permit	25836
or renewal of a water discharge permit pursuant to Chapter 6111.	25837
of the Revised Code shall pay a fee based on each point source to	25838
which the issuance is applicable in accordance with the following	25839
schedule:	25840

Design flow discharge (gallons per day)	Fee	25841
0 to 1000	$ 0	25842
1,001 to 5000	100	25843
5,001 to 50,000	200	25844
50,001 to 100,000	300	25845
100,001 to 300,000	525	25846
over 300,000	750	25847

(b) Notwithstanding the fee schedule specified in division	25848
(L)(1)(a) of this section, the fee for a water discharge permit	25849
that is applicable to coal mining operations regulated under	25850
Chapter 1513. of the Revised Code shall be two hundred fifty	25851
dollars per mine.	25852

(c) Notwithstanding the fee schedule specified in division	25853
(L)(1)(a) of this section, the fee for a water discharge permit	25854
for a public discharger identified by I in the third character of	25855
the permittee's NPDES permit number shall not exceed seven hundred	25856
fifty dollars.	25857

(2) A person applying for a plan approval for a wastewater	25858
treatment works pursuant to section 6111.44, 6111.45, or 6111.46	25859
of the Revised Code shall pay a fee of one hundred dollars plus	25860
sixty-five one-hundredths of one per cent of the estimated project	25861
cost through June 30, ~~2004~~2006, and one hundred dollars plus	25862
two-tenths of one per cent of the estimated project cost on and	25863
after July 1, ~~2004~~2006, except that the total fee shall not	25864
exceed fifteen thousand dollars through June 30, ~~2004~~2006, and	25865
five thousand dollars on and after July 1, ~~2004~~2006. The fee	25866
shall be paid at the time the application is submitted.	25867

(3) A person issued a modification of a water discharge	25868
permit shall pay a fee equal to one-half the fee that otherwise	25869
would be charged for a water discharge permit, except that the fee	25870
for the modification shall not exceed four hundred dollars.	25871

(4) A person who has entered into an agreement with the	25872
director under section 6111.14 of the Revised Code shall pay an	25873
administrative service fee for each plan submitted under that	25874
section for approval that shall not exceed the minimum amount	25875
necessary to pay administrative costs directly attributable to	25876
processing plan approvals. The director annually shall calculate	25877
the fee and shall notify all persons who have entered into	25878
agreements under that section, or who have applied for agreements,	25879
of the amount of the fee.	25880

(5)(a)(i) Not later than January 30, ~~2002~~2004, and January	25881
30, ~~2003~~2005, a person holding an NPDES discharge permit issued	25882
pursuant to Chapter 6111. of the Revised Code with an average	25883
daily discharge flow of five thousand gallons or more shall pay a	25884
nonrefundable annual discharge fee. Any person who fails to pay	25885
the fee at that time shall pay an additional amount that equals	25886
ten per cent of the required annual discharge fee.	25887

(ii) The billing year for the annual discharge fee	25888
established in division (L)(5)(a)(i) of this section shall consist	25889
of a twelve-month period beginning on the first day of January of	25890
the year preceding the date when the annual discharge fee is due.	25891
In the case of an existing source that permanently ceases to	25892
discharge during a billing year, the director shall reduce the	25893
annual discharge fee, including the surcharge applicable to	25894
certain industrial facilities pursuant to division (L)(5)(c) of	25895
this section, by one-twelfth for each full month during the	25896
billing year that the source was not discharging, but only if the	25897
person holding the NPDES discharge permit for the source notifies	25898
the director in writing, not later than the first day of October	25899
of the billing year, of the circumstances causing the cessation of	25900
discharge.	25901

(iii) The annual discharge fee established in division	25902
(L)(5)(a)(i) of this section, except for the surcharge applicable	25903
to certain industrial facilities pursuant to division (L)(5)(c) of	25904
this section, shall be based upon the average daily discharge flow	25905
in gallons per day calculated using first day of May through	25906
thirty-first day of October flow data for the period two years	25907
prior to the date on which the fee is due. In the case of NPDES	25908
discharge permits for new sources, the fee shall be calculated	25909
using the average daily design flow of the facility until actual	25910
average daily discharge flow values are available for the time	25911
period specified in division (L)(5)(a)(iii) of this section. The	25912
annual discharge fee may be prorated for a new source as described	25913
in division (L)(5)(a)(ii) of this section.	25914

(b) An NPDES permit holder that is a public discharger shall	25915
pay the fee specified in the following schedule:	25916

Average daily	Fee due by	25917
discharge flow	January 30,	25918
	~~2002~~ 2004, and	25919
	January 30, ~~2003~~ 2005	25920

5,000 to 49,999	$ 200	25921
50,000 to 100,000	500	25922
100,001 to 250,000	1,050	25923
250,001 to 1,000,000	2,600	25924
1,000,001 to 5,000,000	5,200	25925
5,000,001 to 10,000,000	10,350	25926
10,000,001 to 20,000,000	15,550	25927
20,000,001 to 50,000,000	25,900	25928
50,000,001 to 100,000,000	41,400	25929
100,000,001 or more	62,100	25930

Public dischargers owning or operating two or more publicly	25931
owned treatment works serving the same political subdivision, as	25932
"treatment works" is defined in section 6111.01 of the Revised	25933
Code, and that serve exclusively political subdivisions having a	25934
population of fewer than one hundred thousand shall pay an annual	25935
discharge fee under division (L)(5)(b) of this section that is	25936
based on the combined average daily discharge flow of the	25937
treatment works.	25938

(c) An NPDES permit holder that is an industrial discharger,	25939
other than a coal mining operator identified by P in the third	25940
character of the permittee's NPDES permit number, shall pay the	25941
fee specified in the following schedule:	25942

Average daily	Fee due by	25943
discharge flow	January 30,	25944
	~~2002~~ 2004, and	25945
	January 30, ~~2003~~ 2005	25946

5,000 to 49,999	$ 250	25947
50,000 to 250,000	1,200	25948
250,001 to 1,000,000	2,950	25949
1,000,001 to 5,000,000	5,850	25950
5,000,001 to 10,000,000	8,800	25951
10,000,001 to 20,000,000	11,700	25952
20,000,001 to 100,000,000	14,050	25953
100,000,001 to 250,000,000	16,400	25954
250,000,001 or more	18,700	25955

In addition to the fee specified in the above schedule, an	25956
NPDES permit holder that is an industrial discharger classified as	25957
a major discharger during all or part of the annual discharge fee	25958
billing year specified in division (L)(5)(a)(ii) of this section	25959
shall pay a nonrefundable annual surcharge of seven thousand five	25960
hundred dollars not later than January 30, ~~2002~~2004, and not	25961
later than January 30, ~~2003~~2005. Any person who fails to pay the	25962
surcharge at that time shall pay an additional amount that equals	25963
ten per cent of the amount of the surcharge.	25964

(d) Notwithstanding divisions (L)(5)(b) and (c) of this	25965
section, a public discharger identified by I in the third	25966
character of the permittee's NPDES permit number and an industrial	25967
discharger identified by I, J, L, V, W, X, Y, or Z in the third	25968
character of the permittee's NPDES permit number shall pay a	25969
nonrefundable annual discharge fee of one hundred eighty dollars	25970
not later than January 30, ~~2002~~2004, and not later than January	25971
30, ~~2003~~2005. Any person who fails to pay the fee at that time	25972
shall pay an additional amount that equals ten per cent of the	25973
required fee.	25974

(6) Each person obtaining a national pollutant discharge	25975
elimination system general or individual permit for municipal	25976
storm water discharge shall pay a nonrefundable storm water	25977
discharge fee of one hundred dollars per square mile of area	25978
permitted. The fee shall not exceed ten thousand dollars and shall	25979
be payable on or before January 30, 2004, and the thirtieth day of	25980
January of each year thereafter. Any person who fails to pay the	25981
fee on the date specified in division (L)(6) of this section shall	25982
pay an additional amount per year equal to ten per cent of the	25983
annual fee that is unpaid.	25984

(7) The director shall transmit all moneys collected under	25985
division (L) of this section to the treasurer of state for deposit	25986
into the state treasury to the credit of the surface water	25987
protection fund created in section 6111.038 of the Revised Code.	25988

(8) As used in division (L) of this section:

25989

(a) "NPDES" means the federally approved national pollutant	25990
discharge elimination system program for issuing, modifying,	25991
revoking, reissuing, terminating, monitoring, and enforcing	25992
permits and imposing and enforcing pretreatment requirements under	25993
Chapter 6111. of the Revised Code and rules adopted under it.	25994

(b) "Public discharger" means any holder of an NPDES permit	25995
identified by P in the second character of the NPDES permit number	25996
assigned by the director.	25997

(c) "Industrial discharger" means any holder of an NPDES	25998
permit identified by I in the second character of the NPDES permit	25999
number assigned by the director.	26000

(d) "Major discharger" means any holder of an NPDES permit	26001
classified as major by the regional administrator of the United	26002
States environmental protection agency in conjunction with the	26003
director.	26004

(M) Through June 30, ~~2004~~2006, a person applying for a	26005
license or license renewal to operate a public water system under	26006
section 6109.21 of the Revised Code shall pay the appropriate fee	26007
established under this division at the time of application to the	26008
director. Any person who fails to pay the fee at that time shall	26009
pay an additional amount that equals ten per cent of the required	26010
fee. The director shall transmit all moneys collected under this	26011
division to the treasurer of state for deposit into the drinking	26012
water protection fund created in section 6109.30 of the Revised	26013
Code.	26014

Fees required under this division shall be calculated and	26015
paid in accordance with the following schedule:	26016

(1) For the initial license required under division (A)(1) of	26017
section 6109.21 of the Revised Code for any public water system	26018
that is a community water system as defined in section 6109.01 of	26019
the Revised Code, and for each license renewal required for such a	26020
system prior to January 31, ~~2004~~2006, the fee is:	26021

Number of service connections		Fee amount	26022
	Not more than 49	$56 112	26023
	50 to 99	88 176	26024

Number of service connections		Average cost per connection	26025
	100 to 2,499	$~~.96~~ 1.92	26026
	2,500 to 4,999	~~.92~~ 1.60	26027
	5,000 to 7,499	~~.88~~ 1.54	26028
	7,500 to 9,999	~~.84~~ 1.48	26029
	10,000 to 14,999	~~.80~~ 1.28	26030
	15,000 to 24,999	~~.76~~ 1.22	26031
	25,000 to 49,999	~~.72~~ 1.16	26032
	50,000 to 99,999	~~.68~~ .92	26033
	100,000 to 149,999	~~.64~~ .86	26034
	150,000 to 199,999	~~.60~~ .80	26035
	200,000 or more	~~.56~~ .76	26036

A public water system may determine how it will pay the total	26037
amount of the fee calculated under division (M)(1) of this	26038
section, including the assessment of additional user fees that may	26039
be assessed on a volumetric basis.	26040

As used in division (M)(1) of this section, "service	26041
connection" means the number of active or inactive pipes,	26042
goosenecks, pigtails, and any other fittings connecting a water	26043
main to any building outlet.	26044

(2) For the initial license required under division (A)(2) of	26045
section 6109.21 of the Revised Code for any public water system	26046
that is not a community water system and serves a nontransient	26047
population, and for each license renewal required for such a	26048
system prior to January 31, ~~2004~~2006, the fee is:	26049

Population served	Fee amount	26050
Fewer than 150	$ 56 112	26051
150 to 299	88 176	26052
300 to 749	~~192~~ 384	26053
750 to 1,499	~~392~~ 686	26054
1,500 to 2,999	~~792~~ 1,386	26055
3,000 to 7,499	~~1,760~~ 3,080	26056
7,500 to 14,999	~~3,800~~ 6,270	26057
15,000 to 22,499	~~6,240~~ 10,296	26058
22,500 to 29,999	~~8,576~~ 14,150	26059
30,000 or more	~~11,600~~ 19,140	26060

As used in division (M)(2) of this section, "population	26061
served" means the total number of individuals receiving water from	26062
the water supply during a twenty-four-hour period for at least	26063
sixty days during any calendar year. In the absence of a specific	26064
population count, that number shall be calculated at the rate of	26065
three individuals per service connection.	26066

(3) For the initial license required under division (A)(3) of	26067
section 6109.21 of the Revised Code for any public water system	26068
that is not a community water system and serves a transient	26069
population, and for each license renewal required for such a	26070
system prior to January 31, ~~2004~~2006, the fee is:	26071

Number of wells supplying system		Fee amount	26072
	1	$ 56 112	26073
	2	56 112	26074
	3	88 176	26075
	4	~~192~~ 316	26076
	5	~~392~~ 646	26077
	System supplied by surface		26078
	water, springs, or dug wells	~~792~~ 1,300	26079

As used in division (M)(3) of this section, "number of wells	26080
supplying system" means those wells that are physically connected	26081
to the plumbing system serving the public water system.	26082

(N)(1) A person applying for a plan approval for a public	26083
water supply system under section 6109.07 of the Revised Code	26084
shall pay a fee of one hundred fifty dollars plus ~~two-tenths~~	26085
thirty-five hundredths of one per cent of the estimated project	26086
cost, except that the total fee shall not exceed ~~fifteen~~twenty	26087
thousand dollars through June 30, ~~2004~~2006, and ~~five~~fifteen	26088
thousand dollars on and after July 1, ~~2004~~2006. The fee shall be	26089
paid at the time the application is submitted.	26090

(2) A person who has entered into an agreement with the	26091
director under division (A)(2) of section 6109.07 of the Revised	26092
Code shall pay an administrative service fee for each plan	26093
submitted under that section for approval that shall not exceed	26094
the minimum amount necessary to pay administrative costs directly	26095
attributable to processing plan approvals. The director annually	26096
shall calculate the fee and shall notify all persons that have	26097
entered into agreements under that division, or who have applied	26098
for agreements, of the amount of the fee.	26099

(3) Through June 30, ~~2004~~2006, the following fee, on a per	26100
survey basis, shall be charged any person for services rendered by	26101
the state in the evaluation of laboratories and laboratory	26102
personnel for compliance with accepted analytical techniques and	26103
procedures established pursuant to Chapter 6109. of the Revised	26104
Code for determining the qualitative characteristics of water:	26105

microbiological		~~$1,650~~	26106
	MMO-MUG	$2,000	26107
	MF	2,100	26108
	MMO-MUG and MF	2,550	26109
organic chemical		~~3,500~~ 5,400	26110
inorganic chemical		~~3,500~~ 5,400	26111
standard chemistry		~~1,800~~ 2,800	26112
limited chemistry		~~1,000~~ 1,550	26113

On and after July 1, ~~2004~~2006, the following fee, on a per	26114
survey basis, shall be charged any such person:	26115

microbiological	$~~250~~ 1,650	26116
chemical/radiological	~~250~~ 3,500	26117
nitrate/turbidity (only)	~~150~~ 1,000	26118

The fee for those services shall be paid at the time the request	26119
for the survey is made. Through June 30, ~~2004~~ 2006, an individual	26120
laboratory shall not be assessed a fee under this division more	26121
than once in any three-year period unless the person requests the	26122
addition of analytical methods or analysts, in which case the	26123
person shall pay eighteen hundred dollars for each additional	26124
survey requested.	26125

As used in division (N)(3) of this section:

26126

(a) "MF" means microfiltration.

26127

(b) "MMO" means minimal medium ONPG.

26128

26129

(d) "ONPG" means o-nitrophenyl-beta-D-galactopyranoside.

26130

The director shall transmit all moneys collected under this	26131
division to the treasurer of state for deposit into the drinking	26132
water protection fund created in section 6109.30 of the Revised	26133
Code.	26134

(O) Any person applying to the director for examination for	26135
certification as an operator of a water supply system or	26136
wastewater system under Chapter 6109. or 6111. of the Revised	26137
Code, at the time the application is submitted, shall pay an	26138
application fee of ~~twenty-five~~forty-five dollars through June 30,	26139
~~2004~~2006, and ~~ten~~twenty-five dollars on and after July 1, ~~2004~~	26140
2006. Upon approval from the director that the applicant is	26141
eligible to take the examination therefor, the applicant shall pay	26142
a fee in accordance with the following schedule through June 30,	26143
~~2004~~2006:	26144

Class A operator	$45	26145
Class I operator	~~$45~~ 75	26146
Class II operator	55 95	26147
Class III operator	65 110	26148
Class IV operator	75 125	26149

On and after July 1, ~~2004~~2006, the applicant shall pay a fee	26150
in accordance with the following schedule:	26151

Class A operator	$25	26152
Class I operator	$25 45	26153
Class II operator	35 55	26154
Class III operator	45 65	26155
Class IV operator	55 75	26156

A person shall pay a biennial certification renewal fee for	26157
each applicable class of certification in accordance with the	26158
following schedule:	26159

Class A operator	$25	26160
Class I operator	35	26161
Class II operator	45	26162
Class III operator	55	26163
Class IV operator	65	26164

If a certification renewal fee is received by the director	26165
more than thirty days, but not more than one year after the	26166
expiration date of the certification, the person shall pay a	26167
certification renewal fee in accordance with the following	26168
schedule:	26169

Class A operator	$45	26170
Class I operator	55	26171
Class II operator	65	26172
Class III operator	75	26173
Class IV operator	85	26174

A person who requests a replacement certificate shall pay a	26175
fee of twenty-five dollars at the time the request is made.	26176

The director shall transmit all moneys collected under this	26177
division to the treasurer of state for deposit into the drinking	26178
water protection fund created in section 6109.30 of the Revised	26179
Code.	26180

(P) Through June 30, 2004, any person submitting an	26181
application for an industrial water pollution control certificate	26182
under section 6111.31 of the Revised Code shall pay a	26183
nonrefundable fee of five hundred dollars at the time the	26184
application is submitted. The director shall transmit all moneys	26185
collected under this division to the treasurer of state for	26186
deposit into the surface water protection fund created in section	26187
6111.038 of the Revised Code. A person paying a certificate fee	26188
under this division shall not pay an application fee under	26189
division (S)(1) of this section.	26190

(Q) Except as otherwise provided in division (R) of this	26191
section, a person issued a permit by the director for a new solid	26192
waste disposal facility other than an incineration or composting	26193
facility, a new infectious waste treatment facility other than an	26194
incineration facility, or a modification of such an existing	26195
facility that includes an increase in the total disposal or	26196
treatment capacity of the facility pursuant to Chapter 3734. of	26197
the Revised Code shall pay a fee of ten dollars per thousand cubic	26198
yards of disposal or treatment capacity, or one thousand dollars,	26199
whichever is greater, except that the total fee for any such	26200
permit shall not exceed eighty thousand dollars. A person issued a	26201
modification of a permit for a solid waste disposal facility or an	26202
infectious waste treatment facility that does not involve an	26203
increase in the total disposal or treatment capacity of the	26204
facility shall pay a fee of one thousand dollars. A person issued	26205
a permit to install a new, or modify an existing, solid waste	26206
transfer facility under that chapter shall pay a fee of two	26207
thousand five hundred dollars. A person issued a permit to install	26208
a new or to modify an existing solid waste incineration or	26209
composting facility, or an existing infectious waste treatment	26210
facility using incineration as its principal method of treatment,	26211
under that chapter shall pay a fee of one thousand dollars. The	26212
increases in the permit fees under this division resulting from	26213
the amendments made by Amended Substitute House Bill 592 of the	26214
117th general assembly do not apply to any person who submitted an	26215
application for a permit to install a new, or modify an existing,	26216
solid waste disposal facility under that chapter prior to	26217
September 1, 1987; any such person shall pay the permit fee	26218
established in this division as it existed prior to June 24, 1988.	26219
In addition to the applicable permit fee under this division, a	26220
person issued a permit to install or modify a solid waste facility	26221
or an infectious waste treatment facility under that chapter who	26222
fails to pay the permit fee to the director in compliance with	26223
division (V) of this section shall pay an additional ten per cent	26224
of the amount of the fee for each week that the permit fee is	26225
late.	26226

Permit and late payment fees paid to the director under this	26227
division shall be credited to the general revenue fund.	26228

(R)(1) A person issued a registration certificate for a scrap	26229
tire collection facility under section 3734.75 of the Revised Code	26230
shall pay a fee of two hundred dollars, except that if the	26231
facility is owned or operated by a motor vehicle salvage dealer	26232
licensed under Chapter 4738. of the Revised Code, the person shall	26233
pay a fee of twenty-five dollars.	26234

(2) A person issued a registration certificate for a new	26235
scrap tire storage facility under section 3734.76 of the Revised	26236
Code shall pay a fee of three hundred dollars, except that if the	26237
facility is owned or operated by a motor vehicle salvage dealer	26238
licensed under Chapter 4738. of the Revised Code, the person shall	26239
pay a fee of twenty-five dollars.	26240

(3) A person issued a permit for a scrap tire storage	26241
facility under section 3734.76 of the Revised Code shall pay a fee	26242
of one thousand dollars, except that if the facility is owned or	26243
operated by a motor vehicle salvage dealer licensed under Chapter	26244
4738. of the Revised Code, the person shall pay a fee of fifty	26245
dollars.	26246

(4) A person issued a permit for a scrap tire monocell or	26247
monofill facility under section 3734.77 of the Revised Code shall	26248
pay a fee of ten dollars per thousand cubic yards of disposal	26249
capacity or one thousand dollars, whichever is greater, except	26250
that the total fee for any such permit shall not exceed eighty	26251
thousand dollars.	26252

(5) A person issued a registration certificate for a scrap	26253
tire recovery facility under section 3734.78 of the Revised Code	26254
shall pay a fee of one hundred dollars.	26255

(6) A person issued a permit for a scrap tire recovery	26256
facility under section 3734.78 of the Revised Code shall pay a fee	26257
of one thousand dollars.	26258

(7) In addition to the applicable registration certificate or	26259
permit fee under divisions (R)(1) to (6) of this section, a person	26260
issued a registration certificate or permit for any such scrap	26261
tire facility who fails to pay the registration certificate or	26262
permit fee to the director in compliance with division (V) of this	26263
section shall pay an additional ten per cent of the amount of the	26264
fee for each week that the fee is late.	26265

(8) The registration certificate, permit, and late payment	26266
fees paid to the director under divisions (R)(1) to (7) of this	26267
section shall be credited to the scrap tire management fund	26268
created in section 3734.82 of the Revised Code.	26269

(S)(1) Except as provided by divisions (L), (M), (N), (O),	26270
(P), and (S)(2) of this section, division (A)(2) of section	26271
3734.05 of the Revised Code, section 3734.79 of the Revised Code,	26272
and rules adopted under division (T)(1) of this section, any	26273
person applying for a registration certificate under section	26274
3734.75, 3734.76, or 3734.78 of the Revised Code or a permit,	26275
variance, or plan approval under Chapter 3734. of the Revised Code	26276
shall pay a nonrefundable fee of fifteen dollars at the time the	26277
application is submitted.	26278

Except as otherwise provided, any person applying for a	26279
permit, variance, or plan approval under Chapter 6109. or 6111. of	26280
the Revised Code shall pay a nonrefundable fee of one hundred	26281
dollars at the time the application is submitted through June 30,	26282
~~2004~~2006, and a nonrefundable fee of fifteen dollars at the time	26283
the application is submitted on and after July 1, ~~2004~~2006.	26284
Through June 30, ~~2004~~2006, any person applying for a national	26285
pollutant discharge elimination system permit under Chapter 6111.	26286
of the Revised Code shall pay a nonrefundable fee of two hundred	26287
dollars at the time of application for the permit. On and after	26288
July 1, ~~2004~~2006, such a person shall pay a nonrefundable fee of	26289
fifteen dollars at the time of application.	26290

In addition to the application fee established under division	26291
(S)(1) of this section, any person applying for a national	26292
pollutant discharge elimination system general storm water	26293
construction permit shall pay a nonrefundable fee of twenty	26294
dollars per acre for each acre that is permitted above five acres	26295
at the time the application is submitted. However, the per acreage	26296
fee shall not exceed three hundred dollars. In addition, any	26297
person applying for a national pollutant discharge elimination	26298
system general storm water industrial permit shall pay a	26299
nonrefundable fee of one hundred fifty dollars at the time the	26300
application is submitted.	26301

The director shall transmit all moneys collected under	26302
division (S)(1) of this section pursuant to Chapter 6109. of the	26303
Revised Code to the treasurer of state for deposit into the	26304
drinking water protection fund created in section 6109.30 of the	26305
Revised Code.	26306

The director shall transmit all moneys collected under	26307
division (S)(1) of this section pursuant to Chapter 6111. of the	26308
Revised Code to the treasurer of state for deposit into the	26309
surface water protection fund created in section 6111.038 of the	26310
Revised Code.	26311

If a registration certificate is issued under section	26312
3734.75, 3734.76, or 3734.78 of the Revised Code, the amount of	26313
the application fee paid shall be deducted from the amount of the	26314
registration certificate fee due under division (R)(1), (2), or	26315
(5) of this section, as applicable.	26316

If a person submits an electronic application for a	26317
registration certificate, permit, variance, or plan approval for	26318
which an application fee is established under division (S)(1) of	26319
this section, the person shall pay the applicable application fee	26320
as expeditiously as possible after the submission of the	26321
electronic application. An application for a registration	26322
certificate, permit, variance, or plan approval for which an	26323
application fee is established under division (S)(1) of this	26324
section shall not be reviewed or processed until the applicable	26325
application fee, and any other fees established under this	26326
division, are paid.	26327

(2) Division (S)(1) of this section does not apply to an	26328
application for a registration certificate for a scrap tire	26329
collection or storage facility submitted under section 3734.75 or	26330
3734.76 of the Revised Code, as applicable, if the owner or	26331
operator of the facility or proposed facility is a motor vehicle	26332
salvage dealer licensed under Chapter 4738. of the Revised Code.	26333

(T) The director may adopt, amend, and rescind rules in	26334
accordance with Chapter 119. of the Revised Code that do all of	26335
the following:	26336

(1) Prescribe fees to be paid by applicants for and holders	26337
of any license, permit, variance, plan approval, or certification	26338
required or authorized by Chapter 3704., 3734., 6109., or 6111. of	26339
the Revised Code that are not specifically established in this	26340
section. The fees shall be designed to defray the cost of	26341
processing, issuing, revoking, modifying, denying, and enforcing	26342
the licenses, permits, variances, plan approvals, and	26343
certifications.	26344

The director shall transmit all moneys collected under rules	26345
adopted under division (T)(1) of this section pursuant to Chapter	26346
6109. of the Revised Code to the treasurer of state for deposit	26347
into the drinking water protection fund created in section 6109.30	26348
of the Revised Code.	26349

The director shall transmit all moneys collected under rules	26350
adopted under division (T)(1) of this section pursuant to Chapter	26351
6111. of the Revised Code to the treasurer of state for deposit	26352
into the surface water protection fund created in section 6111.038	26353
of the Revised Code.	26354

(2) Exempt the state and political subdivisions thereof,	26355
including education facilities or medical facilities owned by the	26356
state or a political subdivision, or any person exempted from	26357
taxation by section 5709.07 or 5709.12 of the Revised Code, from	26358
any fee required by this section;	26359

(3) Provide for the waiver of any fee, or any part thereof,	26360
otherwise required by this section whenever the director	26361
determines that the imposition of the fee would constitute an	26362
unreasonable cost of doing business for any applicant, class of	26363
applicants, or other person subject to the fee;	26364

(4) Prescribe measures that the director considers necessary	26365
to carry out this section.	26366

(U) When the director reasonably demonstrates that the direct	26367
cost to the state associated with the issuance of a permit to	26368
install, license, variance, plan approval, or certification	26369
exceeds the fee for the issuance or review specified by this	26370
section, the director may condition the issuance or review on the	26371
payment by the person receiving the issuance or review of, in	26372
addition to the fee specified by this section, the amount, or any	26373
portion thereof, in excess of the fee specified under this	26374
section. The director shall not so condition issuances for which	26375
fees are prescribed in divisions (B)(7) and (L)(1)(b) of this	26376
section.	26377

(V) Except as provided in divisions (L), (M), and (P) of this	26378
section or unless otherwise prescribed by a rule of the director	26379
adopted pursuant to Chapter 119. of the Revised Code, all fees	26380
required by this section are payable within thirty days after the	26381
issuance of an invoice for the fee by the director or the	26382
effective date of the issuance of the license, permit, variance,	26383
plan approval, or certification. If payment is late, the person	26384
responsible for payment of the fee shall pay an additional ten per	26385
cent of the amount due for each month that it is late.	26386

(W) As used in this section, "fuel-burning equipment,"	26387
"fuel-burning equipment input capacity," "incinerator,"	26388
"incinerator input capacity," "process," "process weight rate,"	26389
"storage tank," "gasoline dispensing facility," "dry cleaning	26390
facility," "design flow discharge," and "new source treatment	26391
works" have the meanings ascribed to those terms by applicable	26392
rules or standards adopted by the director under Chapter 3704. or	26393
6111. of the Revised Code.	26394

(X) As used in divisions (B), (C), (D), (E), (F), (H), (I),	26395
and (J) of this section, and in any other provision of this	26396
section pertaining to fees paid pursuant to Chapter 3704. of the	26397
Revised Code:	26398

(1) "Facility," "federal Clean Air Act," "person," and "Title	26399
V permit" have the same meanings as in section 3704.01 of the	26400
Revised Code.	26401

(2) "Title V permit program" means the following activities	26402
as necessary to meet the requirements of Title V of the federal	26403
Clean Air Act and 40 C.F.R. part 70, including at least:	26404

(a) Preparing and adopting, if applicable, generally	26405
applicable rules or guidance regarding the permit program or its	26406
implementation or enforcement;	26407

(b) Reviewing and acting on any application for a Title V	26408
permit, permit revision, or permit renewal, including the	26409
development of an applicable requirement as part of the processing	26410
of a permit, permit revision, or permit renewal;	26411

(c) Administering the permit program, including the	26412
supporting and tracking of permit applications, compliance	26413
certification, and related data entry;	26414

(d) Determining which sources are subject to the program and	26415
implementing and enforcing the terms of any Title V permit, not	26416
including any court actions or other formal enforcement actions;	26417

(e) Emission and ambient monitoring;

26418

(f) Modeling, analyses, or demonstrations;

26419

(g) Preparing inventories and tracking emissions;

26420

(h) Providing direct and indirect support to small business	26421
stationary sources to determine and meet their obligations under	26422
the federal Clean Air Act pursuant to the small business	26423
stationary source technical and environmental compliance	26424
assistance program required by section 507 of that act and	26425
established in sections 3704.18, 3704.19, and 3706.19 of the	26426
Revised Code.	26427

(Y)(1) Except as provided in divisions (Y)(2), (3), and (4)	26428
of this section, each sewage sludge facility shall pay a	26429
nonrefundable annual sludge fee equal to three dollars and fifty	26430
cents per dry ton of sewage sludge, including the dry tons of	26431
sewage sludge in materials derived from sewage sludge, that the	26432
sewage sludge facility treats or disposes of in this state. The	26433
annual volume of sewage sludge treated or disposed of by a sewage	26434
sludge facility shall be calculated using the first day of January	26435
through the thirty-first day of December of the calendar year	26436
preceding the date on which payment of the fee is due.	26437

(2)(a) Except as provided in division (Y)(2)(d) of this	26438
section, each sewage sludge facility shall pay a minimum annual	26439
sewage sludge fee of one hundred dollars.	26440

(b) The annual sludge fee required to be paid by a sewage	26441
sludge facility that treats or disposes of exceptional quality	26442
sludge in this state shall be thirty-five per cent less per dry	26443
ton of exceptional quality sludge than the fee assessed under	26444
division (Y)(1) of this section, subject to the following	26445
exceptions:	26446

(i) Except as provided in division (Y)(2)(d) of this section,	26447
a sewage sludge facility that treats or disposes of exceptional	26448
quality sludge shall pay a minimum annual sewage sludge fee of one	26449
hundred dollars.	26450

(ii) A sewage sludge facility that treats or disposes of	26451
exceptional quality sludge shall not be required to pay the annual	26452
sludge fee for treatment or disposal in this state of exceptional	26453
quality sludge generated outside of this state and contained in	26454
bags or other containers not greater than one hundred pounds in	26455
capacity.	26456

A thirty-five per cent reduction for exceptional quality	26457
sludge applies to the maximum annual fees established under	26458
division (Y)(3) of this section.	26459

(c) A sewage sludge facility that transfers sewage sludge to	26460
another sewage sludge facility in this state for further treatment	26461
prior to disposal in this state shall not be required to pay the	26462
annual sludge fee for the tons of sewage sludge that have been	26463
transferred. In such a case, the sewage sludge facility that	26464
disposes of the sewage sludge shall pay the annual sludge fee.	26465
However, the facility transferring the sewage sludge shall pay the	26466
one-hundred-dollar minimum fee required under division (Y)(2)(a)	26467
of this section.	26468

In the case of a sewage sludge facility that treats sewage	26469
sludge in this state and transfers it out of this state to another	26470
entity for disposal, the sewage sludge facility in this state	26471
shall be required to pay the annual sludge fee for the tons of	26472
sewage sludge that have been transferred.	26473

(d) A sewage sludge facility that generates sewage sludge	26474
resulting from an average daily discharge flow of less than five	26475
thousand gallons per day is not subject to the fees assessed under	26476
division (Y) of this section.	26477

(3) No sewage sludge facility required to pay the annual	26478
sludge fee shall be required to pay more than the maximum annual	26479
fee for each disposal method that the sewage sludge facility uses.	26480
The maximum annual fee does not include the additional amount that	26481
may be charged under division (Y)(5) of this section for late	26482
payment of the annual sludge fee. The maximum annual fee for the	26483
following methods of disposal of sewage sludge is as follows:	26484

(a) Incineration: five thousand dollars;

26485

(b) Preexisting land reclamation project or disposal in a	26486
landfill: five thousand dollars;	26487

(c) Land application, land reclamation, surface disposal, or	26488
any other disposal method not specified in division (Y)(3)(a) or	26489
(b) of this section: twenty thousand dollars.	26490

(4)(a) In the case of an entity that generates sewage sludge	26491
or a sewage sludge facility that treats sewage sludge and	26492
transfers the sewage sludge to an incineration facility for	26493
disposal, the incineration facility, and not the entity generating	26494
the sewage sludge or the sewage sludge facility treating the	26495
sewage sludge, shall pay the annual sludge fee for the tons of	26496
sewage sludge that are transferred. However, the entity or	26497
facility generating or treating the sewage sludge shall pay the	26498
one-hundred-dollar minimum fee required under division (Y)(2)(a)	26499
of this section.	26500

(b) In the case of an entity that generates sewage sludge and	26501
transfers the sewage sludge to a landfill for disposal or to a	26502
sewage sludge facility for land reclamation or surface disposal,	26503
the entity generating the sewage sludge, and not the landfill or	26504
sewage sludge facility, shall pay the annual sludge fee for the	26505
tons of sewage sludge that are transferred.	26506

(5) Not later than the first day of April of the calendar	26507
year following March 17, 2000, and each first day of April	26508
thereafter, the director shall issue invoices to persons who are	26509
required to pay the annual sludge fee. The invoice shall identify	26510
the nature and amount of the annual sludge fee assessed and state	26511
the first day of May as the deadline for receipt by the director	26512
of objections regarding the amount of the fee and the first day of	26513
July as the deadline for payment of the fee.	26514

Not later than the first day of May following receipt of an	26515
invoice, a person required to pay the annual sludge fee may submit	26516
objections to the director concerning the accuracy of information	26517
regarding the number of dry tons of sewage sludge used to	26518
calculate the amount of the annual sludge fee or regarding whether	26519
the sewage sludge qualifies for the exceptional quality sludge	26520
discount established in division (Y)(2)(b) of this section. The	26521
director may consider the objections and adjust the amount of the	26522
fee to ensure that it is accurate.	26523

If the director does not adjust the amount of the annual	26524
sludge fee in response to a person's objections, the person may	26525
appeal the director's determination in accordance with Chapter	26526
119. of the Revised Code.	26527

Not later than the first day of June, the director shall	26528
notify the objecting person regarding whether the director has	26529
found the objections to be valid and the reasons for the finding.	26530
If the director finds the objections to be valid and adjusts the	26531
amount of the annual sludge fee accordingly, the director shall	26532
issue with the notification a new invoice to the person	26533
identifying the amount of the annual sludge fee assessed and	26534
stating the first day of July as the deadline for payment.	26535

Not later than the first day of July, any person who is	26536
required to do so shall pay the annual sludge fee. Any person who	26537
is required to pay the fee, but who fails to do so on or before	26538
that date shall pay an additional amount that equals ten per cent	26539
of the required annual sludge fee.	26540

(6) The director shall transmit all moneys collected under	26541
division (Y) of this section to the treasurer of state for deposit	26542
into the surface water protection fund created in section 6111.038	26543
of the Revised Code. The moneys shall be used to defray the costs	26544
of administering and enforcing provisions in Chapter 6111. of the	26545
Revised Code and rules adopted under it that govern the use,	26546
storage, treatment, or disposal of sewage sludge.	26547

(7) Beginning in fiscal year 2001, and every two years	26548
thereafter, the director shall review the total amount of moneys	26549
generated by the annual sludge fees to determine if that amount	26550
exceeded six hundred thousand dollars in either of the two	26551
preceding fiscal years. If the total amount of moneys in the fund	26552
exceeded six hundred thousand dollars in either fiscal year, the	26553
director, after review of the fee structure and consultation with	26554
affected persons, shall issue an order reducing the amount of the	26555
fees levied under division (Y) of this section so that the	26556
estimated amount of moneys resulting from the fees will not exceed	26557
six hundred thousand dollars in any fiscal year.	26558

If, upon review of the fees under division (Y)(7) of this	26559
section and after the fees have been reduced, the director	26560
determines that the total amount of moneys collected and	26561
accumulated is less than six hundred thousand dollars, the	26562
director, after review of the fee structure and consultation with	26563
affected persons, may issue an order increasing the amount of the	26564
fees levied under division (Y) of this section so that the	26565
estimated amount of moneys resulting from the fees will be	26566
approximately six hundred thousand dollars. Fees shall never be	26567
increased to an amount exceeding the amount specified in division	26568
(Y)(7) of this section.	26569

Notwithstanding section 119.06 of the Revised Code, the	26570
director may issue an order under division (Y)(7) of this section	26571
without the necessity to hold an adjudicatory hearing in	26572
connection with the order. The issuance of an order under this	26573
division is not an act or action for purposes of section 3745.04	26574
of the Revised Code.	26575

(8) As used in division (Y) of this section:

26576

(a) "Sewage sludge facility" means an entity that performs	26577
treatment on or is responsible for the disposal of sewage sludge.	26578

(b) "Sewage sludge" means a solid, semi-solid, or liquid	26579
residue generated during the treatment of domestic sewage in a	26580
treatment works as defined in section 6111.01 of the Revised Code.	26581
"Sewage sludge" includes, but is not limited to, scum or solids	26582
removed in primary, secondary, or advanced wastewater treatment	26583
processes. "Sewage sludge" does not include ash generated during	26584
the firing of sewage sludge in a sewage sludge incinerator, grit	26585
and screenings generated during preliminary treatment of domestic	26586
sewage in a treatment works, animal manure, residue generated	26587
during treatment of animal manure, or domestic septage.	26588

(c) "Exceptional quality sludge" means sewage sludge that	26589
meets all of the following qualifications:	26590

(i) Satisfies the class A pathogen standards in 40 C.F.R.	26591
503.32(a);	26592

(ii) Satisfies one of the vector attraction reduction	26593
requirements in 40 C.F.R. 503.33(b)(1) to (b)(8);	26594

(iii) Does not exceed the ceiling concentration limitations	26595
for metals listed in table one of 40 C.F.R. 503.13;	26596

(iv) Does not exceed the concentration limitations for metals	26597
listed in table three of 40 C.F.R. 503.13.	26598

(d) "Treatment" means the preparation of sewage sludge for	26599
final use or disposal and includes, but is not limited to,	26600
thickening, stabilization, and dewatering of sewage sludge.	26601

(e) "Disposal" means the final use of sewage sludge,	26602
including, but not limited to, land application, land reclamation,	26603
surface disposal, or disposal in a landfill or an incinerator.	26604

(f) "Land application" means the spraying or spreading of	26605
sewage sludge onto the land surface, the injection of sewage	26606
sludge below the land surface, or the incorporation of sewage	26607
sludge into the soil for the purposes of conditioning the soil or	26608
fertilizing crops or vegetation grown in the soil.	26609

(g) "Land reclamation" means the returning of disturbed land	26610
to productive use.	26611

(h) "Surface disposal" means the placement of sludge on an	26612
area of land for disposal, including, but not limited to,	26613
monofills, surface impoundments, lagoons, waste piles, or	26614
dedicated disposal sites.	26615

(i) "Incinerator" means an entity that disposes of sewage	26616
sludge through the combustion of organic matter and inorganic	26617
matter in sewage sludge by high temperatures in an enclosed	26618
device.	26619

(j) "Incineration facility" includes all incinerators owned	26620
or operated by the same entity and located on a contiguous tract	26621
of land. Areas of land are considered to be contiguous even if	26622
they are separated by a public road or highway.	26623

(k) "Annual sludge fee" means the fee assessed under division	26624
(Y)(1) of this section.	26625

(l) "Landfill" means a sanitary landfill facility, as defined	26626
in rules adopted under section 3734.02 of the Revised Code, that	26627
is licensed under section 3734.05 of the Revised Code.	26628

(m) "Preexisting land reclamation project" means a	26629
property-specific land reclamation project that has been in	26630
continuous operation for not less than five years pursuant to	26631
approval of the activity by the director and includes the	26632
implementation of a community outreach program concerning the	26633
activity.	26634

Sec. 3745.14. (A) As used in this section:

26635

(1) "Compliance review" means the review of an application	26636
for a permit, renewal of a permit, or plan approval, or	26637
modification thereof, for an existing or proposed facility,	26638
source, or activity and the accompanying engineering plans,	26639
specifications, and materials and information that are submitted	26640
under Chapter 3704., 3734., 6109., or 6111. of the Revised Code	26641
and rules adopted under them for compliance with performance	26642
standards under the applicable chapter and rules adopted under it.	26643
"Compliance review" does not include the review of an application	26644
for a hazardous waste facility installation and operation permit	26645
or the renewal or modification of such a permit, a permit to	26646
establish or modify an infectious waste treatment facility, a	26647
permit to install a solid waste incineration facility that also	26648
would treat infectious wastes, or a permit to modify a solid waste	26649
incineration facility to also treat infectious wastes under	26650
Chapter 3734. of the Revised Code.	26651

(2) "Engineer" includes both of the following:

26652

(a) A professional engineer registered under Chapter 4733. of	26653
the Revised Code;	26654

(b) A firm, partnership, association, or corporation	26655
providing engineering services in this state in compliance with	26656
Chapter 4733. of the Revised Code.	26657

(B) The director of environmental protection, in accordance	26658
with Chapter 119. of the Revised Code, shall adopt, and may amend	26659
and rescind, rules establishing a program for the certification of	26660
engineers to conduct compliance reviews. The rules, at a minimum,	26661
shall do all of the following:	26662

(1) Require that the program be administered by the director;

26663

(2) Establish eligibility criteria for certification to	26664
conduct compliance reviews;	26665

(3) Establish criteria for denying, suspending, and revoking	26666
certifications and renewals of certifications issued pursuant to	26667
rules adopted under division (B) of this section;	26668

(4) Require the periodic renewal of certifications issued	26669
pursuant to rules adopted under division (B) of this section;	26670

(5) Establish an application fee and fee for issuance for	26671
certifications under this section. The fees shall be established	26672
at a level calculated to defray the costs to the environmental	26673
protection agency for administering the certification program	26674
established by rules adopted under division (B) of this section.	26675
All such application and certification fees received by the	26676
director shall be deposited into the state treasury to the credit	26677
of the permit review fund created in division (E) of this section.	26678

(C) The director shall maintain a current list of all	26679
engineers who are certified to conduct compliance reviews pursuant	26680
to rules adopted under this section. The list shall indicate the	26681
types of permits, permit renewals, and plan approvals that each	26682
engineer is certified to review and the types or categories of	26683
facilities, sources, or activities in connection with which the	26684
engineer is certified to conduct the reviews. Upon request, the	26685
director shall provide a copy of the list to anyone requesting it.	26686

(D) An applicant for a permit, renewal of a permit, plan	26687
approval, or modification thereof, under Chapter 3704., 3734.,	26688
6109., or 6111. of the Revised Code and applicable rules adopted	26689
under them, other than a hazardous waste facility installation and	26690
operation permit or renewal or modification of such a permit, a	26691
permit to establish or modify an infectious waste treatment	26692
facility, a permit to install a solid waste incineration facility	26693
that also would treat infectious wastes, or a permit to modify a	26694
solid waste incineration facility to also treat infectious wastes	26695
under Chapter 3734. of the Revised Code, may submit a written	26696
request to the director to have the compliance review conducted by	26697
an engineer certified under this section. The request shall	26698
accompany the permit application, shall indicate the applicant's	26699
choice from among the certified engineers on the director's list	26700
who are qualified to conduct the compliance review, shall be	26701
accompanied by separate certifications by the applicant and the	26702
engineer indicating that the applicant does not have and has not	26703
had during the preceding two years a financial interest in the	26704
engineer and has not employed or retained the engineer to perform	26705
services for the applicant during the preceding two years, and may	26706
be accompanied by a draft proposal for conducting the compliance	26707
review that was developed by the applicant and the engineer. No	26708
such draft proposal is binding upon the director.	26709

Within seven days after receiving a request under this	26710
division, the director shall do all of the following, as	26711
appropriate:	26712

(1) In the director's discretion, approve or disapprove the	26713
applicant's request to have the compliance review of the	26714
application conducted by an engineer on the list of certified	26715
engineers prepared under this section;	26716

(2) If the director approves the conducting of the compliance	26717
review by such a certified engineer, approve or disapprove, in the	26718
director's discretion, the applicant's choice of the engineer;	26719

(3) Mail written notice of decisions made under divisions	26720
(D)(1) and (2) of this section to the applicant.	26721

If the director fails to mail notice of the director's	26722
decisions on the request to the applicant within seven days after	26723
receiving the request, it is conclusively presumed that the	26724
director approved the applicant's request to have the compliance	26725
review conducted by a certified engineer and the applicant's	26726
choice of the engineer, and the director shall enter into a	26727
contract with the engineer chosen by the applicant. If the	26728
director disapproves the applicant's choice of an engineer and	26729
provides timely notice of the disapproval to the applicant, the	26730
director and applicant, by mutual agreement, shall select another	26731
engineer from the list prepared under this section to conduct the	26732
compliance review, and the director shall enter into a contract	26733
with that engineer.	26734

(E) The director may enter into contracts for conducting	26735
performance reviews under division (D) of this section without	26736
advertising for bids. The commencement of any work under such a	26737
contract shall be contingent upon the director's receipt of	26738
payment from the applicant of an amount that is equal to one	26739
hundred ten per cent of the amount specified in the contract,	26740
excluding contingencies for any additional work that may be needed	26741
to properly complete the review and that was not anticipated when	26742
the contract was made. Moneys received by the director from an	26743
applicant shall be deposited into the permit review fund, which is	26744
hereby created in the state treasury. The director shall use	26745
moneys in the fund to pay the cost of compliance reviews conducted	26746
pursuant to contracts entered into under division (D) of this	26747
section and to administer the certification program established	26748
under division (B) of this section. The director may use any	26749
moneys in the fund not needed for those purposes to administer the	26750
environmental laws or programs of this state.	26751

If, while conducting a compliance review, the engineer finds	26752
that work in addition to that upon which the cost under the	26753
contract was based, or any additional work previously authorized	26754
under this division, is needed to properly review the application	26755
and accompanying information for compliance with the applicable	26756
performance standards, the engineer shall notify the director of	26757
that fact and of the cost of the additional work, as determined	26758
pursuant to the terms of the contract. If the director finds that	26759
the additional work is needed and that the costs of performing the	26760
work have been determined in accordance with the terms of the	26761
contract, the director shall authorize the contractor to perform	26762
the work. Upon completion of the additional work, the contractor	26763
shall submit to the director an invoice for the cost of performing	26764
the additional work, and the director shall forward a copy of the	26765
invoice to the applicant. The applicant is liable to the state for	26766
an amount equal to one hundred ten per cent of the cost of	26767
performing the additional work and, within thirty days after	26768
receiving a copy of the invoice, shall pay to the director an	26769
amount equal to one hundred ten per cent of the amount indicated	26770
on the invoice. Upon receiving this payment, the director shall	26771
forward the moneys to the treasurer of state, who shall deposit	26772
them into the state treasury to the credit of the permit review	26773
fund.	26774

Until the applicant pays to the director the amount due in	26775
connection with the additional work, the director shall not issue	26776
to the applicant any permit, renewal of a permit, or plan	26777
approval, or modification thereof, for which an application is	26778
pending before the director. The director also may certify the	26779
unpaid amount to the attorney general and request that the	26780
attorney general bring a civil action against the applicant to	26781
recover that amount. Any moneys so recovered shall be deposited	26782
into the state treasury to the credit of the permit review fund.	26783

(F) Upon completing a compliance review conducted under this	26784
section, the engineer shall make a certification to the director	26785
as to whether the existing or proposed facility, source, activity,	26786
or modification will comply with the applicable performance	26787
standards. If the certification indicates that the existing or	26788
proposed facility, source, activity, or modification will not	26789
comply, the engineer shall include in the certification the	26790
engineer's findings as to the causes of the noncompliance.	26791

(G) When a compliance review is conducted by an engineer	26792
certified under this section, the other activities in connection	26793
with the consideration, approval, and issuance of the permit,	26794
renewal of the permit, or plan approval, or modification thereof,	26795
shall be conducted by the director ~~or, when applicable, the~~	26796
~~hazardous waste facility board established in section 3734.05 of~~	26797
~~the Revised Code,~~ in accordance with the applicable provisions of	26798
Chapter 3704., 3734., 6109., or 6111. of the Revised Code and	26799
rules adopted under the applicable chapter.	26800

(H) All expenses incurred by the attorney general in bringing	26801
a civil action under this section shall be reimbursed from the	26802
permit review fund in accordance with Chapter 109. of the Revised	26803
Code.	26804

Sec. 3745.40. (A) There is hereby created the clean Ohio	26805
operating fund consisting of moneys credited to the fund in	26806
accordance with this section. The fund shall be used to pay the	26807
costs incurred by the director of environmental protection	26808
pursuant to sections 122.65 to 122.658 of the Revised Code.	26809
Investment earnings of the fund shall be credited to the fund~~. For~~	26810
~~two years after the effective date of this section, investment~~	26811
~~earnings credited to the fund~~and may be used to pay	26812
administrative costs incurred by the director pursuant to those	26813
sections.	26814

(B) Notwithstanding section 3746.16 of the Revised Code, upon	26815
the request of the director of environmental protection, the	26816
director of development shall certify to the director of budget	26817
and management the amount of excess investment earnings that are	26818
available to be transferred from the clean Ohio revitalization	26819
fund created in section 122.658 of the Revised Code to the clean	26820
Ohio operating fund. Upon certification, the director of budget	26821
and management may transfer from the clean Ohio revitalization	26822
fund to the clean Ohio operating fund an amount not exceeding the	26823
amount of the annual appropriation to the clean Ohio operating	26824
fund.	26825

Sec. 3746.13. (A) For property that does not involve the	26826
issuance of a consolidated standards permit under section 3746.15	26827
of the Revised Code and where no engineering or institutional	26828
controls are used to comply with applicable standards, the	26829
director of environmental protection shall issue a covenant not to	26830
sue pursuant to section 3746.12 of the Revised Code by issuance of	26831
an order as a final action under Chapter 3745. of the Revised Code	26832
within thirty days after the director receives the no further	26833
action letter for the property and accompanying verification from	26834
the certified professional who prepared the letter under section	26835
3746.11 of the Revised Code.	26836

(B) For property that involves the issuance of a consolidated	26837
standards permit under section 3746.15 of the Revised Code or	26838
where engineering or institutional controls are used to comply	26839
with applicable standards, the director shall issue a covenant not	26840
to sue by issuance of an order as a final action under Chapter	26841
3745. of the Revised Code within ninety days after the director	26842
receives the no further action letter for the property and	26843
accompanying verification from the certified professional who	26844
prepared the letter.	26845

(C) Except as provided in division (D) of this section, each	26846
person who is issued a covenant not to sue under this section	26847
shall pay the fee established pursuant to rules adopted under	26848
division (B)(8) of section 3746.04 of the Revised Code. Until	26849
those rules become effective, each person who is issued a covenant	26850
not to sue shall pay a fee of two thousand dollars. The fee shall	26851
be paid to the director at the time that the no further action	26852
letter and accompanying verification are submitted to the	26853
director.	26854

(D) An applicant, as defined in section 122.65 of the Revised	26855
Code, who has entered into an agreement under section 122.653 of	26856
the Revised Code and who is issued a covenant not to sue under	26857
this section shall not be required to pay the fee for the issuance	26858
of a covenant not to sue established in rules adopted under	26859
division (B)(8) of section 3746.04 of the Revised Code.	26860

Sec. 3748.07. (A) Every facility that proposes to handle	26861
radioactive material or radiation-generating equipment for which	26862
licensure or registration, respectively, by its handler is	26863
required shall apply in writing to the director of health on forms	26864
prescribed and provided by the director for licensure or	26865
registration. Terms and conditions of licenses and certificates of	26866
registration may be amended in accordance with rules adopted under	26867
section 3748.04 of the Revised Code or orders issued by the	26868
director pursuant to section 3748.05 of the Revised Code.	26869

(B) Until rules are adopted under section 3748.04 of the	26870
Revised Code, an application for a certificate of registration	26871
shall be accompanied by a biennial registration fee of ~~one~~two	26872
hundred ~~sixty~~ dollars. On and after the effective date of those	26873
rules, an applicant for a license, registration certificate, or	26874
renewal of either shall pay the appropriate fee established in	26875
those rules.	26876

All fees collected under this section shall be deposited in	26877
the state treasury to the credit of the general operations fund	26878
created in section 3701.83 of the Revised Code. The fees shall be	26879
used solely to administer and enforce this chapter and rules	26880
adopted under it.	26881

Any fee required under this section that has not been paid	26882
within ninety days after the invoice date shall be assessed at two	26883
times the original invoiced fee. Any fee that has not been paid	26884
within one hundred eighty days after the invoice date shall be	26885
assessed at five times the original invoiced fee.	26886

(C) The director shall grant a license or registration to any	26887
applicant who has paid the required fee and is in compliance with	26888
this chapter and rules adopted under it.	26889

Until rules are adopted under section 3748.04 of the Revised	26890
Code, certificates of registration shall be effective for two	26891
years from the date of issuance. On and after the effective date	26892
of those rules, licenses and certificates of registration shall be	26893
effective for the applicable period established in those rules.	26894
Licenses and certificates of registration shall be renewed in	26895
accordance with the standard renewal procedure established in	26896
Chapter 4745. of the Revised Code.	26897

Sec. 3748.13. (A) The director of health shall inspect	26898
sources of radiation for which licensure or registration by the	26899
handler is required, and the sources' shielding and surroundings,	26900
according to the schedule established in rules adopted under	26901
division (D) of section 3748.04 of the Revised Code. In accordance	26902
with rules adopted under that section, the director shall inspect	26903
all records and operating procedures of handlers that install	26904
sources of radiation and all sources of radiation for which	26905
licensure of radioactive material or registration of	26906
radiation-generating equipment by the handler is required. The	26907
director may make other inspections upon receiving complaints or	26908
other evidence of violation of this chapter or rules adopted under	26909
it.	26910

The director shall require any hospital registered under	26911
division (A) of section 3701.07 of the Revised Code to develop and	26912
maintain a quality assurance program for all sources of	26913
radiation-generating equipment. A certified radiation expert shall	26914
conduct oversight and maintenance of the program and shall file a	26915
report of audits of the program with the director on forms	26916
prescribed by the director. The audit reports shall become part of	26917
the inspection record.	26918

(B) Until rules are adopted under division (A)(8) of section	26919
3748.04 of the Revised Code, a facility shall pay inspection fees	26920
according to the following schedule and categories:	26921

First dental x-ray tube	$ ~~94.00~~ 118.00	26922
Each additional dental x-ray tube at the same location	$ ~~47.00~~ 59.00	26923
First medical x-ray tube	$~~187.00~~ 235.00	26924
Each additional medical x-ray tube at the same location	$ ~~94.00~~ 125.00	26925
Each unit of ionizing radiation-generating equipment capable of operating at or above 250 kilovoltage peak	$~~373.00~~ 466.00	26926
First nonionizing radiation-generating equipment of any kind	$~~187.00~~ 235.00	26927
Each additional nonionizing radiation-generating equipment of any kind at the same location	$ ~~94.00~~ 125.00	26928
Assembler-maintainer inspection consisting of an inspection of records and operating procedures of handlers that install sources of radiation	$~~233.00~~ 291.00	26929

Until rules are adopted under division (A)(8) of section	26930
3748.04 of the Revised Code, the fee for an inspection to	26931
determine whether violations cited in a previous inspection have	26932
been corrected is fifty per cent of the fee applicable under the	26933
schedule in this division. Until those rules are adopted, the fee	26934
for the inspection of a facility that is not licensed or	26935
registered and for which no license or registration application is	26936
pending at the time of inspection is ~~two~~three hundred ~~ninety~~	26937
sixty-three dollars plus the fee applicable under the schedule in	26938
this division.	26939

The director may conduct a review of shielding plans or the	26940
adequacy of shielding on the request of a licensee or registrant	26941
or an applicant for licensure or registration or during an	26942
inspection when the director considers a review to be necessary.	26943
Until rules are adopted under division (A)(8) of section 3748.04	26944
of the Revised Code, the fee for the review is ~~four~~five hundred	26945
~~sixty-six~~eighty-three dollars for each room where a source of	26946
radiation is used and is in addition to any other fee applicable	26947
under the schedule in this division.	26948

All fees shall be paid to the department of health no later	26949
than thirty days after the invoice for the fee is mailed. Fees	26950
shall be deposited in the general operations fund created in	26951
section 3701.83 of the Revised Code. The fees shall be used solely	26952
to administer and enforce this chapter and rules adopted under it.	26953

Any fee required under this section that has not been paid	26954
within ninety days after the invoice date shall be assessed at two	26955
times the original invoiced fee. Any fee that has not been paid	26956
within one hundred eighty days after the invoice date shall be	26957
assessed at five times the original invoiced fee.	26958

(C) If the director determines that a board of health of a	26959
city or general health district is qualified to conduct	26960
inspections of radiation-generating equipment, the director may	26961
delegate to the board, by contract, the authority to conduct such	26962
inspections. In making a determination of the qualifications of a	26963
board of health to conduct those inspections, the director shall	26964
evaluate the credentials of the individuals who are to conduct the	26965
inspections of radiation-generating equipment and the radiation	26966
detection and measuring equipment available to them for that	26967
purpose. If a contract is entered into, the board shall have the	26968
same authority to make inspections of radiation-generating	26969
equipment as the director has under this chapter and rules adopted	26970
under it. The contract shall stipulate that only individuals	26971
approved by the director as qualified shall be permitted to	26972
inspect radiation-generating equipment under the contract's	26973
provisions. The contract shall provide for such compensation for	26974
services as is agreed to by the director and the board of health	26975
of the contracting health district. The director may reevaluate	26976
the credentials of the inspection personnel and their radiation	26977
detecting and measuring equipment as often as the director	26978
considers necessary and may terminate any contract with the board	26979
of health of any health district that, in the director's opinion,	26980
is not satisfactorily performing the terms of the contract.	26981

(D) The director may enter at all reasonable times upon any	26982
public or private property to determine compliance with this	26983
chapter and rules adopted under it.	26984

Sec. 3770.07. (A)~~(1)~~ Lottery prize awards shall be claimed	26985
by the holder of the winning lottery ticket, or by the executor or	26986
administrator, or the trustee of a trust, of the estate of a	26987
deceased holder of a winning ticket, in a manner to be determined	26988
by the state lottery commission, within one hundred eighty days	26989
after the date on which such prize award was announced if the	26990
lottery game is an on-line game, and within one hundred eighty	26991
days after the close of the game if the lottery game is an instant	26992
game. ~~Except as otherwise provided in division (B) of this~~	26993
~~section, if~~If no valid claim to the prize award is made within	26994
the prescribed period, the prize money or the cost of goods and	26995
services awarded as prizes, or if such goods or services are	26996
resold by the commission, the proceeds from such sale, shall be	26997
returned to the state lottery fund and distributed in accordance	26998
with section 3770.06 of the Revised Code.	26999

~~(2)~~(B) If a prize winner, as defined in section 3770.10 of	27000
the Revised Code, is under eighteen years of age, or is under some	27001
other legal disability, and the prize money or the cost of goods	27002
or services awarded as a prize exceeds one thousand dollars, the	27003
director shall order that payment be made to the order of the	27004
legal guardian of that prize winner. If the amount of the prize	27005
money or the cost of goods or services awarded as a prize is one	27006
thousand dollars or less, the director may order that payment be	27007
made to the order of the adult member, if any, of that prize	27008
winner's family legally responsible for the care of that prize	27009
winner.	27010

~~(3)~~(C) No right of any prize winner, as defined in section	27011
3770.10 of the Revised Code, to a prize award shall be the subject	27012
of a security interest or used as collateral.	27013

~~(4)(a)~~(D)(1) No right of any prize winner, as defined in	27014
section 3770.10 of the Revised Code, to a prize award shall be	27015
assignable, or subject to garnishment, attachment, execution,	27016
withholding, or deduction, except as follows: as provided in	27017
sections 3119.80, 3119.81, 3121.02, 3121.03, and 3123.06 of the	27018
Revised Code; when the payment is to be made to the executor or	27019
administrator or the trustee of a trust of the estate of a winning	27020
ticket holder; when the award of a prize is disputed, any person	27021
may be awarded a prize award to which another has claimed title,	27022
pursuant to the order of a court of competent jurisdiction; when	27023
the director is to make a payment pursuant to ~~section~~sections	27024
3770.071 or 3770.073 of the Revised Code; or as provided in	27025
sections 3770.10 to 3770.14 of the Revised Code.	27026

~~(b)~~(2) The commission shall adopt rules pursuant to section	27027
3770.03 of the Revised Code concerning the payment of prize awards	27028
upon the death of a prize winner. Upon the death of a prize	27029
winner, as defined in section 3770.10 of the Revised Code, the	27030
remainder of the prize winner's prize award, to the extent it is	27031
not subject to a transfer agreement under sections 3770.10 to	27032
3770.14 of the Revised Code, may be paid to the executor,	27033
administrator, or trustee in the form of a discounted lump sum	27034
cash settlement.	27035

~~(5)~~(E) No lottery prize award shall be awarded to or for any	27036
officer or employee of the state lottery commission, any officer	27037
or employee of the auditor of state actively coordinating and	27038
certifying commission drawings, or any blood relative or spouse of	27039
such officer or employee of the commission or auditor of state	27040
living as a member of such officer's or employee's household, nor	27041
shall any such employee, blood relative, or spouse attempt to	27042
claim a lottery prize award.	27043

~~(6)~~(F) The director may prohibit vendors to the commission	27044
and their employees from being awarded a lottery prize award.	27045

~~(7)~~(G) Upon the payment of prize awards pursuant to this	27046
section, the director and the commission are discharged from all	27047
further liability ~~therefor~~for the awards.	27048

~~(B) The commission may adopt rules governing the disbursement~~	27049
~~of unclaimed prize awards as all or part of the prize award in a~~	27050
~~lottery and may, pursuant to those rules, conduct the lottery and~~	27051
~~disburse any such unclaimed prize awards. Any lottery in which all~~	27052
~~or any part of the prize award is paid from unclaimed prize awards~~	27053
~~shall be conducted in accordance with all of the other~~	27054
~~requirements of this chapter, including, but not limited to, the~~	27055
~~time and proof requirements for claiming awards and the~~	27056
~~disposition of unclaimed prize awards when the prescribed period~~	27057
~~for claiming the award has passed. A prize award or any part of a~~	27058
~~prize award that is paid from an unclaimed prize award shall not~~	27059
~~be reapplied toward the satisfaction of the requirement of~~	27060
~~division (A) of section 3770.06 of the Revised Code that at least~~	27061
~~fifty per cent of the total revenues from ticket sales be~~	27062
~~disbursed for monetary prize awards, if such unclaimed prize award~~	27063
~~was previously applied toward the satisfaction of that~~	27064
~~requirement. On or before the last day of January and July each~~	27065
~~year, the commission shall report to the general assembly the~~	27066
~~gross sales and net profits the commission obtained from the~~	27067
~~unclaimed prize awards in lotteries conducted pursuant to this~~	27068
~~division during the preceding two calendar quarters, including the~~	27069
~~amount of money produced by the games funded by the unclaimed~~	27070
~~prize awards and the total revenue accruing to the state from the~~	27071
~~prize award lotteries conducted pursuant to this division.~~	27072

~~There is hereby established in the state treasury the~~	27073
~~unclaimed lottery prizes fund, to which all unclaimed prize awards~~	27074
~~shall be transferred. Any interest that accrues on the amounts in~~	27075
~~the fund shall become a part of the fund and shall be subject to~~	27076
~~any rules adopted by the commission governing the disbursement of~~	27077
~~unclaimed prize awards.~~	27078

Sec. 3770.073. (A) If a person is entitled to a lottery	27079
prize award and is indebted to the state for the payment of any	27080
tax, workers' compensation premium, unemployment contribution,	27081
payment in lieu of unemployment contribution, or charge, penalty,	27082
or interest arising from these debts and the amount of the prize	27083
money or the cost of goods or services awarded as a lottery prize	27084
award is one hundred dollars or more, the director of the state	27085
lottery commission, or the director's designee, shall do either of	27086
the following:	27087

(1) If the prize award will be paid in a lump sum, deduct	27088
from the prize award and pay to the attorney general an amount in	27089
satisfaction of the debt and pay any remainder to that person. If	27090
the amount of the prize award is less than the amount of the debt,	27091
the entire amount of the prize award shall be deducted and paid in	27092
partial satisfaction of the debt.	27093

(2) If the prize award will be paid in annual installments,	27094
on the date the initial installment payment is due, deduct from	27095
that installment and pay to the attorney general an amount in	27096
satisfaction of the debt and, if necessary to collect the full	27097
amount of the debt, do the same for any subsequent annual	27098
installments, at the time the installments become due and owing to	27099
the person, until the debt is fully satisfied.	27100

(B) If a person entitled to a lottery prize award owes more	27101
than one debt, any debt subject to section 5739.33 or division (G)	27102
of section 5747.07 of the Revised Code shall be satisfied first.	27103

(C) This section applies only to debts that have become	27104
final.	27105

Sec. 3770.10. As used in sections 3770.07 and 3770.10 to	27106
3770.14 of the Revised Code:	27107

(A) "Court of competent jurisdiction" means the probate court	27108
of the county in which the prize winner resides, or, if the prize	27109
winner is not a resident of this state, the probate court of	27110
Franklin county or a federal court having jurisdiction over the	27111
lottery prize award.	27112

(B) "Discounted present value" means the present value of the	27113
future payments of a lottery prize award that is determined by	27114
discounting those payments to the present, using the most recently	27115
published applicable federal rate for determining the present	27116
value of an annuity as issued by the United States internal	27117
revenue service and assuming daily compounding.	27118

(C) "Independent professional advice" means the advice of an	27119
attorney, a certified public accountant, an actuary, or any other	27120
licensed professional adviser if all of the following apply:	27121

(1) The prize winner has engaged the services of the licensed	27122
professional adviser to render advice concerning the legal and	27123
other implications of a transfer of the lottery prize award.	27124

(2) The licensed professional adviser is not affiliated in	27125
any manner with or compensated in any manner by the transferee of	27126
the lottery prize award.	27127

(3) The compensation of the licensed professional adviser is	27128
not affected by whether or not a transfer of a lottery prize award	27129
occurs.	27130

(D) "Prize winner" means any person that holds the right to	27131
receive all or any part of a lottery prize award as a result of	27132
being any of the following:	27133

(1) A person who is a claimant under division (A)~~(1)~~ of	27134
section 3770.07 of the Revised Code;	27135

(2) A person who is entitled to a prize award and who is	27136
under a legal disability as described in division ~~(A)(2)~~(B) of	27137
section 3770.07 of the Revised Code;	27138

(3) A person who was awarded a prize award to which another	27139
has claimed title by a court order under division ~~(A)(4)(a)~~(D)(1)	27140
of section 3770.07 of the Revised Code;	27141

(4) A person who is receiving payments upon the death of a	27142
prize winner as provided in division ~~(A)(4)(b)~~(D)(2) of section	27143
3770.07 of the Revised Code.	27144

(E) "Transfer" means any form of sale, assignment, or	27145
redirection of payment of all or any part of a lottery prize award	27146
for consideration.	27147

(F) "Transfer agreement" means an agreement that is complete	27148
and valid, and that provides for the transfer of all or any part	27149
of a lottery prize award from a transferor to a transferee. A	27150
transfer agreement is incomplete and invalid unless the agreement	27151
contains both of the following:	27152

(1) A statement, signed by the transferor under penalties of	27153
perjury, that the transferor irrevocably agrees that the	27154
transferor is subject to the tax imposed by Chapter 5733. or 5747.	27155
of the Revised Code with respect to gain or income which the	27156
transferor will recognize in connection with the transfer. If the	27157
transferor is a pass-through entity, as defined in section 5733.04	27158
of the Revised Code, each investor in the pass-through entity	27159
shall also sign under penalties of perjury a statement that the	27160
investor irrevocably agrees that the investor is subject to the	27161
tax imposed by Chapter 5733. or 5747. of the Revised Code with	27162
respect to gain or income which the transferor and the investor	27163
will recognize in connection with the transfer.	27164

(2) A statement, signed by the transferee, that the	27165
transferee irrevocably agrees that the transferee is subject to	27166
the withholding requirements imposed by division (C) of section	27167
3770.072 of the Revised Code and is subject to the tax imposed by	27168
Chapter 5733. or 5747. of the Revised Code with respect to gain or	27169
income which the transferee will recognize in connection with	27170
lottery prize awards to be received as a result of the transfer.	27171
If the transferee is a pass-through entity, as defined in section	27172
5733.04 of the Revised Code, each investor in the pass-through	27173
entity shall also sign under penalties of perjury a statement	27174
setting forth that the investor irrevocably agrees that the	27175
investor is subject to the withholding requirements imposed by	27176
division (C) of section 3770.072 of the Revised Code and is	27177
subject to the tax imposed by Chapter 5733. or 5747. of the	27178
Revised Code with respect to gain or income which the transferee	27179
and the investor will recognize in connection with lottery prize	27180
awards to be received as a result of the transfer.	27181

(G) "Transferee" means a party acquiring or proposing to	27182
acquire all or any part of a lottery prize award through a	27183
transfer.	27184

(H) "Transferor" means either a prize winner or a transferee	27185
in an earlier transfer whose interest is acquired by or is sought	27186
to be acquired by a transferee or a new transferee through a	27187
transfer.	27188

Sec. 3770.99. (A) Whoever is prohibited from claiming a	27189
lottery prize award under division ~~(A)(5)~~(E) of section 3770.07 of	27190
the Revised Code and attempts to claim or is paid a lottery prize	27191
award is guilty of a minor misdemeanor, and shall provide	27192
restitution to the state lottery commission of any moneys	27193
erroneously paid as a lottery prize award to that person.	27194

(B) Whoever violates division (C) of section 3770.071 or	27195
section 3770.08 of the Revised Code is guilty of a misdemeanor of	27196
the third degree.	27197

Sec. 3773.33. (A) There is hereby created the Ohio athletic	27198
commission. The commission shall consist of five voting members	27199
appointed by the governor with the advice and consent of the	27200
senate, not more than three of whom shall be of the same political	27201
party, and two nonvoting members, one of whom shall be a member of	27202
the senate appointed by and to serve at the pleasure of the	27203
president of the senate and one of whom shall be a member of the	27204
house of representatives appointed by and to serve at the pleasure	27205
of the speaker of the house of representatives. To be eligible for	27206
appointment as a voting member, a person shall be a qualified	27207
elector and a resident of the state for not less than five years	27208
immediately preceding the person's appointment. Two voting members	27209
shall be knowledgeable in boxing, at least one voting member shall	27210
be knowledgeable and experienced in high school athletics, one	27211
voting member shall be knowledgeable and experienced in	27212
professional athletics, and at least one voting member shall be	27213
knowledgeable and experienced in collegiate athletics. One	27214
commission member shall hold the degree of doctor of medicine or	27215
doctor of osteopathy.	27216

(B) No person shall be appointed to the commission or be an	27217
employee of the commission who is licensed, registered, or	27218
regulated by the commission. No member shall have any legal or	27219
beneficial interest, direct or indirect, pecuniary or otherwise,	27220
in any person who is licensed, registered, or regulated by the	27221
commission or who participates in prize fights or public boxing or	27222
wrestling matches or exhibitions. No member shall participate in	27223
any fight, match, or exhibition other than in the member's	27224
official capacity as a member of the commission, or as an	27225
inspector as authorized in section 3773.52 of the Revised Code.	27226

(C) The governor shall appoint the voting members to the	27227
commission. Of the initial appointments, two shall be for terms	27228
ending one year after September 3, 1996, two shall be for terms	27229
ending two years after September 3, 1996, and one shall be for a	27230
term ending three years after September 3, 1996. Thereafter, terms	27231
of office shall be for three years, each term ending the same day	27232
of the same month of the year as did the term which it succeeds.	27233
Each member shall hold office from the date of the member's	27234
appointment until the end of the term for which the member was	27235
appointed. Any member appointed to fill a vacancy occurring prior	27236
to the expiration of the term for which the member's predecessor	27237
was appointed shall hold office for the remainder of the term. Any	27238
member shall continue in office subsequent to the expiration date	27239
of the member's term until the member's successor takes office, or	27240
until a period of sixty days has elapsed, whichever occurs first.	27241

The governor shall name one voting member as chairperson of	27242
the commission at the time of making the appointment of any member	27243
for a full term. Three voting members shall constitute a quorum,	27244
and the affirmative vote of three voting members shall be	27245
necessary for any action taken by the commission. No vacancy on	27246
the commission impairs the authority of the remaining members to	27247
exercise all powers of the commission.	27248

Voting members, when engaged in commission duties, shall	27249
receive a per diem compensation determined in accordance with	27250
division (J) of section 124.15 of the Revised Code, and all	27251
members shall receive their actual and necessary expenses incurred	27252
in the performance of their official duties.	27253

Each voting member, before entering upon the discharge of the	27254
member's duties, shall file a surety bond payable to the treasurer	27255
of state in the sum of ten thousand dollars. Each surety bond	27256
shall be conditioned upon the faithful performance of the duties	27257
of the office, executed by a surety company authorized to transact	27258
business in this state, and filed in the office of the secretary	27259
of state.	27260

The governor may remove any voting member for malfeasance,	27261
misfeasance, or nonfeasance in office after giving the member a	27262
copy of the charges against the member and affording the member an	27263
opportunity for a public hearing, at which the member may be	27264
represented by counsel, upon not less than ten days' notice. If	27265
the member is removed, the governor shall file a complete	27266
statement of all charges made against the member and the	27267
governor's finding ~~thereon~~on the charges in the office of the	27268
secretary of state, together with a complete report of the	27269
proceedings. The governor's decision shall be final.	27270

~~(D) The commission shall maintain an office in Youngstown and~~	27271
~~keep all of its permanent records there.~~	27272

Sec. 3773.43. The Ohio athletic commission shall charge the	27273
following fees:	27274

(A) For an application for or renewal of a promoter's license	27275
for public boxing matches or exhibitions, ~~fifty~~one hundred	27276
dollars.	27277

(B) For an application for or renewal of a license to	27278
participate in a public boxing match or exhibition as a	27279
contestant, or as a referee, judge, matchmaker, manager,	27280
timekeeper, trainer, or second of a contestant, ~~ten~~twenty	27281
dollars.	27282

(C) For a permit to conduct a public boxing match or	27283
exhibition, ~~ten~~fifty dollars.	27284

(D) For an application for or renewal of a promoter's license	27285
for professional wrestling matches or exhibitions, ~~one~~two hundred	27286
dollars.	27287

(E) For a permit to conduct a professional wrestling match or	27288
exhibition, ~~fifty~~one hundred dollars.	27289

The commission, subject to the approval of the controlling	27290
board, may establish fees in excess of the amounts provided in	27291
this section, provided that such fees do not exceed the amounts	27292
permitted by this section by more than ~~twenty-five~~fifty per cent.	27293

The fees prescribed by this section shall be paid to the	27294
treasurer of state, who shall deposit the fees in the occupational	27295
licensing and regulatory fund.	27296

Sec. 3781.19. There is hereby established in the department	27297
of commerce a board of building appeals consisting of five members	27298
who shall be appointed by the governor with the advice and consent	27299
of the senate. Terms of office shall be for four years, commencing	27300
on the fourteenth day of October and ending on the thirteenth day	27301
of October. Each member shall hold office from the date of ~~his~~	27302
appointment until the end of the term for which hethe member was	27303
appointed. Any member appointed to fill a vacancy occurring prior	27304
to the expiration of the term for which ~~his~~the member's	27305
predecessor was appointed shall hold office for the remainder of	27306
such term. Any member shall continue in office subsequent to the	27307
expiration date of ~~his~~the member's term until ~~his~~a successor	27308
takes office, or until a period of sixty days has elapsed,	27309
whichever occurs first. One member shall be an attorney-at-law,	27310
admitted to the bar of this state and of the remaining members,	27311
one shall be a registered architect and one shall be a	27312
professional engineer, each of whom shall be duly licensed to	27313
practice their respective professions in this state, one shall be	27314
a fire prevention officer qualified under section 3737.66 of the	27315
Revised Code, and one shall be a person with recognized ability in	27316
the plumbing or pipefitting profession. No member of the board of	27317
building standards shall be a member of the board of building	27318
appeals. Each member shall be paid an amount fixed pursuant to	27319
Chapter 124. of the Revised Code per diem. The department shall	27320
provide and assign to the board such employees as are required by	27321
the board to perform its functions. The board may adopt its own	27322
rules of procedure not inconsistent with sections 3781.06 to	27323
3781.18 and 3791.04 of the Revised Code, and may change them in	27324
its discretion. The board may establish reasonable fees, based on	27325
actual costs for administration of filing and processing, not to	27326
exceed ~~one~~two hundred dollars, for the costs of filing and	27327
processing appeals. A full and complete record of all proceedings	27328
of the board shall be kept and be open to public inspection.	27329

In the enforcement by any department of the state or any	27330
political subdivision of this chapter and Chapter 3791., and	27331
sections 3737.41, 3737.42, 4104.02, 4104.06, 4104.44, 4104.45,	27332
4105.011, and 4105.11 of the Revised Code and any rule made	27333
thereunder, such department is the agency referred to in sections	27334
119.07, 119.08, and 119.10 of the Revised Code.	27335

The appropriate municipal or county board of appeals, where	27336
one exists, certified pursuant to section 3781.20 of the Revised	27337
Code shall conduct the adjudication hearing referred to in	27338
sections 119.09 to 119.13 and required by section 3781.031 of the	27339
Revised Code. If there is no certified municipal or county board	27340
of appeals, the board of building appeals shall conduct the	27341
adjudication hearing. If the adjudication hearing concerns section	27342
3781.111 of the Revised Code or any rule made thereunder,	27343
reasonable notice of the time, date, place, and subject of the	27344
hearing shall be given to any local corporation, association, or	27345
other organization composed of or representing handicapped	27346
persons, as defined in section 3781.111 of the Revised Code, or if	27347
there is no local organization, then to any statewide corporation,	27348
association, or other organization composed of or representing	27349
handicapped persons.	27350

In addition to the provisions of Chapter 119. of the Revised	27351
Code, the municipal, county, or state board of building appeals,	27352
as the agency conducting the adjudication hearing, may reverse or	27353
modify the order of the enforcing agency if it finds that the	27354
order is contrary to this chapter and Chapters 3791. and 4104.,	27355
and sections 3737.41, 3737.42, 4105.011 and 4105.11 of the Revised	27356
Code and any rule made thereunder or to a fair interpretation or	27357
application of such laws or any rule made thereunder, or that a	27358
variance from the provisions of such laws or any rule made	27359
thereunder, in the specific case, will not be contrary to the	27360
public interest where a literal enforcement of such provisions	27361
will result in unnecessary hardship.	27362

The state board of building appeals or a certified municipal	27363
or county board of appeals shall render its decision within thirty	27364
days after the date of the adjudication hearing. Following the	27365
adjudication hearing, any municipal or county officer, official	27366
municipal or county board, or person who was a party to the	27367
hearing before the municipal or county board of appeals may apply	27368
to the state board of appeals for a de novo hearing before the	27369
state board, or may appeal directly to the court of common pleas	27370
pursuant to section 3781.031 of the Revised Code.	27371

In addition, any local corporation, association, or other	27372
organization composed of or representing handicapped persons as	27373
defined in section 3781.111 of the Revised Code, or, if no local	27374
corporation, association, or organization exists, then any	27375
statewide corporation, association, or other organization composed	27376
of or representing handicapped persons may apply for the de novo	27377
hearing or appeal to the court of common pleas from any decision	27378
of a certified municipal or county board of appeals interpreting,	27379
applying, or granting a variance from section 3781.111 of the	27380
Revised Code and any rule made thereunder. Application for a de	27381
novo hearing before the state board shall be made no later than	27382
thirty days after the municipal or county board renders its	27383
decision.	27384

The state board of building appeals or the appropriate	27385
certified local board of building appeals shall grant variances	27386
and exemptions from the requirements of section 3781.108 of the	27387
Revised Code in accordance with rules adopted by the board of	27388
building standards pursuant to division (J) of section 3781.10 of	27389
the Revised Code.	27390

The state board of building appeals or the appropriate	27391
certified local board of building appeals shall, in granting a	27392
variance or exemption from section 3781.108 of the Revised Code,	27393
in addition to any other considerations the state or the	27394
appropriate local board determines appropriate, consider the	27395
architectural and historical significance of the building.	27396

Sec. 3793.09. (A) There is hereby created the council on	27397
alcohol and drug addiction services which shall consist of the	27398
public officials specified in division (B) of this section, or	27399
their designees, and thirteen members appointed by the governor	27400
with the advice and consent of the senate. The members appointed	27401
by the governor shall be representatives of the following: boards	27402
of alcohol, drug addiction, and mental health services; the	27403
criminal and juvenile justice systems; and alcohol and drug	27404
addiction programs. At least four of the appointed members shall	27405
be persons who have received or are receiving alcohol or drug	27406
addiction services or are parents or other relatives of such	27407
persons; of these at least two shall be women and at least one	27408
shall be a member of a minority group.	27409

The governor shall make initial appointments to the council	27410
not later than thirty days after October 10, 1989. Of the initial	27411
appointments, six shall be for terms ending July 31, 1991, and	27412
seven shall be for terms ending July 31, 1992. Thereafter, terms	27413
of office shall be two years, with each term ending on the same	27414
day of the same month as the term it succeeds. Each member shall	27415
hold office from the date of the member's appointment until the	27416
end of the term for which the member was appointed. Members may be	27417
reappointed. Vacancies shall be filled in the same manner as	27418
original appointments. Any member appointed to fill a vacancy	27419
occurring prior to the expiration of the term for which the	27420
member's predecessor was appointed shall hold office as a member	27421
for the remainder of the term. A member shall continue in office	27422
subsequent to the expiration of the member's term until the	27423
member's successor takes office or until a period of sixty days	27424
has elapsed, whichever occurs first.	27425

(B) The directors of health, public safety, mental health,	27426
rehabilitation and correction, and youth services; the	27427
superintendents of public instruction and liquor control; the	27428
attorney general; the adjutant general; and the ~~director~~	27429
superintendent of the ~~office~~bureau of criminal justice services	27430
shall be voting members of the council, except that any of these	27431
officials may designate an individual to serve in the official's	27432
place as a voting member of the council. The director of alcohol	27433
and drug addiction services shall serve as a nonvoting member of	27434
the council.	27435

(C) The governor shall annually appoint a ~~chairman~~	27436
chairperson from among the members of the council. The council	27437
shall meet quarterly and at other times the ~~chairman~~chairperson	27438
considers necessary. In addition to other duties specified in this	27439
chapter, the council shall review the development of the	27440
comprehensive statewide plan for alcohol and drug addiction	27441
services, revisions of the plan, and other actions taken to	27442
implement the purposes of this chapter by the department of	27443
alcohol and drug addiction services and shall act as an advisory	27444
council to the director of alcohol and drug addiction services.	27445

(D) Members of the council shall serve without compensation,	27446
but shall be paid actual and necessary expenses incurred in the	27447
performance of their duties.	27448

Sec. 4104.01. As used in sections 4104.01 to 4104.20 and	27449
section 4104.99 of the Revised Code:	27450

(A) "Board of building standards" or "board" means the board	27451
established by section 3781.07 of the Revised Code.	27452

(B) "Superintendent" means the superintendent of the division	27453
of industrial compliance created by section 121.04 of the Revised	27454
Code.	27455

(C) "Boiler" means a closed vessel in which water is heated,	27456
steam is generated, steam is superheated, or any combination	27457
thereof, under pressure or vacuum for use externally to itself by	27458
the direct application of heat from the combustion of fuels, or	27459
from electricity or nuclear energy. "Boiler" includes fired units	27460
for heating or vaporizing liquids other than water where these	27461
units are separate from processing systems and are complete within	27462
themselves.	27463

(D) "Power boiler" means a boiler in which steam or other	27464
vapor (to be used externally to itself) is generated at a pressure	27465
of more than fifteen psig.	27466

(E) "High pressure, high temperature water boiler" means a	27467
water heating boiler operating at pressures exceeding one hundred	27468
sixty psig or temperatures exceeding two hundred fifty degrees	27469
Fahrenheit.	27470

(F) "Low pressure boiler" means a steam boiler operating at	27471
pressures not exceeding fifteen psig, or a hot water heating	27472
boiler operating at pressures not exceeding one hundred sixty psig	27473
or temperatures not exceeding two hundred fifty degrees	27474
Fahrenheit.	27475

(G) "~~Unfired pressure~~Pressure vessel" means a container for	27476
the containment of pressure, either internal or external. This	27477
pressure may be obtained from an external source or by the	27478
application of heat from a direct or indirect source or any	27479
combination thereof.	27480

(H) "Process boiler" means a boiler to which all of the	27481
following apply:	27482

(1) The steam in the boiler is either generated or	27483
superheated, or both, under pressure or vacuum for use external to	27484
itself.	27485

(2) The source of heat for the boiler is in part or in whole	27486
from a process other than the boiler itself.	27487

(3) The boiler is part of a continuous processing unit, such	27488
as used in chemical manufacture or petroleum refining, other than	27489
a steam-generated process unit.	27490

(I) "Stationary steam engine" means an engine or turbine in	27491
which the mechanical force arising from the elasticity and	27492
expansion action of steam or from its property of rapid	27493
condensation or from a combination of the two is made available as	27494
a motive power.	27495

Sec. 4104.02. The board of building standards shall:

27496

(A) Formulate rules for the construction, installation,	27497
~~inspection,~~ repair, conservation of energy, and operation of	27498
boilers and the construction~~, inspection,~~ and repair of ~~unfired~~	27499
pressure vessels and for ascertaining the safe working pressures	27500
to be carried on such boilers and ~~unfired~~ pressure vessels and the	27501
qualification of inspectors of boilers and ~~unfired~~ pressure	27502
vessels;	27503

(B) Prescribe tests, if it is considered necessary, to	27504
ascertain the qualities of materials used in the construction of	27505
boilers and ~~unfired~~ pressure vessels;	27506

(C) Adopt rules regulating the construction and sizes of	27507
safety valves for boilers and ~~unfired~~ pressure vessels of	27508
different sizes and pressures, for the construction, use, and	27509
location of fusible plugs, appliances for indicating the pressure	27510
of steam and level of water in the boiler or ~~unfired~~ pressure	27511
vessels, and such other appliances as the board considers	27512
necessary to safety in operating boilers;	27513

(D) Establish reasonable fees for the performance of reviews,	27514
surveys, or audits of manufacturer's facilities by the division of	27515
industrial compliance for certification by the American society of	27516
mechanical engineers and the national board of boiler and pressure	27517
vessel inspectors;	27518

(E) The definitions and rules adopted by the board for the	27519
construction, installation, ~~inspection,~~ repair, conservation of	27520
energy, and operation of boilers and the construction~~, inspection,~~	27521
and repair of ~~unfired~~ pressure vessels and for ascertaining the	27522
safe working pressures to be used on such boilers and ~~unfired~~	27523
pressure vessels shall be based upon and follow generally accepted	27524
engineering standards, formulae, and practices established and	27525
pertaining to boilers and ~~unfired~~ pressure vessel construction,	27526
operation, and safety, and the board may, for this purpose, adopt	27527
existing published standards as well as amendments thereto	27528
subsequently published by the same authority.	27529

When a person desires to manufacture a special type of boiler	27530
or ~~unfired~~ pressure vessel, the design of which is not covered by	27531
the rules of the board, the person shall submit drawings and	27532
specifications of such boiler or ~~unfired~~ pressure vessel to the	27533
board for investigation, after which the board may permit its	27534
installation.	27535

The provisions of sections 119.03 and 119.11 of the Revised	27536
Code in particular, and the applicable provisions of Chapter 119.	27537
of the Revised Code in general, shall govern the proceedings of	27538
the board of building standards in adopting, amending, or	27539
rescinding rules pursuant to this section.	27540

Sec. 4104.04. (A) Sections 4104.01 to 4104.20 and section	27541
4104.99 of the Revised Code do not apply to the following boilers	27542
and ~~unfired~~ pressure vessels:	27543

(1) Boilers, ~~unfired~~ pressure vessels, and stationary steam	27544
engines under federal control or subject to inspection under	27545
federal laws;	27546

(2) Air tanks located on vehicles operating under the rules	27547
of other state authorities and used for carrying passengers, or	27548
freight;	27549

(3) Air tanks installed on the right of way of railroads and	27550
used directly in the operation of trains;	27551

(4) ~~Unfired pressure~~Pressure vessels ~~which~~that are under	27552
the regulation and control of the state fire marshal under Chapter	27553
3737. of the Revised Code.	27554

(B) The following boilers and ~~unfired~~ pressure vessels are	27555
exempt from the requirements of sections 4104.10, 4104.101,	27556
4104.11, 4104.12, and 4104.13 of the Revised Code, but shall be	27557
equipped with such appliances, to insure safety of operation, as	27558
are prescribed by the board:	27559

(1) Portable boilers or ~~unfired~~ pressure vessels when located	27560
on farms and used solely for agricultural purposes;	27561

(2) Steam or vapor boilers carrying a pressure of not more	27562
than fifteen psig, which are located in private residences or in	27563
apartment houses of less than six family units;	27564

(3) Hot water boilers operated at pressures not exceeding one	27565
hundred sixty psig, or temperatures not exceeding two hundred	27566
fifty degrees fahrenheit, which are located in private residences	27567
or in apartment houses of less than six family units;	27568

(4) ~~Unfired pressure~~Pressure vessels containing only water	27569
under pressure for domestic supply purposes, including those	27570
containing air, the compression of which serves only as a cushion	27571
or airlift pumping system, when located in private residences or	27572
in apartment houses of less than six family units;	27573

(5) Portable boilers used in pumping, heating, steaming, and	27574
drilling, in the open field, for water, gas, and oil;	27575

(6) Portable boilers used in the construction of and repair	27576
to public roads, railroads, and bridges;	27577

(7) Historical steam boilers of riveted construction,	27578
preserved, restored, or maintained for hobby or demonstration use.	27579

Sec. 4104.06. (A) The inspection of boilers and their	27580
appurtenances and ~~unfired~~ pressure vessels shall be made by the	27581
inspectors mentioned in sections 4104.07 to 4104.20 of the Revised	27582
Code. The superintendent of industrial compliance shall administer	27583
and enforce such sections and rules adopted by the board of	27584
building standards pursuant to section 4104.02 of the Revised	27585
Code.	27586

(B) The superintendent shall adopt, amend, and repeal rules	27587
exclusively for the issuance, renewal, suspension, and revocation	27588
of certificates of competency and certificates of operation, for	27589
conducting hearings in accordance with Chapter 119. of the Revised	27590
Code related to these actions, and for the inspection of boilers	27591
and their appurtenances, and ~~unfired~~ pressure vessels.	27592

(C) Notwithstanding division (B) of this section, the	27593
superintendent shall not adopt rules relating to construction,	27594
maintenance, or repair of boilers and their appurtenances, or	27595
repair of ~~unfired~~ pressure vessels.	27596

(D) The superintendent and each general inspector may enter	27597
any premises and any building or room at all reasonable hours to	27598
perform an examination or inspection.	27599

Sec. 4104.07. (A) An application for examination as an	27600
inspector of boilers and ~~unfired~~ pressure vessels shall be in	27601
writing, accompanied by a fee of fifty dollars, upon a blank to be	27602
furnished by the superintendent of industrial compliance. Any	27603
moneys collected under this section shall be paid into the state	27604
treasury to the credit of the industrial compliance operating fund	27605
created in section 121.084 of the Revised Code.	27606

(B) The superintendent shall determine if an applicant meets	27607
all the requirements for examination in accordance with rules	27608
adopted by the board of building standards under section 4104.02	27609
of the Revised Code. An application shall be rejected which	27610
contains any willful falsification, or untruthful statements.	27611

(C) An applicant shall be examined by the superintendent, by	27612
a written examination, prescribed by the board, dealing with the	27613
construction, installation, operation, maintenance, and repair of	27614
boilers and ~~unfired~~ pressure vessels and their appurtenances, and	27615
the applicant shall be accepted or rejected on the merits of the	27616
applicant's application and examination.	27617

(D) Upon a favorable report by the superintendent of the	27618
result of an examination, the superintendent shall immediately	27619
issue to the successful applicant a certificate of competency to	27620
that effect.	27621

Sec. 4104.08. (A) The director of commerce may appoint from	27622
the holders of certificates of competency provided for in section	27623
4104.07 of the Revised Code, general inspectors of boilers and	27624
~~unfired~~ pressure vessels.	27625

(B) Any company authorized to insure boilers and ~~unfired~~	27626
pressure vessels against explosion in this state may designate	27627
from holders of certificates of competency issued by the	27628
superintendent of industrial compliance, or holders of	27629
certificates of competency or commissions issued by other states	27630
or nations whose examinations for certificates or commissions have	27631
been approved by the board of building standards, persons to	27632
inspect and stamp boilers and ~~unfired~~ pressure vessels covered by	27633
the company's policies, and the superintendent shall issue to such	27634
persons commissions authorizing them to act as special inspectors.	27635
Special inspectors shall be compensated by the company designating	27636
them.	27637

(C) The director of commerce shall establish an annual fee to	27638
be charged by the superintendent for each certificate of	27639
competency or commission the superintendent issues.	27640

(D) The superintendent shall issue to each general or special	27641
inspector a commission to the effect that the holder thereof is	27642
authorized to inspect boilers and ~~unfired~~ pressure vessels in this	27643
state.	27644

(E) No person shall be authorized to act as a general	27645
inspector or a special inspector who is directly or indirectly	27646
interested in the manufacture or sale of boilers or ~~unfired~~	27647
pressure vessels.	27648

Sec. 4104.15. (A) All certificates of inspection for	27649
boilers, issued prior to October 15, 1965, are valid and effective	27650
for the period set forth in such certificates unless sooner	27651
withdrawn by the superintendent of industrial compliance. The	27652
owner or user of any such boiler shall obtain an appropriate	27653
certificate of operation for such boiler, and shall not operate	27654
such boiler, or permit it to be operated unless a certificate of	27655
operation has been obtained in accordance with section 4104.17 of	27656
the Revised Code.	27657

(B) If, upon making the internal and external inspection	27658
required under sections 4104.11, 4104.12, and 4104.13 of the	27659
Revised Code, the inspector finds the boiler to be in safe working	27660
order, with the fittings necessary to safety, and properly set up,	27661
upon the inspector's report to the superintendent, the	27662
superintendent shall issue to the owner or user thereof, or renew,	27663
upon application and upon compliance with sections 4104.17 and	27664
4104.18 of the Revised Code, a certificate of operation which	27665
shall state the maximum pressure at which the boiler may be	27666
operated, as ascertained by the rules of the board of building	27667
standards. Such certificates shall also state the name of the	27668
owner or user, the location, size, and number of each boiler, and	27669
the date of issuance, and shall be so placed as to be easily read	27670
in the engine room or boiler room of the plant where the boiler is	27671
located, except that the certificate of operation for a portable	27672
boiler shall be kept on the premises and shall be accessible at	27673
all times.	27674

(C) If an inspector at any inspection finds that the boiler	27675
or ~~unfired~~ pressure vessel is not in safe working condition, or is	27676
not provided with the fittings necessary to safety, or if the	27677
fittings are improperly arranged, the inspector shall immediately	27678
notify the owner or user and person in charge of the boiler and	27679
shall report the same to the superintendent who may revoke,	27680
suspend, or deny the certificate of operation and not renew the	27681
same until the boiler or ~~unfired~~ pressure vessel and its fittings	27682
are put in condition to insure safety of operation, and the owner	27683
or user shall not operate the boiler or ~~unfired~~ pressure vessel,	27684
or permit it to be operated until such certificate has been	27685
granted or restored.	27686

(D) If the superintendent or a general boiler inspector finds	27687
that ~~an unfired~~a pressure vessel or boiler or a part thereof	27688
poses an explosion hazard that reasonably can be regarded as	27689
posing an imminent danger of death or serious physical harm to	27690
persons, the superintendent or the general boiler inspector shall	27691
seal the ~~unfired~~ pressure vessel or boiler and order, in writing,	27692
the operator or owner of the ~~unfired~~ pressure vessel or boiler to	27693
immediately cease the ~~unfired~~ pressure vessel's or boiler's	27694
operation. The order shall be effective until the nonconformities	27695
are eliminated, corrected, or otherwise remedied, or for a period	27696
of seventy-two hours from the time of issuance, whichever occurs	27697
first. During the seventy-two-hour period, the superintendent may	27698
request that the prosecuting attorney or city attorney of Franklin	27699
county or of the county in which the ~~unfired~~ pressure vessel or	27700
boiler is located obtain an injunction restraining the operator or	27701
owner of the ~~unfired~~ pressure vessel or boiler from continuing its	27702
operation after the seventy-two-hour period expires until the	27703
nonconformities are eliminated, corrected, or otherwise remedied.	27704

(E) Each boiler which has been inspected shall be assigned a	27705
number by the superintendent, which number shall be stamped on a	27706
nonferrous metal tag affixed to the boiler or its fittings by seal	27707
or otherwise. No person except an inspector shall deface or remove	27708
any such number or tag.	27709

(F) If the owner or user of any ~~unfired~~ pressure vessel or	27710
boiler disagrees with the inspector as to the necessity for	27711
shutting down ~~an unfired~~a pressure vessel or boiler or for making	27712
repairs or alterations in it, or taking any other measures for	27713
safety that are requested by an inspector, the owner or user may	27714
appeal from the decision of the inspector to the superintendent,	27715
who may, after such other inspection by a general inspector or	27716
special inspector as the superintendent deems necessary, decide	27717
the issue.	27718

(G) Neither sections 4104.01 to 4104.20 of the Revised Code,	27719
nor an inspection or report by any inspector, shall relieve the	27720
owner or user of ~~an unfired~~a pressure vessel or boiler of the	27721
duty of using due care in the inspection, operation, and repair of	27722
the ~~unfired~~ pressure vessel or boiler or of any liability for	27723
damages for failure to inspect, repair, or operate the ~~unfired~~	27724
pressure vessel or boiler safely.	27725

Sec. 4104.18. (A) The owner or user of a boiler required	27726
under section 4104.12 of the Revised Code to be inspected upon	27727
installation, and the owner or user of a boiler for which a	27728
certificate of inspection has been issued which is replaced with	27729
an appropriate certificate of operation, shall pay to the	27730
superintendent of industrial compliance a fee in the amount of	27731
~~thirty~~forty-five dollars for boilers subject to annual	27732
inspections under section 4104.11 of the Revised Code, ~~sixty~~	27733
ninety dollars for boilers subject to biennial inspection under	27734
section 4104.13 of the Revised Code, ~~ninety~~one hundred	27735
thirty-five dollars for boilers subject to triennial inspection	27736
under section 4104.11 of the Revised Code, or ~~one~~two hundred	27737
~~fifty~~twenty-five dollars for boilers subject to quinquennial	27738
inspection under section 4104.13 of the Revised Code.	27739

A renewal fee in the amount of ~~thirty~~forty-five dollars	27740
shall be paid to the treasurer of state before the renewal of any	27741
certificate of operation.	27742

(B) The fee for complete inspection during construction by a	27743
general inspector on boilers and ~~unfired~~ pressure vessels	27744
manufactured within the state shall be thirty-five dollars per	27745
hour. Boiler and ~~unfired~~ pressure vessel manufacturers other than	27746
those located in the state may secure inspection by a general	27747
inspector on work during construction, upon application to the	27748
superintendent, and upon payment of a fee of thirty-five dollars	27749
per hour, plus the necessary traveling and hotel expenses incurred	27750
by the inspector.	27751

(C) The application fee for applicants for steam engineer,	27752
high pressure boiler operator, or low pressure boiler operator	27753
licenses is fifty dollars. The fee for each original or renewal	27754
steam engineer, high pressure boiler operator, or low pressure	27755
boiler operator license is thirty-five dollars.	27756

(D) The director of commerce, subject to the approval of the	27757
controlling board, may establish fees in excess of the fees	27758
provided in divisions (A), (B), and (C) of this section~~, provided~~	27759
~~that such fees do not exceed the amounts established in this~~	27760
~~section by more than fifty per cent~~. Any moneys collected under	27761
this section shall be paid into the state treasury to the credit	27762
of the industrial compliance operating fund created in section	27763
121.084 of the Revised Code.	27764

(E) Any person who fails to pay an invoiced renewal fee or an	27765
invoiced inspection fee required for any inspection conducted by	27766
the division of industrial compliance pursuant to this chapter	27767
within forty-five days of the invoice date shall pay a late	27768
payment fee equal to twenty-five per cent of the invoiced fee.	27769

(F) In addition to the fees assessed in divisions (A) and (B)	27770
of this section, the board of building standards shall assess the	27771
owner or user a fee of three dollars and twenty-five cents for	27772
each certificate of operation or renewal thereof issued under	27773
division (A) of this section and for each inspection conducted	27774
under division (B) of this section. The board shall adopt rules,	27775
in accordance with Chapter 119. of the Revised Code, specifying	27776
the manner by which the superintendent shall collect and remit to	27777
the board the fees assessed under this division and requiring that	27778
remittance of the fees be made at least quarterly.	27779

Sec. 4104.19. (A) Any person seeking a license to operate as	27780
a steam engineer, high pressure boiler operator, or low pressure	27781
boiler operator shall file a written application with the	27782
superintendent of industrial compliance on a form prescribed by	27783
the superintendent with the appropriate application fee as set	27784
forth in section 4104.18 of the Revised Code. The application	27785
shall contain information satisfactory to the superintendent to	27786
demonstrate that the applicant meets the requirements of division	27787
(B) of this section. The application shall be filed with the	27788
superintendent not more than sixty days and not less than thirty	27789
days before the license examination is offered.	27790

(B) To qualify to take the examination required to obtain a	27791
steam engineer, high pressure boiler operator, or low pressure	27792
boiler operator license, a person shall meet both of the following	27793
requirements:	27794

(1) Be at least eighteen years of age;

27795

(2) Have one year of experience in the operation of steam	27796
engines, high pressure boilers, or low pressure boilers as	27797
applicable to the type of license being sought, or a combination	27798
of experience and education for the type of license sought as	27799
determined to be acceptable by the superintendent.	27800

(C) No applicant shall qualify to take an examination or to	27801
renew a license if the applicant has violated this chapter or if	27802
the applicant has obtained or renewed a license issued under this	27803
chapter by fraud, misrepresentation, or deception.	27804

(D) The superintendent shall issue a license to each	27805
applicant who receives a passing score on the examination, as	27806
determined by the superintendent, for the license for which the	27807
applicant applied.	27808

(E) The superintendent ~~shall~~may select and contract with one	27809
or more persons to do all of the following relative to the	27810
examinations for a license to operate as a steam engineer, high	27811
pressure boiler operator, or low pressure boiler operator:	27812

(1) Prepare, administer, score, and maintain the	27813
confidentiality of the examination;	27814

(2) Maintain responsibility for all expenses required to	27815
fulfill division (E)(1) of this section;	27816

(3) Charge each applicant a fee for administering the	27817
examination, in an amount authorized by the superintendent;	27818

(4) Design the examination for each type of license to	27819
determine an applicant's competence to operate the equipment for	27820
which the applicant is seeking licensure.	27821

(F) Each license issued under this chapter expires one year	27822
after the date of issue. Each person holding a valid, unexpired	27823
license may renew the license, without reexamination, by applying	27824
to the superintendent not more than ninety days before the	27825
expiration of the license, and submitting with the application the	27826
renewal fee established in section 4104.18 of the Revised Code.	27827
Upon receipt of the renewal information and fee, the	27828
superintendent shall issue the licensee a certificate of renewal.	27829

(G) The superintendent, in accordance with Chapter 119. of	27830
the Revised Code, may suspend or revoke any license, or may refuse	27831
to issue a license under this chapter upon finding that a licensee	27832
or an applicant for a license has violated or is violating the	27833
requirements of this chapter.	27834

Sec. 4104.20. No owner or operator of any boiler shall	27835
operate the same in violation of sections 4104.11 to 4104.16,	27836
inclusive, and 4104.18 of the Revised Code, or of any rule or	27837
regulation adopted by the board of building standards, pursuant to	27838
section 4104.02 of the Revised Code, or without having a boiler	27839
inspected and a certificate of operation issued therefor as	27840
provided in such sections or hinder or prevent a general or	27841
special inspector of boilers from entering any premises in or on	27842
which a boiler is situated for the purpose of inspection. No owner	27843
or operator of any ~~unfired~~ pressure vessel shall operate the same	27844
in violation of section 4104.10 of the Revised Code, or of any	27845
rule or regulation adopted by the board of building standards,	27846
pursuant to section 4104.02 of the Revised Code.	27847

Sec. 4104.41. ~~(A)~~ As used in sections 4104.41 to ~~4104.45~~	27848
4104.48 of the Revised Code:	27849

~~(1)~~(A) "Liquefied petroleum gas" means any material which is	27850
composed predominantly of any of the following hydrocarbons, or	27851
mixtures of the same: propane, propylene, normal butane, or	27852
isobutane or butylenes.	27853

~~(2)~~(B) "Other gaseous piping systems" excludes natural gas	27854
piping gas systems.	27855

~~(B) The director of commerce shall appoint general inspectors~~	27856
~~of power, refrigerating, hydraulic, heating, and liquefied~~	27857
~~petroleum gas piping systems. Such inspectors shall be appointed~~	27858
~~from holders of certificates of competency provided for in section~~	27859
~~4104.42 of the Revised Code.~~	27860

~~Salaries shall be appropriated in the same manner as the~~	27861
~~salaries of other employees of state departments, and expenses of~~	27862
~~such general inspectors shall be provided for in the same manner~~	27863
~~as the expenses of other employees of state departments.~~	27864

Sec. 4104.42. (A) Each manufacturer, contractor, owner, or	27865
user of power, refrigerating, hydraulic, heating and liquefied	27866
petroleum gas, oxygen, or other gaseous piping systems shall	27867
conduct tests required under rules adopted by the board of	27868
building standards under division (A)(1) of section 4104.44 of the	27869
Revised Code and certify in writing on forms provided under	27870
section 4104.43 of the Revised Code by the superintendent of	27871
industrial compliance in the department of commerce that the	27872
welding and brazing procedures used in the construction of those	27873
power, refrigerating, hydraulic, heating and liquefied petroleum	27874
gas, oxygen, or other gaseous piping systems meet the standards	27875
established by the board under division (A)(1) of section 4104.44	27876
of the Revised Code.	27877

(B) Each manufacturer, contractor, owner, or user of power,	27878
refrigerating, hydraulic, heating and liquefied petroleum gas,	27879
oxygen, or other gaseous piping systems who causes welding or	27880
brazing to be performed in the construction of power,	27881
refrigerating, hydraulic, heating and liquefied petroleum gas,	27882
oxygen, or other gaseous piping systems shall maintain at least	27883
one copy of the forms described in division (A) of this section	27884
and make that copy accessible to any individual certified by the	27885
board of building standards pursuant to division (E) of section	27886
3781.10 of the Revised Code.	27887

(C) An individual certified by the board of building	27888
standards pursuant to division (E) of section 3781.10 of the	27889
Revised Code shall examine the forms described in division (A) of	27890
this section to determine compliance with the rules adopted by the	27891
board of building standards under division (A)(1) of section	27892
4104.44 of the Revised Code.	27893

(D) An individual certified by the board of building	27894
standards pursuant to division (E) of section 3781.10 of the	27895
Revised Code with reason to question the certification or ability	27896
of any welder or brazer shall report the concerns to the	27897
superintendent of the division of industrial compliance in the	27898
department of commerce. The superintendent shall investigate those	27899
concerns. If the superintendent finds facts that substantiate the	27900
concerns of the individual certified by the board of building	27901
standards pursuant to division (E) of section 3781.10 of the	27902
Revised Code, the superintendent may require the welder or brazer	27903
in question to become recertified by a private vendor in the same	27904
manner by which five-year recertification is required under	27905
section 4104.46 of the Revised Code. The superintendent also may	27906
utilize the services of an independent testing laboratory to	27907
witness the welding or brazing performed on the project in	27908
question and to conduct tests on coupons to determine whether the	27909
coupons meet the requirements of the rules adopted by the board of	27910
building standards under division (A)(1) of section 4104.44 of the	27911
Revised Code.	27912

Sec. 4104.43. (A) Each manufacturer, contractor, owner, or	27913
user of power, refrigerating, hydraulic, heating and liquefied	27914
petroleum gas, oxygen, or other gaseous piping systems who causes	27915
welding or brazing to be performed in the construction of a power,	27916
refrigerating, hydraulic, heating and liquefied petroleum gas,	27917
oxygen, or other gaseous piping system shall file with the	27918
superintendent of the division of industrial compliance two	27919
complete copies of forms provided by the superintendent that	27920
identify the welding and brazing procedure specifications and	27921
welder and brazer performance qualifications performed in the	27922
construction of that power, refrigerating, hydraulic, heating and	27923
liquefied petroleum gas, oxygen, or other gaseous piping system.	27924

(B)(1) Upon receipt of the forms filed under division (A) of	27925
this section, the superintendent shall review the welding and	27926
brazing procedure specifications and welder and brazer performance	27927
qualifications as indicated on the forms to determine compliance	27928
with rules adopted by the board of building standards under	27929
division (A)(1) of section 4104.44 of the Revised Code.	27930

(2) If the superintendent finds that the welding and brazing	27931
procedure specifications and welder and brazer performance	27932
qualifications comply with the requirements of the rules adopted	27933
by the board of building standards under division (A)(1) of	27934
section 4104.44 of the Revised Code, the superintendent shall	27935
approve the welding and brazing procedure specifications and	27936
welder and brazer performance qualifications as indicated on the	27937
forms and return one copy to the manufacturer, contractor, owner,	27938
or user of power, refrigerating, hydraulic, heating and liquefied	27939
petroleum gas, oxygen, or other gaseous piping systems who	27940
submitted the forms.	27941

(3) If the superintendent finds that the welding and brazing	27942
procedure specifications and welder and brazer performance	27943
qualifications do not comply with the requirements of the rules	27944
adopted by the board of building standards under division (A)(1)	27945
of section 4104.44 of the Revised Code, the superintendent shall	27946
indicate on the forms that the welding and brazing procedure	27947
specifications and welder and brazer performance qualifications	27948
are not approved and return one copy of the form to the	27949
manufacturer, contractor, owner, or user of power, refrigerating,	27950
hydraulic, heating and liquefied petroleum gas, oxygen, or other	27951
gaseous piping systems who submitted the forms with an explanation	27952
of why the welding and brazing procedure specifications and welder	27953
and brazer performance qualifications were not approved.	27954

Sec. 4104.44. (A) The board of building standards,	27955
established by section 3781.07 of the Revised Code, shall:	27956

(1) ~~Formulate~~Adopt rules governing the design, plan review,	27957
approval, construction, and installation of power, refrigerating,	27958
hydraulic, heating, and liquefied petroleum gas, oxygen, and other	27959
gaseous piping systems. ~~Such~~The rules shall prescribe uniform	27960
minimum standards necessary for the protection of the public	27961
health and safety and shall include rules establishing the safe	27962
working pressure to be carried by any such systems; a program for	27963
the certification of the welding and brazing procedures proposed	27964
to be used on any such system by the owner or operator of any	27965
welding or brazing business and for quinquennial performance	27966
testing of welders and brazers who work on any such system; and	27967
measures for the conservation of energy. ~~Such~~The rules shall be	27968
based upon and follow generally accepted engineering standards,	27969
formulas, and practices established and pertaining to such piping	27970
construction, installation, and testing. The board may, for this	27971
purpose, adopt existing published standards, as well as amendments	27972
thereto subsequently published by the same authority.	27973

(2) Prescribe the tests, to ascertain the qualities of	27974
materials and welding and brazing materials used in the	27975
construction of power, refrigerating, hydraulic, heating, and	27976
liquefied petroleum gas, oxygen, and other gaseous piping systems;	27977

(3) Make a standard form of certificate of inspection;

27978

(4) Prescribe ~~the examinations for applicants for~~	27979
~~certificates of competency provided for in section 4104.42 of the~~	27980
~~Revised Code and~~ performance tests to determine the proficiency of	27981
welders and brazers;	27982

(5) Certify municipal and county building departments to	27983
inspect power, refrigerating, hydraulic, heating, and liquefied	27984
petroleum gas, oxygen, and other gaseous piping systems and adopt	27985
rules governing such certification;	27986

~~(6) Establish the fee to be charged for an inspection made by~~	27987
~~a general inspector and for the filing and auditing of special~~	27988
~~inspector reports, and collect all fees established in this~~	27989
~~section~~.	27990

The fee for the quinquennial performance tests shall be	27991
fifteen dollars and the fee for certification of welding and	27992
brazing procedures mentioned in division (A) of this section shall	27993
be sixty dollars, except that the board of building standards,	27994
with the approval of the controlling board, may establish fees in	27995
excess of these fees, provided that the fees do not exceed the	27996
amounts of these fees by more than fifty per cent. The fee for	27997
each welding and brazing instruction sheet and procedure	27998
qualification record shall be fifteen dollars. Any moneys	27999
collected under this section shall be paid into the state treasury	28000
to the credit of the industrial compliance operating fund created	28001
in section 121.084 of the Revised Code.	28002

(B) ~~Piping is exempt from the requirements for submission of~~	28003
~~applications and inspections and the necessity to obtain permits,~~	28004
~~as required under this section and section 4104.45 of the Revised~~	28005
~~Code, or under rules adopted pursuant to those sections, for~~	28006
~~power, refrigerating, hydraulic, heating, and liquefied petroleum~~	28007
~~gas, oxygen, and gaseous piping systems if the piping is used:~~	28008

~~(1) In air cooling systems in residential or commercial~~	28009
~~buildings and if such systems do not exceed five tons (sixty~~	28010
~~thousand British thermal units per hour) per system; or~~	28011

~~(2) In air heating systems in residential or commercial~~	28012
~~buildings and if such systems do not exceed one hundred fifty~~	28013
~~thousand British thermal units per hour per system.~~	28014

~~(C)~~ The board of building standards may, by rule, exempt from	28015
the rules adopted pursuant to division (A)(1) of this section any	28016
~~pressure piping~~power, refrigerating, hydraulic, heating and	28017
liquefied petroleum gas, oxygen, or other gaseous piping systems	28018
~~which~~that pose no appreciable danger to the public health and	28019
safety.	28020

Sec. 4104.45. (A) Except as otherwise provided in section	28021
4104.44 of the Revised Code, new power, refrigerating, hydraulic,	28022
heating, liquefied petroleum gas, oxygen, and other gaseous piping	28023
systems shall be thoroughly inspected in accordance with the rules	28024
of the board of building standards. Such ~~inspection~~inspections	28025
shall be performed by ~~one of the following:~~	28026

~~(1) General inspectors of pressure piping systems;~~

28027

~~(2) Special inspectors provided for in section 4104.43 of the~~	28028
~~Revised Code;~~	28029

~~(3) Local inspectors provided for in section 4104.43 of the~~	28030
~~Revised Code.~~	28031

~~(B) Owners or users of pressure piping systems required to be~~	28032
~~inspected under this section shall pay to the division of~~	28033
~~industrial compliance in the department of commerce a fee of one~~	28034
~~hundred fifty dollars plus an additional fee determined as~~	28035
~~follows:~~	28036

~~(1) On or before June 30, 2000, two per cent of the actual~~	28037
~~cost of the system for each inspection made by a general~~	28038
~~inspector;~~	28039

~~(2) On July 1, 2000, and through June 30, 2001, one and~~	28040
~~eight-tenths per cent of the actual cost of the system for each~~	28041
~~inspection made by a general inspector;~~	28042

~~(3) On and after July 1, 2001, one per cent of the actual~~	28043
~~cost of the system for each inspection made by a general~~	28044
~~inspector.~~	28045

~~(C) The board of building standards, subject to the approval~~	28046
~~of the controlling board, may establish a fee in excess of the fee~~	28047
~~provided in division (B) of this section, provided that the fee~~	28048
~~does not exceed the amount established in this section by more~~	28049
~~than fifty per cent.~~	28050

~~(D) In addition to the fee assessed in division (B) of this~~	28051
~~section, the board of building standards shall assess the owner or~~	28052
~~user a fee of three dollars and twenty-five cents for each system~~	28053
~~inspected pursuant to this section. The board shall adopt rules,~~	28054
~~in accordance with Chapter 119. of the Revised Code, specifying~~	28055
~~the manner by which the superintendent of the division of~~	28056
~~industrial compliance in the department of commerce shall collect~~	28057
~~and remit to the board the fees assessed under this division and~~	28058
~~requiring that remittance of the fees be made at least quarterly.~~	28059

~~(E) Any moneys collected under this section shall be paid~~	28060
~~into the state treasury to the credit of the industrial compliance~~	28061
~~operating fund created in section 121.084 of the Revised Code.~~	28062

~~(F) Any person who fails to pay an inspection fee required~~	28063
~~for any inspection conducted by the division pursuant to this~~	28064
~~chapter within forty-five days after the inspection is conducted~~	28065
~~shall pay a late payment fee equal to twenty-five per cent of the~~	28066
~~inspection fee~~inspectors designated by the superintendent of the	28067
division of industrial compliance in the department of commerce	28068
or, within jurisdictional limits established by the board of	28069
building standards, by individuals certified by the board of	28070
building standards pursuant to division (E) of section 3781.10 of	28071
the Revised Code who are designated to do so by local building	28072
departments, as appropriate.	28073

~~(G)~~(B) The superintendent of the division of industrial	28074
compliance in the department of commerce may issue adjudication	28075
orders as necessary for the enforcement of sections 4104.41 to	28076
~~4104.46~~4104.48 of the Revised Code and rules adopted under those	28077
sections. No person shall violate or fail to comply with the terms	28078
and conditions of an adjudication order issued under this	28079
division. Adjudication orders issued pursuant to this division and	28080
appeals thereof are governed by section 3781.19 of the Revised	28081
Code.	28082

Sec. 4104.46. (A) The design, installation, and testing of	28083
nonflammable medical gas and vacuum piping systems within the	28084
scope of the national fire protection association standard,	28085
section 1-1 of "NFPA 99C, Gas and Vacuum Systems," is governed by	28086
that national fire protection association standard.	28087

(B) Installers, inspectors, verifiers, construction	28088
contracting maintenance personnel, and instructors for the design,	28089
installation, and testing of nonflammable medical gas and vacuum	28090
piping systems shall obtain certification by the American society	28091
of sanitary engineers in accordance with the American society of	28092
sanitary engineering series 6000 requirements.	28093

Sec. 4104.47. (A) No individual other than one certified by a	28094
private vendor in accordance with rules adopted by the board of	28095
building standards shall perform welding or brazing or both in the	28096
construction of power, refrigerating, hydraulic, heating and	28097
liquefied petroleum gas, oxygen, or other gaseous piping systems.	28098

(B) Each welder or brazer certified by a private vendor to	28099
perform welding or brazing or both in the construction of power,	28100
refrigerating, hydraulic, heating and liquefied petroleum gas,	28101
oxygen, or other gaseous piping systems shall be recertified by a	28102
private vendor to perform those services five years after the date	28103
of the original certification and every five years thereafter in	28104
accordance with rules adopted by the board. A private vendor shall	28105
recertify a welder or brazer who meets the requirements	28106
established by the board under division (A)(1) of section 4104.44	28107
of the Revised Code.	28108

~~Sec. 4104.46.~~ Sec. 4104.48. (A) No person shall violate sections	28109
4104.41 to ~~4104.46~~4104.48 of the Revised Code, fail to perform	28110
any duty lawfully enjoined in connection with those sections, or	28111
fail to comply with any order issued by the superintendent of the	28112
division of industrial compliance or any judgment or decree issued	28113
by any court in connection with the enforcement of sections	28114
4104.41 to ~~4104.46~~4104.48 of the Revised Code.	28115

(B) Every day during which a person violates sections 4104.41	28116
to ~~4104.46~~4104.48 of the Revised Code, fails to perform any duty	28117
lawfully enjoined in connection with those sections, or fails to	28118
comply with any order issued by the superintendent of the division	28119
of industrial compliance or any judgment or decree issued by any	28120
court in connection with the enforcement of sections 4104.41 to	28121
~~4104.46~~4104.48 of the Revised Code constitutes a separate	28122
offense.	28123

Sec. 4105.17. (A) The fee for each inspection, or attempted	28124
inspection that, due to no fault of a general inspector or the	28125
division of industrial compliance, is not successfully completed,	28126
by a general inspector before the operation of a permanent new	28127
elevator prior to the issuance of a certificate of operation,	28128
before operation of an elevator being put back into service after	28129
a repair, or as a result of the operation of section 4105.08 of	28130
the Revised Code and is an elevator required to be inspected under	28131
this chapter is twenty dollars plus ten dollars for each floor	28132
where the elevator stops. The superintendent of industrial	28133
compliance may assess an additional fee of one hundred twenty-five	28134
dollars plus five dollars for each floor where an elevator stops	28135
for the reinspection of an elevator when a previous attempt to	28136
inspect that elevator has been unsuccessful through no fault of a	28137
general inspector or the division of industrial compliance.	28138

(B) The fee for each inspection, or attempted inspection,	28139
that due to no fault of the general inspector or the division of	28140
industrial compliance, is not successfully completed by a general	28141
inspector before operation of a permanent new escalator or moving	28142
walk prior to the issuance of a certificate of operation, before	28143
operation of an escalator or moving walk being put back in service	28144
after a repair, or as a result of the operation of section 4105.08	28145
of the Revised Code is three hundred dollars. The superintendent	28146
of the division of industrial compliance may assess an additional	28147
fee of one hundred fifty dollars for the reinspection of an	28148
escalator or moving walk when a previous attempt to inspect that	28149
escalator or moving walk has been unsuccessful through no fault of	28150
the general inspector or the division of industrial compliance.	28151

(C) The fee for issuing or renewing a certificate of	28152
operation under section 4105.15 of the Revised Code for an	28153
elevator that is inspected every six months in accordance with	28154
division (A) of section 4105.10 of the Revised Code is ~~one~~two	28155
hundred ~~five~~ dollars plus ten dollars for each floor where the	28156
elevator stops, except where the elevator has been inspected by a	28157
special inspector in accordance with section 4105.07 of the	28158
Revised Code.	28159

(D) The fee for issuing or renewing a certificate of	28160
operation under section 4105.05 of the Revised Code for an	28161
elevator that is inspected every twelve months in accordance with	28162
division (A) of section 4105.10 of the Revised Code is fifty-five	28163
dollars plus ten dollars for each floor where the elevator stops,	28164
except where the elevator has been inspected by a special	28165
inspector in accordance with section 4105.07 of the Revised Code.	28166

(E) The fee for issuing or renewing a certificate of	28167
operation under section 4105.15 of the Revised Code for an	28168
escalator or moving walk is three hundred dollars, except where	28169
the escalator or moving walk has been inspected by a special	28170
inspector in accordance section 4105.07 of the Revised Code.	28171

(F) All other fees to be charged for any examination given or	28172
other service performed by the division of industrial compliance	28173
pursuant to this chapter shall be prescribed by the director of	28174
commerce. The fees shall be reasonably related to the costs of	28175
such examination or other service.	28176

(G) The director of commerce, subject to the approval of the	28177
controlling board, may establish fees in excess of the fees	28178
provided in divisions (A) ~~and~~, (B), (C), (D), and (E) of this	28179
section~~, provided that the fees do not exceed the amounts~~	28180
~~established in divisions (A) and (B) of this section by more than~~	28181
~~fifty per cent~~. Any moneys collected under this section shall be	28182
paid into the state treasury to the credit of the industrial	28183
compliance operating fund created in section 121.084 of the	28184
Revised Code.	28185

(H) Any person who fails to pay an inspection fee required	28186
for any inspection conducted by the division pursuant to this	28187
chapter within forty-five days after the inspection is conducted	28188
shall pay a late payment fee equal to twenty-five per cent of the	28189
inspection fee.	28190

(I) In addition to the fees assessed in divisions (A), (B),	28191
(C), ~~and~~ (D), and (E) of this section, the board of building	28192
standards shall assess a fee of three dollars and twenty-five	28193
cents for each certificate of operation or renewal thereof issued	28194
under ~~division~~divisions (A), (B), (C), (D), or (E) of this	28195
section and for each permit issued under section 4105.16 of the	28196
Revised Code. The board shall adopt rules, in accordance with	28197
Chapter 119. of the Revised Code, specifying the manner by which	28198
the superintendent of industrial compliance shall collect and	28199
remit to the board the fees assessed under this division and	28200
requiring that remittance of the fees be made at least quarterly.	28201

(J) For purposes of this section:

28202

(1) "Escalator" means a power driven, inclined, continuous	28203
stairway used for raising or lowering passengers.	28204

(2) "Moving walk" means a passenger carrying device on which	28205
passengers stand or walk, with a passenger carrying surface that	28206
is uninterrupted and remains parallel to its direction of motion.	28207

Sec. 4112.12. (A) There is hereby created the commission on	28208
African-American males, which shall consist of not more than	28209
forty-one members as follows: the directors or their designees of	28210
the departments of health, development, alcohol and drug addiction	28211
services, job and family services, rehabilitation and correction,	28212
mental health, and youth services; the adjutant general or the	28213
adjutant general's designee; the equal employment opportunity	28214
officer of the department of administrative services or the equal	28215
employment opportunity officer's designee; the executive director	28216
or the executive director's designee of the Ohio civil rights	28217
commission; the ~~director~~superintendent or the ~~director's~~	28218
superintendent's designee of the ~~office~~bureau of criminal justice	28219
services; the superintendent of public instruction; the chancellor	28220
or the chancellor's designee of the Ohio board of regents; two	28221
members of the house of representatives appointed by the speaker	28222
of the house of representatives; three members of the senate	28223
appointed by the president of the senate; and not more than	28224
twenty-three members appointed by the governor. The members	28225
appointed by the governor shall include an additional member of	28226
the governor's cabinet and at least one representative of each of	28227
the following: the national association for the advancement of	28228
colored people; the urban league; an organization representing	28229
black elected officials; an organization representing black	28230
attorneys; the black religious community; the black business	28231
community; the nonminority business community; and organized	28232
labor; at least one black medical doctor, one black elected member	28233
of a school board, and one black educator; and at least two	28234
representatives of local private industry councils. The remaining	28235
members that may be appointed by the governor shall be selected	28236
from elected officials, civic and community leaders, and	28237
representatives of the employment, criminal justice, education,	28238
and health communities.	28239

(B) Terms of office shall be for three years, with each term	28240
ending on the same day of the same month as did the term that it	28241
succeeds. Each member shall hold office from the date of	28242
appointment until the end of the term for which the member was	28243
appointed. Members may be reappointed. Vacancies shall be filled	28244
in the manner provided for original appointments. Any member	28245
appointed to fill a vacancy occurring prior to the expiration date	28246
of the term for which the member's predecessor was appointed shall	28247
hold office as a member for the remainder of that term. A member	28248
shall continue in office subsequent to the expiration date of the	28249
member's term until the member's successor takes office or until a	28250
period of sixty days has elapsed, whichever occurs first.	28251

The commission annually shall elect a chairperson from among	28252
its members.	28253

(C) Members of the commission and members of subcommittees	28254
appointed under division (B) of section 4112.13 of the Revised	28255
Code shall not be compensated, but shall be reimbursed for their	28256
necessary and actual expenses incurred in the performance of their	28257
official duties.	28258

(D)(1) The Ohio civil rights commission shall serve as the	28259
commission on African-American males' fiscal agent and shall	28260
perform all of the following services:	28261

(a) Prepare and process payroll and other personnel documents	28262
that the commission on African-American males approves;	28263

(b) Maintain ledgers of accounts and reports of account	28264
balances, and monitor budgets and allotment plans in consultation	28265
with the commission on African-American males;	28266

(c) Perform other routine support services that the executive	28267
director of the Ohio civil rights commission or the executive	28268
director's designee and the Commission on African-American males	28269
or its designee consider appropriate to achieve efficiency.	28270

(2) The Ohio civil rights commission shall not approve any	28271
payroll or other personnel-related documents or any biennial	28272
budget, grant, expenditure, audit, or fiscal-related document	28273
without the advice and consent of the commission on	28274
African-American males.	28275

(3) The Ohio civil rights commission shall determine fees to	28276
be charged to the commission on African-American males for	28277
services performed under this division, which shall be in	28278
proportion to the services performed for the commission on	28279
African-American males.	28280

(4) The commission on African-American males or its designee	28281
has:	28282

(a) Sole authority to draw funds for any federal program in	28283
which the commission is authorized to participate;	28284

(b) Sole authority to expend funds from accounts for programs	28285
and any other necessary expenses the commission on	28286
African-American males may incur;	28287

(c) The duty to cooperate with the Ohio civil rights	28288
commission to ensure that the Ohio civil rights commission is	28289
fully apprised of all financial transactions.	28290

(E) The commission on African-American males shall appoint an	28291
executive director, who shall be in the unclassified civil	28292
service. The executive director shall supervise the commission's	28293
activities and report to the commission on the progress of those	28294
activities. The executive director shall do all things necessary	28295
for the efficient and effective implementation of the duties of	28296
the commission.	28297

The responsibilities assigned to the executive director do	28298
not relieve the members of the commission from final	28299
responsibility for the proper performance of the requirements of	28300
this division.	28301

(F) The commission on African-American males shall:

28302

(1) Employ, promote, supervise, and remove all employees, as	28303
needed, in connection with the performance of its duties under	28304
this section;	28305

(2) Maintain its office in Columbus;

28306

(3) Acquire facilities, equipment, and supplies necessary to	28307
house the commission, its employees, and files and records under	28308
its control, and to discharge any duty imposed upon it by law. The	28309
expense of these acquisitions shall be audited and paid for in the	28310
same manner as other state expenses.	28311

(4) Prepare and submit to the office of budget and management	28312
a budget for each biennium in accordance with sections 101.55 and	28313
107.03 of the Revised Code. The budget submitted shall cover the	28314
costs of the commission and its staff in the discharge of any duty	28315
imposed upon the commission by law. The commission shall pay its	28316
own payroll and other operating expenses from appropriation items	28317
designated by the general assembly. The commission shall not	28318
delegate any authority to obligate funds.	28319

(5) Establish the overall policy and management of the	28320
commission in accordance with this chapter;	28321

(6) Follow all state procurement requirements;

28322

(7) Pay fees owed to the Ohio civil rights commission under	28323
division (D) of this section from the commission on	28324
African-American males' general revenue fund or from any other	28325
fund from which the operating expenses of the commission on	28326
African-American males are paid. Any amounts set aside for a	28327
fiscal year for the payment of such fees shall be used only for	28328
the services performed for the commission on African-American	28329
males by the Ohio civil rights commission in that fiscal year.	28330

(G) The commission on African-American males may:

28331

(1) Hold sessions at any place within the state;

28332

(2) Establish, change, or abolish positions, and assign and	28333
reassign duties and responsibilities of any employee of the	28334
commission on African-American males as necessary to achieve the	28335
most efficient performance of its functions.	28336

Sec. 4112.15. There is hereby created in the state treasury	28337
the civil rights commission general reimbursement fund, which	28338
shall be used to pay operating costs of the commission. All	28339
amounts received by the commission, and all amounts awarded by a	28340
court to the commission, for attorney's fees, court costs, expert	28341
witness fees, and other litigation expenses shall be paid into the	28342
state treasury to the credit of the fund. All ~~money paid to~~	28343
amounts received by the commission for copies of commission	28344
documents and for other goods and services furnished by the	28345
commission shall be ~~credited~~paid into the state treasury to the	28346
credit of the fund.	28347

Sec. 4115.10. (A) No person, firm, corporation, or public	28348
authority that constructs a public improvement with its own	28349
forces, the total overall project cost of which is fairly	28350
estimated to be more than the amounts set forth in division (B)(1)	28351
or (2) of section 4115.03 of the Revised Code, adjusted biennially	28352
by the director of commerce pursuant to section 4115.034 of the	28353
Revised Code, shall violate the wage provisions of sections	28354
4115.03 to 4115.16 of the Revised Code, or suffer, permit, or	28355
require any employee to work for less than the rate of wages so	28356
fixed, or violate the provisions of section 4115.07 of the Revised	28357
Code. Any employee upon any public improvement, except an employee	28358
to whom or on behalf of whom restitution is made pursuant to	28359
division (C) of section 4115.13 of the Revised Code, who is paid	28360
less than the fixed rate of wages applicable thereto may recover	28361
from such person, firm, corporation, or public authority that	28362
constructs a public improvement with its own forces the difference	28363
between the fixed rate of wages and the amount paid to the	28364
employee and in addition thereto a sum equal to twenty-five per	28365
cent of that difference. The person, firm, corporation, or public	28366
authority who fails to pay the rate of wages so fixed also shall	28367
pay a penalty to the director of seventy-five per cent of the	28368
difference between the fixed rate of wages and the amount paid to	28369
the employees on the public improvement. The director shall	28370
deposit all moneys received from penalties paid to the director	28371
pursuant to this section into the penalty enforcement fund, which	28372
is hereby created in the state treasury. The director shall use	28373
the fund for the enforcement of sections 4115.03 to 4115.16 of the	28374
Revised Code. The employee may file suit for recovery within ~~sixty~~	28375
ninety days of the director's determination of a violation of	28376
sections 4115.03 to 4115.16 of the Revised Code or is barred from	28377
further action under this division. Where the employee prevails in	28378
a suit, the employer shall pay the costs and reasonable attorney's	28379
fees allowed by the court.	28380

(B) Any employee upon any public improvement who is paid less	28381
than the prevailing rate of wages applicable thereto may file a	28382
complaint in writing with the director upon a form furnished by	28383
the director. ~~At the written request~~The complaint shall include	28384
documented evidence to demonstrate that the employee was paid less	28385
than the prevailing wage in violation of this chapter. Upon	28386
receipt of a properly completed written complaint of any employee	28387
paid less than the prevailing rate of wages applicable, the	28388
director shall take an assignment of a claim in trust for the	28389
assigning employee and bring any legal action necessary to collect	28390
the claim. The employer shall pay the costs and reasonable	28391
attorney's fees allowed by the court if the employer is found in	28392
violation of sections 4115.03 to 4115.16 of the Revised Code.	28393

(C) If after investigation pursuant to section 4115.13 of the	28394
Revised Code, the director determines there is a violation of	28395
sections 4115.03 to 4115.16 of the Revised Code and a period of	28396
sixty days has elapsed from the date of the determination, and if:	28397

(1) No employee has brought suit pursuant to division (A) of	28398
this section;	28399

(2) No employee has requested that the director take an	28400
assignment of a wage claim pursuant to division (B) of this	28401
section;	28402

The director shall bring any legal action necessary to	28403
collect any amounts owed to employees and the director. The	28404
director shall pay over to the affected employees the amounts	28405
collected to which the affected employees are entitled under	28406
division (A) of this section. In any action in which the director	28407
prevails, the employer shall pay the costs and reasonable	28408
attorney's fees allowed by the court.	28409

(D) Where persons are employed and their rate of wages has	28410
been determined as provided in section 4115.04 of the Revised	28411
Code, no person, either for self or any other person, shall	28412
request, demand, or receive, either before or after the person is	28413
engaged, that the person so engaged pay back, return, donate,	28414
contribute, or give any part or all of the person's wages, salary,	28415
or thing of value, to any person, upon the statement,	28416
representation, or understanding that failure to comply with such	28417
request or demand will prevent the procuring or retaining of	28418
employment, and no person shall, directly or indirectly, aid,	28419
request, or authorize any other person to violate this section.	28420
This division does not apply to any agent or representative of a	28421
duly constituted labor organization acting in the collection of	28422
dues or assessments of such organization.	28423

(E) The director shall enforce sections 4115.03 to 4115.16 of	28424
the Revised Code.	28425

(F) For the purpose of supplementing existing resources and	28426
to assist in enforcing division (E) of this section, the director	28427
may contract with a person registered as a public accountant under	28428
Chapter 4701. of the Revised Code to conduct an audit of a person,	28429
firm, corporation, or public authority.	28430

Sec. 4115.21. A person who files an action alleging a	28431
violation of sections 4115.03 to 4115.16 of the Revised Code shall	28432
file the action within two years after the alleged violation	28433
occurred or be barred from further action under this chapter.	28434

Sec. 4117.02. (A) There is hereby created the state	28435
employment relations board, consisting of three members to be	28436
appointed by the governor with the advice and consent of the	28437
senate. Members shall be knowledgeable about labor relations or	28438
personnel practices. No more than two of the three members shall	28439
belong to the same political party. A member of the board during	28440
the member's period of service shall hold no other public office	28441
or public or private employment and shall allow no other	28442
responsibilities to interfere or conflict with the member's duties	28443
as a full-time board member. Of the initial appointments made to	28444
the board, one shall be for a term ending October 6, 1984, one	28445
shall be for a term ending October 6, 1985, and one shall be for a	28446
term ending October 6, 1986. Thereafter, terms of office shall be	28447
for six years, each term ending on the same day of the same month	28448
of the year as did the term that it succeeds. Each member shall	28449
hold office from the date of the member's appointment until the	28450
end of the term for which the member is appointed. Any member	28451
appointed to fill a vacancy occurring prior to the expiration of	28452
the term for which the member's predecessor was appointed shall	28453
hold office for the remainder of the term. Any member shall	28454
continue in office subsequent to the expiration of the member's	28455
term until the member's successor takes office or until a period	28456
of sixty days has elapsed, whichever occurs first. The	28457

~~The governor shall designate one member to serve as~~	28458
~~chairperson of the board. The~~ governor may remove any member of	28459
the board, upon notice and public hearing, for neglect of duty or	28460
malfeasance in office, but for no other cause.	28461

(B) A(1) The governor shall designate one member of the	28462
board to serve as chairperson of the board. The chairperson is the	28463
head of the board and its chief executive officer.	28464

(2) The chairperson shall exercise all administrative powers	28465
and duties conferred upon the board under this chapter and shall	28466
do all of the following:	28467

(a) Except as provided in division (F)(2) of this section,	28468
employ, promote, supervise, and remove all employees of the board,	28469
and establish, change, or abolish positions and assign or reassign	28470
the duties of those employees as the chairperson determines	28471
necessary to achieve the most efficient performance of the board's	28472
duties under this chapter;	28473

(b) Maintain the office of the board in Columbus and manage	28474
the office's daily operations, including securing facilities,	28475
equipment, and supplies necessary to house the board, employees of	28476
the board, and files and records under the board's control;	28477

(c) Prepare and submit to the office of budget and management	28478
a budget for each biennium according to section 107.03 of the	28479
Revised Code, and include in the budget the costs of the board and	28480
its staff and the board's costs in discharging any duty imposed by	28481
law upon the board, the chairperson, or any of the board's	28482
employees or agents.	28483

(C) The vacancy on the board does not impair the right of the	28484
remaining members to exercise all the powers of the board, and two	28485
members of the board, at all times, constitute a quorum. The board	28486
shall have an official seal of which courts shall take judicial	28487
notice.	28488

~~(C)~~(D) The board shall make an annual report in writing to	28489
the governor and to the general assembly, stating in detail the	28490
work it has done.	28491

~~(D)~~(E) Compensation of the chairperson and members shall be	28492
in accordance with division (J) of section 124.15 of the Revised	28493
Code. The chairperson and the members are eligible for	28494
reappointment. In addition to such compensation, all members shall	28495
be reimbursed for their necessary expenses incurred in the	28496
performance of their work as members.	28497

~~(E)~~(F)(1) The chairperson, after consulting with the other	28498
board members and receiving the consent of at least one other	28499
board member, shall appoint an executive director ~~and~~. The	28500
chairperson also shall appoint attorneys,and attorney-trial	28501
examiners~~, mediators, arbitrators, members of fact-finding panels,~~	28502
~~directors for local areas, and other employees as it finds~~	28503
~~necessary for the proper performance of its duties and may~~	28504
~~prescribe their duties~~. ~~The~~	28505

(2) The board shall appoint mediators, arbitrators, members	28506
of fact-finding panels, and directors for local areas, and shall	28507
prescribe their job duties.	28508

(G)(1) The executive director shall serve at the pleasure of	28509
the chairperson. The executive director, under the direction of	28510
the chairperson, shall do all of the following:	28511

(a) Act as chief administrative officer for the board;

28512

(b) Ensure that all employees of the board comply with the	28513
rules of the board;	28514

(c) Do all things necessary for the efficient and effective	28515
implementation of the duties of the board.	28516

(2) The duties of the executive director described in	28517
division (G)(1) of this section do not relieve the chairperson	28518
from final responsibility for the proper performance of the duties	28519
described in that division.	28520

(H) The attorney general shall be the legal adviser of the	28521
board and shall appear for and represent the board and its agents	28522
in all legal proceedings. The board may utilize regional, local,	28523
or other agencies, and utilize voluntary and uncompensated	28524
services as needed. The board may contract with the federal	28525
mediation and conciliation service for the assistance of	28526
mediators, arbitrators, and other personnel the service makes	28527
available. The board and the chairperson, respectively, shall	28528
appoint all employees on the basis of training, practical	28529
experience, education, and character, notwithstanding the	28530
requirements established by section 119.09 of the Revised Code.	28531
The board shall give special regard to the practical training and	28532
experience that employees have for the particular position	28533
involved. All full-time employees of the board excepting the	28534
executive director, the head of the bureau of mediation, and the	28535
personal secretaries and assistants of the board members are in	28536
the classified service. All employees of the board shall be paid	28537
in accordance with Chapter 124. of the Revised Code.	28538

~~(F)~~(I) The board shall select and assign examiners and other	28539
agents whose functions are to conduct hearings with due regard to	28540
their impartiality, judicial temperament, and knowledge. If in any	28541
proceeding under this chapter, any party prior to five days before	28542
the hearing thereto files with the board a sworn statement	28543
charging that the examiner or other agent designated to conduct	28544
the hearing is biased or partial in the proceeding, the board may	28545
disqualify the person and designate another examiner or agent to	28546
conduct the proceeding. At least ten days before any hearing, the	28547
board shall notify all parties to a proceeding of the name of the	28548
examiner or agent designated to conduct the hearing.	28549

~~(G)~~(J) The principal office of the board is in Columbus, but	28550
it may meet and exercise any or all of its powers at any other	28551
place within the state. The board may, by one or more of its	28552
employees, or any agents or agencies it designates, conduct in any	28553
part of this state any proceeding, hearing, investigation,	28554
inquiry, or election necessary to the performance of its	28555
functions; provided, that no person so designated may later sit in	28556
determination of an appeal of the decision of that cause or	28557
matter.	28558

~~(H)~~(K) In addition to the powers and functions provided in	28559
other sections of this chapter, the board shall do all of the	28560
following:	28561

(1) Create a bureau of mediation within the state employment	28562
relations board, to perform the functions provided in section	28563
4117.14 of the Revised Code. This bureau shall also establish,	28564
after consulting representatives of employee organizations and	28565
public employers, panels of qualified persons to be available to	28566
serve as members of fact-finding panels and arbitrators.	28567

(2) Conduct studies of problems involved in representation	28568
and negotiation and make recommendations for legislation;	28569

(3) Hold hearings pursuant to this chapter and, for the	28570
purpose of the hearings and inquiries, administer oaths and	28571
affirmations, examine witnesses and documents, take testimony and	28572
receive evidence, compel the attendance of witnesses and the	28573
production of documents by the issuance of subpoenas, and delegate	28574
these powers to any members of the board or any attorney-trial	28575
examiner appointed by the board for the performance of its	28576
functions;	28577

(4) Train representatives of employee organizations and	28578
public employers in the rules and techniques of collective	28579
bargaining procedures;	28580

(5) Make studies and analyses of, and act as a clearinghouse	28581
of information relating to, conditions of employment of public	28582
employees throughout the state and request assistance, services,	28583
and data from any public employee organization, public employer,	28584
or governmental unit. Public employee organizations, public	28585
employers, and governmental units shall provide such assistance,	28586
services, and data as will enable the board to carry out its	28587
functions and powers.	28588

(6) Make available to employee organizations, public	28589
employers, mediators, fact-finding panels, arbitrators, and joint	28590
study committees statistical data relating to wages, benefits, and	28591
employment practices in public and private employment applicable	28592
to various localities and occupations to assist them to resolve	28593
issues in negotiations;	28594

(7) Notwithstanding section 119.13 of the Revised Code,	28595
establish standards of persons who practice before it;	28596

(8) Adopt, amend, and rescind rules and procedures and	28597
exercise other powers appropriate to carry out this chapter.	28598
Before the adoption, amendment, or rescission of rules and	28599
procedures under this section, the board shall do all of the	28600
following:	28601

(a) Maintain a list of interested public employers and	28602
employee organizations and mail notice to such groups of any	28603
proposed rule or procedure, amendment thereto, or rescission	28604
thereof at least thirty days before any public hearing thereon;	28605

(b) Mail a copy of each proposed rule or procedure, amendment	28606
thereto, or rescission thereof to any person who requests a copy	28607
within five days after receipt of the request therefor;	28608

(c) Consult with appropriate statewide organizations	28609
representing public employers or employees who would be affected	28610
by the proposed rule or procedure.	28611

Although the board is expected to discharge these duties	28612
diligently, failure to mail any notice or copy, or to so consult	28613
with any person, is not jurisdictional and shall not be construed	28614
to invalidate any proceeding or action of the board.	28615

~~(I)~~(L) In case of neglect or refusal to obey a subpoena	28616
issued to any person, the court of common pleas of the county in	28617
which the investigation or the public hearing occurs, upon	28618
application by the board, may issue an order requiring the person	28619
to appear before the board and give testimony about the matter	28620
under investigation. The court may punish a failure to obey the	28621
order as contempt.	28622

~~(J)~~(M) Any subpoena, notice of hearing, or other process or	28623
notice of the board issued under this section may be served	28624
personally, by certified mail, or by leaving a copy at the	28625
principal office or personal residence of the respondent required	28626
to be served. A return, made and verified by the individual making	28627
the service and setting forth the manner of service, is proof of	28628
service, and a return post office receipt, when certified mail is	28629
used, is proof of service. All process in any court to which	28630
application is made under this chapter may be served in the county	28631
wherein the persons required to be served reside or are found.	28632

~~(K)~~(N) All expenses of the board, including all necessary	28633
traveling and subsistence expenses incurred by the members or	28634
employees of the board under its orders, shall be paid pursuant to	28635
itemized vouchers approved by the chairperson of the board, the	28636
executive director, or both, or such other person as the ~~board~~	28637
chairperson designates for that purpose.	28638

~~(L)~~(O) Whenever the board determines that a substantial	28639
controversy exists with respect to the application or	28640
interpretation of this chapter and the matter is of public or	28641
great general interest, the board shall certify its final order	28642
directly to the court of appeals having jurisdiction over the area	28643
in which the principal office of the public employer directly	28644
affected by the application or interpretation is located. The	28645
chairperson shall file with the clerk of the court a certified	28646
copy of the transcript of the proceedings before the board	28647
pertaining to the final order. If upon hearing and consideration	28648
the court decides that the final order of the board is unlawful or	28649
is not supported by substantial evidence on the record as a whole,	28650
the court shall reverse and vacate the final order or modify it	28651
and enter final judgment in accordance with the modification;	28652
otherwise, the court shall affirm the final order. The notice of	28653
the final order of the board to the interested parties shall	28654
contain a certification by the chairperson of the board that the	28655
final order is of public or great general interest and that a	28656
certified transcript of the record of the proceedings before the	28657
board had been filed with the clerk of the court as an appeal to	28658
the court. For the purposes of this division, the board has	28659
standing to bring its final order properly before the court of	28660
appeals.	28661

~~(M)~~(P) Except as otherwise specifically provided in this	28662
section, the board is subject to Chapter 119. of the Revised Code,	28663
including the procedure for submission of proposed rules to the	28664
general assembly for legislative review under division (H) of	28665
section 119.03 of the Revised Code.	28666

Sec. 4117.10. (A) An agreement between a public employer and	28667
an exclusive representative entered into pursuant to this chapter	28668
governs the wages, hours, and terms and conditions of public	28669
employment covered by the agreement. If the agreement provides for	28670
a final and binding arbitration of grievances, public employers,	28671
employees, and employee organizations are subject solely to that	28672
grievance procedure and the state personnel board of review or	28673
civil service commissions have no jurisdiction to receive and	28674
determine any appeals relating to matters that were the subject of	28675
a final and binding grievance procedure. Where no agreement exists	28676
or where an agreement makes no specification about a matter, the	28677
public employer and public employees are subject to all applicable	28678
state or local laws or ordinances pertaining to the wages, hours,	28679
and terms and conditions of employment for public employees. Laws	28680
pertaining to civil rights, affirmative action, unemployment	28681
compensation, workers' compensation, the retirement of public	28682
employees, and residency requirements, the minimum educational	28683
requirements contained in the Revised Code pertaining to public	28684
education including the requirement of a certificate by the fiscal	28685
officer of a school district pursuant to section 5705.41 of the	28686
Revised Code, the provisions of division (A) of section 124.34 of	28687
the Revised Code governing the disciplining of officers and	28688
employees who have been convicted of a felony, and the minimum	28689
standards promulgated by the state board of education pursuant to	28690
division (D) of section 3301.07 of the Revised Code prevail over	28691
conflicting provisions of agreements between employee	28692
organizations and public employers. The law pertaining to the	28693
leave of absence and compensation provided under section 5923.05	28694
of the Revised Code prevails over any conflicting provisions of	28695
such agreements if the terms of the agreement contain benefits	28696
which are less than those contained in that section or the	28697
agreement contains no such terms and the public authority is the	28698
state or any agency, authority, commission, or board of the state	28699
or if the public authority is another entity listed in division	28700
(B) of section 4117.01 of the Revised Code that elects to provide	28701
leave of absence and compensation as provided in section 5923.05	28702
of the Revised Code. Except for sections 306.08, 306.12, and	28703
306.35~~, and 4981.22~~ of the Revised Code and arrangements entered	28704
into thereunder, ~~and section 4981.21 of the Revised Code as~~	28705
~~necessary to comply with section 13(c) of the "Urban Mass~~	28706
~~Transportation Act of 1964," 87 Stat. 295, 49 U.S.C.A. 1609(c), as~~	28707
~~amended, and arrangements entered into thereunder,~~ this chapter	28708
prevails over any and all other conflicting laws, resolutions,	28709
provisions, present or future, except as otherwise specified in	28710
this chapter or as otherwise specified by the general assembly.	28711
Nothing in this section prohibits or shall be construed to	28712
invalidate the provisions of an agreement establishing	28713
supplemental workers' compensation or unemployment compensation	28714
benefits or exceeding minimum requirements contained in the	28715
Revised Code pertaining to public education or the minimum	28716
standards promulgated by the state board of education pursuant to	28717
division (D) of section 3301.07 of the Revised Code.	28718

(B) The public employer shall submit a request for funds	28719
necessary to implement an agreement and for approval of any other	28720
matter requiring the approval of the appropriate legislative body	28721
to the legislative body within fourteen days of the date on which	28722
the parties finalize the agreement, unless otherwise specified,	28723
but if the appropriate legislative body is not in session at the	28724
time, then within fourteen days after it convenes. The legislative	28725
body must approve or reject the submission as a whole, and the	28726
submission is deemed approved if the legislative body fails to act	28727
within thirty days after the public employer submits the	28728
agreement. The parties may specify that those provisions of the	28729
agreement not requiring action by a legislative body are effective	28730
and operative in accordance with the terms of the agreement,	28731
provided there has been compliance with division (C) of this	28732
section. If the legislative body rejects the submission of the	28733
public employer, either party may reopen all or part of the entire	28734
agreement.	28735

As used in this section, "legislative body" includes the	28736
general assembly, the governing board of a municipal corporation,	28737
school district, college or university, village, township, or	28738
board of county commissioners or any other body that has authority	28739
to approve the budget of their public jurisdiction.	28740

(C) The chief executive officer, or the chief executive	28741
officer's representative, of each municipal corporation, the	28742
designated representative of the board of education of each school	28743
district, college or university, or any other body that has	28744
authority to approve the budget of their public jurisdiction, the	28745
designated representative of the board of county commissioners and	28746
of each elected officeholder of the county whose employees are	28747
covered by the collective negotiations, and the designated	28748
representative of the village or the board of township trustees of	28749
each township is responsible for negotiations in the collective	28750
bargaining process; except that the legislative body may accept or	28751
reject a proposed collective bargaining agreement. When the	28752
matters about which there is agreement are reduced to writing and	28753
approved by the employee organization and the legislative body,	28754
the agreement is binding upon the legislative body, the employer,	28755
and the employee organization and employees covered by the	28756
agreement.	28757

(D) There is hereby established an office of collective	28758
bargaining in the department of administrative services for the	28759
purpose of negotiating with and entering into written agreements	28760
between state agencies, departments, boards, and commissions and	28761
the exclusive representative on matters of wages, hours, terms and	28762
other conditions of employment and the continuation, modification,	28763
or deletion of an existing provision of a collective bargaining	28764
agreement. Nothing in any provision of law to the contrary shall	28765
be interpreted as excluding the bureau of workers' compensation	28766
and the industrial commission from the preceding sentence. This	28767
office shall not negotiate on behalf of other statewide elected	28768
officials or boards of trustees of state institutions of higher	28769
education who shall be considered as separate public employers for	28770
the purposes of this chapter; however, the office may negotiate on	28771
behalf of these officials or trustees where authorized by the	28772
officials or trustees. The staff of the office of collective	28773
bargaining are in the unclassified service. The director of	28774
administrative services shall fix the compensation of the staff.	28775

The office of collective bargaining shall:

28776

(1) Assist the director in formulating management's	28777
philosophy for public collective bargaining as well as planning	28778
bargaining strategies;	28779

(2) Conduct negotiations with the exclusive representatives	28780
of each employee organization;	28781

(3) Coordinate the state's resources in all mediation,	28782
fact-finding, and arbitration cases as well as in all labor	28783
disputes;	28784

(4) Conduct systematic reviews of collective bargaining	28785
agreements for the purpose of contract negotiations;	28786

(5) Coordinate the systematic compilation of data by all	28787
agencies that is required for negotiating purposes;	28788

(6) Prepare and submit an annual report and other reports as	28789
requested to the governor and the general assembly on the	28790
implementation of this chapter and its impact upon state	28791
government.	28792

Sec. 4117.14. (A) The procedures contained in this section	28793
govern the settlement of disputes between an exclusive	28794
representative and a public employer concerning the termination or	28795
modification of an existing collective bargaining agreement or	28796
negotiation of a successor agreement, or the negotiation of an	28797
initial collective bargaining agreement.	28798

(B)(1) In those cases where there exists a collective	28799
bargaining agreement, any public employer or exclusive	28800
representative desiring to terminate, modify, or negotiate a	28801
successor collective bargaining agreement shall:	28802

(a) Serve written notice upon the other party of the proposed	28803
termination, modification, or successor agreement. The party must	28804
serve the notice not less than sixty days prior to the expiration	28805
date of the existing agreement or, in the event the existing	28806
collective bargaining agreement does not contain an expiration	28807
date, not less than sixty days prior to the time it is proposed to	28808
make the termination or modifications or to make effective a	28809
successor agreement.	28810

(b) Offer to bargain collectively with the other party for	28811
the purpose of modifying or terminating any existing agreement or	28812
negotiating a successor agreement;	28813

(c) Notify the state employment relations board of the offer	28814
by serving upon the board a copy of the written notice to the	28815
other party and a copy of the existing collective bargaining	28816
agreement.	28817

(2) In the case of initial negotiations between a public	28818
employer and an exclusive representative, where a collective	28819
bargaining agreement has not been in effect between the parties,	28820
any party may serve notice upon the board and the other party	28821
setting forth the names and addresses of the parties and offering	28822
to meet, for a period of ninety days, with the other party for the	28823
purpose of negotiating a collective bargaining agreement.	28824

If the settlement procedures specified in divisions (B), (C),	28825
and (D) of this section govern the parties, where those procedures	28826
refer to the expiration of a collective bargaining agreement, it	28827
means the expiration of the sixty-day period to negotiate a	28828
collective bargaining agreement referred to in this subdivision,	28829
or in the case of initial negotiations, it means the ninety day	28830
period referred to in this subdivision.	28831

(3) The parties shall continue in full force and effect all	28832
the terms and conditions of any existing collective bargaining	28833
agreement, without resort to strike or lock-out, for a period of	28834
sixty days after the party gives notice or until the expiration	28835
date of the collective bargaining agreement, whichever occurs	28836
later, or for a period of ninety days where applicable.	28837

(4) Upon receipt of the notice, the parties shall enter into	28838
collective bargaining.	28839

(C) In the event the parties are unable to reach an	28840
agreement, they may submit, at any time prior to forty-five days	28841
before the expiration date of the collective bargaining agreement,	28842
the issues in dispute to any mutually agreed upon dispute	28843
settlement procedure which supersedes the procedures contained in	28844
this section.	28845

(1) The procedures may include:

28846

(a) Conventional arbitration of all unsettled issues;

28847

(b) Arbitration confined to a choice between the last offer	28848
of each party to the agreement as a single package;	28849

(c) Arbitration confined to a choice of the last offer of	28850
each party to the agreement on each issue submitted;	28851

(d) The procedures described in division (C)(1)(a), (b), or	28852
(c) of this section and including among the choices for the	28853
arbitrator, the recommendations of the fact finder, if there are	28854
recommendations, either as a single package or on each issue	28855
submitted;	28856

(e) Settlement by a citizens' conciliation council composed	28857
of three residents within the jurisdiction of the public employer.	28858
The public employer shall select one member and the exclusive	28859
representative shall select one member. The two members selected	28860
shall select the third member who shall chair the council. If the	28861
two members cannot agree upon a third member within five days	28862
after their appointments, the board shall appoint the third	28863
member. Once appointed, the council shall make a final settlement	28864
of the issues submitted to it pursuant to division (G) of this	28865
section.	28866

(f) Any other dispute settlement procedure mutually agreed to	28867
by the parties.	28868

(2) If, fifty days before the expiration date of the	28869
collective bargaining agreement, the parties are unable to reach	28870
an agreement, any party may request the state employment relations	28871
board to intervene. The request shall set forth the names and	28872
addresses of the parties, the issues involved, and, if applicable,	28873
the expiration date of any agreement.	28874

The board shall intervene and investigate the dispute to	28875
determine whether the parties have engaged in collective	28876
bargaining.	28877

If an impasse exists or forty-five days before the expiration	28878
date of the collective bargaining agreement if one exists, the	28879
board shall appoint a mediator to assist the parties in the	28880
collective bargaining process.	28881

(3) ~~If the mediator after assisting the parties advises the~~	28882
~~board that the parties have reached an impasse, or not later than~~	28883
~~thirty-one days prior to the expiration date of the agreement~~Any	28884
time after the appointment of a mediator, either party may request	28885
the appointment of a fact-finding panel. Within fifteen days after	28886
receipt of a request for a fact-finding panel, the board shall	28887
appoint ~~within one day~~ a fact-finding panel of not more than three	28888
members who have been selected by the parties in accordance with	28889
rules established by the board, from a list of qualified persons	28890
maintained by the board.	28891

(a) The fact-finding panel shall, in accordance with rules	28892
and procedures established by the board that include the	28893
regulation of costs and expenses of fact-finding, gather facts and	28894
make recommendations for the resolution of the matter. The board	28895
shall by its rules require each party to specify in writing the	28896
unresolved issues and its position on each issue to the	28897
fact-finding panel. The fact-finding panel shall make final	28898
recommendations as to all the unresolved issues.	28899

(b) The board may continue mediation, order the parties to	28900
engage in collective bargaining until the expiration date of the	28901
agreement, or both.	28902

(4) The following guidelines apply to fact-finding:

28903

(a) The fact-finding panel may establish times and place of	28904
hearings which shall be, where feasible, in the jurisdiction of	28905
the state.	28906

(b) The fact-finding panel shall conduct the hearing pursuant	28907
to rules established by the board.	28908

(c) Upon request of the fact-finding panel, the board shall	28909
issue subpoenas for hearings conducted by the panel.	28910

(d) The fact-finding panel may administer oaths.

28911

(e) The board shall prescribe guidelines for the fact-finding	28912
panel to follow in making findings. In making its recommendations,	28913
the fact-finding panel shall take into consideration the factors	28914
listed in divisions (G)(7)(a) to (f) of this section.	28915

(f) The fact-finding panel may attempt mediation at any time	28916
during the fact-finding process. From the time of appointment	28917
until the fact-finding panel makes a final recommendation, it	28918
shall not discuss the recommendations for settlement of the	28919
dispute with parties other than the direct parties to the dispute.	28920

(5) The fact-finding panel, acting by a majority of its	28921
members, shall transmit its findings of fact and recommendations	28922
on the unresolved issues to the public employer and employee	28923
organization involved and to the board no later than fourteen days	28924
after the appointment of the fact-finding panel, unless the	28925
parties mutually agree to an extension. The ~~state~~parties shall	28926
~~pay one-half~~share the cost of the fact-finding panel~~. The parties~~	28927
~~each shall pay one-half of the remaining costs~~in a manner agreed	28928
to by the parties.	28929

(6)(a) Not later than seven days after the findings and	28930
recommendations are sent, the legislative body, by a three-fifths	28931
vote of its total membership, and in the case of the public	28932
employee organization, the membership, by a three-fifths vote of	28933
the total membership, may reject the recommendations; if neither	28934
rejects the recommendations, the recommendations shall be deemed	28935
agreed upon as the final resolution of the issues submitted and a	28936
collective bargaining agreement shall be executed between the	28937
parties, including the fact-finding panel's recommendations,	28938
except as otherwise modified by the parties by mutual agreement.	28939
If either the legislative body or the public employee organization	28940
rejects the recommendations, the board shall publicize the	28941
findings of fact and recommendations of the fact-finding panel.	28942
The board shall adopt rules governing the procedures and methods	28943
for public employees to vote on the recommendations of the	28944
fact-finding panel.	28945

(b) As used in division (C)(6)(a) of this section,	28946
"legislative body" means the controlling board when the state or	28947
any of its agencies, authorities, commissions, boards, or other	28948
branch of public employment is party to the fact-finding process.	28949

(D) If the parties are unable to reach agreement within seven	28950
days after the publication of findings and recommendations from	28951
the fact-finding panel or the collective bargaining agreement, if	28952
one exists, has expired, then the:	28953

(1) Public employees, who are members of a police or fire	28954
department, members of the state highway patrol, deputy sheriffs,	28955
dispatchers employed by a police, fire or sheriff's department or	28956
the state highway patrol or civilian dispatchers employed by a	28957
public employer other than a police, fire, or sheriff's department	28958
to dispatch police, fire, sheriff's department, or emergency	28959
medical or rescue personnel and units, an exclusive nurse's unit,	28960
employees of the state school for the deaf or the state school for	28961
the blind, employees of any public employee retirement system,	28962
corrections officers, guards at penal or mental institutions,	28963
special police officers appointed in accordance with sections	28964
5119.14 and 5123.13 of the Revised Code, psychiatric attendants	28965
employed at mental health forensic facilities, or youth leaders	28966
employed at juvenile correctional facilities, shall submit the	28967
matter to a final offer settlement procedure pursuant to a board	28968
order issued forthwith to the parties to settle by a conciliator	28969
selected by the parties. The parties shall request from the board	28970
a list of five qualified conciliators and the parties shall select	28971
a single conciliator from the list by alternate striking of names.	28972
If the parties cannot agree upon a conciliator within five days	28973
after the board order, the board shall on the sixth day after its	28974
order appoint a conciliator from a list of qualified persons	28975
maintained by the board or shall request a list of qualified	28976
conciliators from the American arbitration association and appoint	28977
therefrom.	28978

(2) Public employees other than those listed in division	28979
(D)(1) of this section have the right to strike under Chapter	28980
4117. of the Revised Code provided that the employee organization	28981
representing the employees has given a ten-day prior written	28982
notice of an intent to strike to the public employer and to the	28983
board, and further provided that the strike is for full,	28984
consecutive work days and the beginning date of the strike is at	28985
least ten work days after the ending date of the most recent prior	28986
strike involving the same bargaining unit; however, the board, at	28987
its discretion, may attempt mediation at any time.	28988

(E) Nothing in this section shall be construed to prohibit	28989
the parties, at any time, from voluntarily agreeing to submit any	28990
or all of the issues in dispute to any other alternative dispute	28991
settlement procedure. An agreement or statutory requirement to	28992
arbitrate or to settle a dispute pursuant to a final offer	28993
settlement procedure and the award issued in accordance with the	28994
agreement or statutory requirement is enforceable in the same	28995
manner as specified in division (B) of section 4117.09 of the	28996
Revised Code.	28997

(F) Nothing in this section shall be construed to prohibit a	28998
party from seeking enforcement of a collective bargaining	28999
agreement or a conciliator's award as specified in division (B) of	29000
section 4117.09 of the Revised Code.	29001

(G) The following guidelines apply to final offer settlement	29002
proceedings under division (D)(1) of this section:	29003

(1) The parties shall submit to final offer settlement those	29004
issues that are subject to collective bargaining as provided by	29005
section 4117.08 of the Revised Code and upon which the parties	29006
have not reached agreement and other matters mutually agreed to by	29007
the public employer and the exclusive representative; except that	29008
the conciliator may attempt mediation at any time.	29009

(2) The conciliator shall hold a hearing within thirty days	29010
of the board's order to submit to a final offer settlement	29011
procedure, or as soon thereafter as is practicable.	29012

(3) The conciliator shall conduct the hearing pursuant to	29013
rules developed by the board. The conciliator shall establish the	29014
hearing time and place, but it shall be, where feasible, within	29015
the jurisdiction of the state. Not later than five calendar days	29016
before the hearing, each of the parties shall submit to the	29017
conciliator, to the opposing party, and to the board, a written	29018
report summarizing the unresolved issues, the party's final offer	29019
as to the issues, and the rationale for that position.	29020

(4) Upon the request by the conciliator, the board shall	29021
issue subpoenas for the hearing.	29022

(5) The conciliator may administer oaths.

29023

(6) The conciliator shall hear testimony from the parties and	29024
provide for a written record to be made of all statements at the	29025
hearing. The board shall submit for inclusion in the record and	29026
for consideration by the conciliator the written report and	29027
recommendation of the fact-finders.	29028

(7) After hearing, the conciliator shall resolve the dispute	29029
between the parties by selecting, on an issue-by-issue basis, from	29030
between each of the party's final settlement offers, taking into	29031
consideration the following:	29032

(a) Past collectively bargained agreements, if any, between	29033
the parties;	29034

(b) Comparison of the issues submitted to final offer	29035
settlement relative to the employees in the bargaining unit	29036
involved with those issues related to other public and private	29037
employees doing comparable work, giving consideration to factors	29038
peculiar to the area and classification involved;	29039

(c) The interests and welfare of the public, the ability of	29040
the public employer to finance and administer the issues proposed,	29041
and the effect of the adjustments on the normal standard of public	29042
service;	29043

(d) The lawful authority of the public employer;

29044

(e) The stipulations of the parties;

29045

(f) Such other factors, not confined to those listed in this	29046
section, which are normally or traditionally taken into	29047
consideration in the determination of the issues submitted to	29048
final offer settlement through voluntary collective bargaining,	29049
mediation, fact-finding, or other impasse resolution procedures in	29050
the public service or in private employment.	29051

(8) Final offer settlement awards made under Chapter 4117. of	29052
the Revised Code are subject to Chapter 2711. of the Revised Code.	29053

(9) If more than one conciliator is used, the determination	29054
must be by majority vote.	29055

(10) The conciliator shall make written findings of fact and	29056
promulgate a written opinion and order upon the issues presented	29057
to the conciliator, and upon the record made before the	29058
conciliator and shall mail or otherwise deliver a true copy	29059
thereof to the parties and the board.	29060

(11) Increases in rates of compensation and other matters	29061
with cost implications awarded by the conciliator may be effective	29062
only at the start of the fiscal year next commencing after the	29063
date of the final offer settlement award; provided that if a new	29064
fiscal year has commenced since the issuance of the board order to	29065
submit to a final offer settlement procedure, the awarded	29066
increases may be retroactive to the commencement of the new fiscal	29067
year. The parties may, at any time, amend or modify a	29068
conciliator's award or order by mutual agreement.	29069

(12) The parties shall bear equally the cost of the final	29070
offer settlement procedure.	29071

(13) Conciliators appointed pursuant to this section shall be	29072
residents of the state.	29073

(H) All final offer settlement awards and orders of the	29074
conciliator made pursuant to Chapter 4117. of the Revised Code are	29075
subject to review by the court of common pleas having jurisdiction	29076
over the public employer as provided in Chapter 2711. of the	29077
Revised Code. If the public employer is located in more than one	29078
court of common pleas district, the court of common pleas in which	29079
the principal office of the chief executive is located has	29080
jurisdiction.	29081

(I) The issuance of a final offer settlement award	29082
constitutes a binding mandate to the public employer and the	29083
exclusive representative to take whatever actions are necessary to	29084
implement the award.	29085

Sec. 4123.27. Information contained in the annual statement	29086
provided for in section 4123.26 of the Revised Code, and such	29087
other information as may be furnished to the bureau of workers'	29088
compensation by employers in pursuance of that section, is for the	29089
exclusive use and information of the bureau in the discharge of	29090
its official duties, and shall not be open to the public nor be	29091
used in any court in any action or proceeding pending therein	29092
unless the bureau is a party to the action or proceeding; but the	29093
information contained in the statement may be tabulated and	29094
published by the bureau in statistical form for the use and	29095
information of other state departments and the public. No person	29096
in the employ of the bureau, except those who are authorized by	29097
the administrator of workers' compensation, shall divulge any	29098
information secured by the person while in the employ of the	29099
bureau in respect to the transactions, property, claim files,	29100
records, or papers of the bureau or in respect to the business or	29101
mechanical, chemical, or other industrial process of any company,	29102
firm, corporation, person, association, partnership, or public	29103
utility to any person other than the administrator or to the	29104
superior of such employee of the bureau.	29105

Notwithstanding the restrictions imposed by this section, the	29106
governor, select or standing committees of the general assembly,	29107
the auditor of state, the attorney general, or their designees,	29108
pursuant to the authority granted in this chapter and Chapter	29109
4121. of the Revised Code, may examine any records, claim files,	29110
or papers in possession of the industrial commission or the	29111
bureau. They also are bound by the privilege that attaches to	29112
these papers.	29113

The administrator shall report to the director of job and	29114
family services or to the county director of job and family	29115
services the name, address, and social security number or other	29116
identification number of any person receiving workers'	29117
compensation whose name or social security number or other	29118
identification number is the same as that of a person required by	29119
a court or child support enforcement agency to provide support	29120
payments to a recipient or participant of public assistance, and	29121
whose name is submitted to the administrator by the director under	29122
section 5101.36 of the Revised Code. The administrator also shall	29123
inform the director of the amount of workers' compensation paid to	29124
the person during such period as the director specifies.	29125

Within fourteen days after receiving from the director of job	29126
and family services a list of the names and social security	29127
numbers of recipients or participants of public assistance	29128
pursuant to section 5101.181 of the Revised Code, the	29129
administrator shall inform the auditor of state of the name,	29130
current or most recent address, and social security number of each	29131
person receiving workers' compensation pursuant to this chapter	29132
whose name and social security number are the same as that of a	29133
person whose name or social security number was submitted by the	29134
director. The administrator also shall inform the auditor of state	29135
of the amount of workers' compensation paid to the person during	29136
such period as the director specifies.	29137

The bureau and its employees, except for purposes of	29138
furnishing the auditor of state with information required by this	29139
section, shall preserve the confidentiality of recipients or	29140
participants of public assistance in compliance with division (A)	29141
of section 5101.181 of the Revised Code.	29142

For the purposes of this section, "public assistance" means	29143
medical assistance provided through the medical assistance program	29144
established under section 5111.01 of the Revised Code, Ohio works	29145
first provided under Chapter 5107. of the Revised Code,	29146
prevention, retention, and contingency benefits and services	29147
provided under Chapter 5108. of the Revised Code, or disability	29148
financial assistance provided under Chapter 5115. of the Revised	29149
Code, or disability medical assistance provided under Chapter	29150
5115. of the Revised Code.	29151

Sec. 4123.41. (A) By the first day of January of each year,	29152
the bureau of workers' compensation shall furnish to the county	29153
auditor of each county and the chief fiscal officer of each taxing	29154
district in a county and of each district activity and institution	29155
mentioned in section 4123.39 of the Revised Code forms containing	29156
the premium rates applicable to the county, district, district	29157
activity, or institution as an employer, on which to report the	29158
amount of money expended by the county, district, district	29159
activity, or institution during the previous twelve calendar	29160
months for the services of employees under this chapter.	29161

(B) Each county auditor and each fiscal officer of a	29162
district, district activity, and institution shall calculate on	29163
the form it receives from the bureau under division (A) of this	29164
section the premium due as its proper contribution to the public	29165
insurance fund and issue ~~his~~a warrant in favor of the bureau for	29166
the amount due from the county, district, district activity, or	29167
institution to the public insurance fund according to the	29168
following schedule:	29169

(1) On or before the fifteenth day of May of each year, no	29170
less than forty-five per cent of the amount due;	29171

(2) On or before the first day of September of each year, no	29172
less than the total amount due.	29173

The legislative body of any county, district, district	29174
activity, or institution may reimburse the fund from which the	29175
contribution is made by transferring to the fund from any other	29176
fund of the county, district, district activity, or institution,	29177
the proportionate amount of the contribution that should be	29178
chargeable to the fund, whether the fund is derived from taxation	29179
or otherwise. The proportionate amount of the contribution	29180
chargeable to the fund may be based on payroll, relative exposure,	29181
relative loss experience, or any combination of these factors, as	29182
determined by the legislative body. A transfer made pursuant to	29183
division (B)(2) of this section is not subject to section 5705.16	29184
of the Revised Code.	29185

(C) The bureau may investigate the correctness of the	29186
information provided by the county auditor and chief fiscal	29187
officer under division (B) of this section, and if the bureau	29188
determines at any time that the county, district, district	29189
activity, or institution has not reported the correct information,	29190
the administrator of workers' compensation may make deductions or	29191
additions as the facts warrant and take those facts into	29192
consideration in determining the current or future contributions	29193
to be made by the county, district, district activity, or	29194
institution. If the county, district, district activity, or	29195
institution does not furnish the report in the time required by	29196
this section, the administrator may fix the amount of contribution	29197
the county, district, district activity, or institution must make	29198
and certify that amount for payment.	29199

(D) The administrator shall provide a discount to any county,	29200
district, district activity, or institution that pays its total	29201
amount due to the public insurance fund on or before the fifteenth	29202
day of May of each year as its proper contribution for premiums.	29203
The administrator shall base the discount provided under this	29204
division on the savings generated by the early payment to the	29205
public insurance fund. The administrator may provide the discount	29206
through a refund to the county, district, district activity, or	29207
institution or an offset against the future contributions due to	29208
the public insurance fund from the county, district, district	29209
activity, or institution.	29210

(E) The administrator may impose an interest penalty for late	29211
payment of any amount due from a county, district, district	29212
activity, and institution at the interest rate established by the	29213
state tax commissioner pursuant to section 5703.47 of the Revised	29214
Code.	29215

Sec. 4141.04. The director of job and family services shall	29216
maintain or ensure the existence of public employment offices that	29217
are free to the general public. These offices shall exist in such	29218
number and in such places as are necessary for the proper	29219
administration of this chapter, to perform such duties as are	29220
within the purview of the act of congress entitled "an act to	29221
provide for the establishment of a national employment system and	29222
for cooperation with the states in the promotion of such system,	29223
and for other purposes," approved June 6, 1933, as amended, which	29224
is known as the "Wagner-Peyser Act." The director shall cooperate	29225
with any official or agency of the United States having powers or	29226
duties under that act of congress and shall do and perform all	29227
things necessary to secure to this state the benefits of that act	29228
of congress in the promotion and maintenance of a system of public	29229
employment offices. That act of congress is hereby accepted by	29230
this state, in conformity with that act of congress and Title III	29231
of the "Social Security Act," and the "Federal Unemployment Tax	29232
Act," 26 U.S.C.A. 3301, as amended, and this state will observe	29233
and comply with the requirements thereof. The department of job	29234
and family services is hereby designated and constituted the	29235
agency of this state for the purposes of that act of congress.	29236

The director may cooperate with or enter into agreements with	29237
the railroad retirement board with respect to the establishment,	29238
maintenance, and use of employment service facilities that are	29239
free to the general public.	29240

All moneys received by this state under the act of congress	29241
known as the Wagner-Peyser Act shall be ~~paid~~deposited into the	29242
state treasury to the credit of the special employment service	29243
account in the ~~unemployment compensation administration~~federal	29244
operating fund, which is hereby created. Those moneys are hereby	29245
made available to the director to be expended as provided by this	29246
section and by that act of congress. For the purpose of	29247
establishing and maintaining public employment offices that are	29248
free to the general public, the director may enter into agreements	29249
with the railroad retirement board or any other agency of the	29250
United States charged with the administration of an unemployment	29251
compensation law, with any political subdivision of this state, or	29252
with any private, nonprofit organization and as a part of any such	29253
agreement the director may accept moneys, services, or quarters as	29254
a contribution to the employment service account.	29255

The director shall maintain labor market information and	29256
employment statistics as necessary for the administration of this	29257
chapter.	29258

The director shall appoint an employee of the department to	29259
serve as an ex officio member of the governor's council to	29260
maintain a liaison between the department and the governor's	29261
council on people with disabilities.	29262

Sec. 4141.09. (A) There is hereby created an unemployment	29263
compensation fund to be administered by the state without	29264
liability on the part of the state beyond the amounts paid into	29265
the fund and earned by the fund. The unemployment compensation	29266
fund shall consist of all contributions, payments in lieu of	29267
contributions described in sections 4141.241 and 4141.242 of the	29268
Revised Code, reimbursements of the federal share of extended	29269
benefits described in section 4141.301 of the Revised Code,	29270
collected under sections 4141.01 to 4141.46 of the Revised Code,	29271
together with all interest earned upon any moneys deposited with	29272
the secretary of the treasury of the United States to the credit	29273
of the account of this state in the unemployment trust fund	29274
established and maintained pursuant to section 904 of the "Social	29275
Security Act," any property or securities acquired through the use	29276
of moneys belonging to the fund, and all earnings of such property	29277
or securities. The unemployment compensation fund shall be used to	29278
pay benefits and refunds as provided by such sections and for no	29279
other purpose.	29280

(B) The treasurer of state shall be the custodian of the	29281
unemployment compensation fund and shall administer such fund in	29282
accordance with the directions of the director of job and family	29283
services. All disbursements therefrom shall be paid by the	29284
treasurer of state on warrants drawn by the director. Such	29285
warrants may bear the facsimile signature of the director printed	29286
thereon and that of a deputy or other employee of the director	29287
charged with the duty of keeping the account of the unemployment	29288
compensation fund and with the preparation of warrants for the	29289
payment of benefits to the persons entitled thereto. Moneys in the	29290
clearing and benefit accounts shall not be commingled with other	29291
state funds, except as provided in division (C) of this section,	29292
but shall be maintained in separate accounts on the books of the	29293
depositary bank. Such money shall be secured by the depositary	29294
bank to the same extent and in the same manner as required by	29295
sections 135.01 to 135.21 of the Revised Code; and collateral	29296
pledged for this purpose shall be kept separate and distinct from	29297
any collateral pledged to secure other funds of this state. All	29298
sums recovered for losses sustained by the unemployment	29299
compensation fund shall be deposited therein. The treasurer of	29300
state shall be liable on the treasurer's official bond for the	29301
faithful performance of the treasurer's duties in connection with	29302
the unemployment compensation fund, such liability to exist in	29303
addition to any liability upon any separate bond.	29304

(C) The treasurer of state shall maintain within the	29305
unemployment compensation fund three separate accounts which shall	29306
be a clearing account, an unemployment trust fund account, and a	29307
benefit account. All moneys payable to the unemployment	29308
compensation fund, upon receipt thereof by the director, shall be	29309
forwarded to the treasurer of state, who shall immediately deposit	29310
them in the clearing account. Refunds of contributions, or	29311
payments in lieu of contributions, payable pursuant to division	29312
(E) of this section may be paid from the clearing account upon	29313
warrants signed by a deputy or other employee of the director	29314
charged with the duty of keeping the record of the clearing	29315
account and with the preparation of warrants for the payment of	29316
refunds to persons entitled thereto. After clearance thereof, all	29317
moneys in the clearing account shall be deposited with the	29318
secretary of the treasury of the United States to the credit of	29319
the account of this state in the unemployment trust fund	29320
established and maintained pursuant to section 904 of the "Social	29321
Security Act," in accordance with requirements of the "Federal	29322
Unemployment Tax Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301,	29323
3304(a)(3), any law in this state relating to the deposit,	29324
administration, release, or disbursement of moneys in the	29325
possession or custody of this state to the contrary	29326
notwithstanding. The benefit account shall consist of all moneys	29327
requisitioned from this state's account in the unemployment trust	29328
fund. Federal funds, other than funds received by the director	29329
under divisions (I) and (J) of this section, received for payment	29330
of federal benefits may be deposited into the benefit account	29331
solely for payment of benefits under a federal program	29332
administered by this state. Moneys so requisitioned shall be used	29333
solely for the payment of benefits and for no other purpose.	29334
Moneys in the clearing and benefit accounts may be deposited by	29335
the treasurer of state, under the direction of the director, in	29336
any bank or public depositary in which general funds of the state	29337
may be deposited, but no public deposit insurance charge or	29338
premium shall be paid out of the fund.	29339

(D) Moneys shall be requisitioned from this state's account	29340
in the unemployment trust fund solely for the payment of benefits	29341
and in accordance with regulations prescribed by the director. The	29342
director shall requisition from the unemployment trust fund such	29343
amounts, not exceeding the amount standing to this state's account	29344
therein, as are deemed necessary for the payment of benefits for a	29345
reasonable future period. Upon receipt thereof, the treasurer of	29346
state shall deposit such moneys in the benefit account.	29347
Expenditures of such money in the benefit account and refunds from	29348
the clearing account shall not require specific appropriations or	29349
other formal release by state officers of money in their custody.	29350
Any balance of moneys requisitioned from the unemployment trust	29351
fund which remains unclaimed or unpaid in the benefit account	29352
after the expiration of the period for which such sums were	29353
requisitioned shall either be deducted from estimates for and may	29354
be utilized for the payment of benefits during succeeding periods,	29355
or, in the discretion of the director, shall be redeposited with	29356
the secretary of the treasury of the United States to the credit	29357
of this state's account in the unemployment trust fund, as	29358
provided in division (C) of this section. Unclaimed or unpaid	29359
federal funds redeposited with the secretary of the treasury of	29360
the United States shall be credited to the appropriate federal	29361
account.	29362

(E) No claim for an adjustment or a refund on contribution,	29363
payment in lieu of contributions, interest, or forfeiture alleged	29364
to have been erroneously or illegally assessed or collected, or	29365
alleged to have been collected without authority, and no claim for	29366
an adjustment or a refund of any sum alleged to have been	29367
excessive or in any manner wrongfully collected shall be allowed	29368
unless an application, in writing, therefor is made within four	29369
years from the date on which such payment was made. If the	29370
director ~~determins~~determines that such contribution, payment in	29371
lieu of contributions, ~~intrest~~interest, or forfeiture, or any	29372
portion ~~tereof~~thereof, was erroneously collected, the director	29373
shall allow such employer to make an adjustment thereof without	29374
interest in connection with subsequent contribution payments, or	29375
payments in lieu of contributions, by the employer, or the	29376
director may refund said amount, without interest, from the	29377
clearing account of the unemployment compensation fund, except as	29378
provided in division (B) of section 4141.11 of the Revised Code.	29379
For like cause and within the same period, adjustment or refund	29380
may be so made on the director's own initiative. An overpayment of	29381
contribution, payment in lieu of contributions, interest, or	29382
forfeiture for which an employer has not made application for	29383
refund prior to the date of sale of the employer's business shall	29384
accrue to the employer's successor in interest.	29385

An application for an adjustment or a refund, or any portion	29386
thereof, that is rejected is binding upon the employer unless,	29387
within thirty days after the mailing of a written notice of	29388
rejection to the employer's last known address, or, in the absence	29389
of mailing of such notice, within thirty days after the delivery	29390
of such notice, the employer files an application for a review and	29391
redetermination setting forth the reasons therefor. The director	29392
shall promptly examine the application for review and	29393
redetermination, and if a review is granted, the employer shall be	29394
promptly notified thereof, and shall be granted an opportunity for	29395
a prompt hearing.	29396

(F) If the director finds that contributions have been paid	29397
to the director in error, and that such contributions should have	29398
been paid to a department of another state or of the United States	29399
charged with the administration of an unemployment compensation	29400
law, the director may upon request by such department or upon the	29401
director's own initiative transfer to such department the amount	29402
of such contributions, less any benefits paid to claimants whose	29403
wages were the basis for such contributions. The director may	29404
request and receive from such department any contributions or	29405
adjusted contributions paid in error to such department which	29406
should have been paid to the director.	29407

(G) In accordance with section 303(c)(3) of the Social	29408
Security Act, and section 3304(a)(17) of the Internal Revenue Code	29409
of 1954 for continuing certification of Ohio unemployment	29410
compensation laws for administrative grants and for tax credits,	29411
any interest required to be paid on advances under Title XII of	29412
the Social Security Act shall be paid in a timely manner and shall	29413
not be paid, directly or indirectly, by an equivalent reduction in	29414
the Ohio unemployment taxes or otherwise, by the state from	29415
amounts in the unemployment compensation fund.	29416

(H) The treasurer of state, under the direction of the	29417
director and in accordance with the "Cash Management Improvement	29418
Act of 1990," 104 Stat. 1061, 31 U.S.C.A. 335, 6503, shall deposit	29419
amounts of interest earned by the state on funds in the benefit	29420
account established pursuant to division (C) of this section into	29421
the department of job and family services banking fees fund, which	29422
is hereby created in the state treasury for the purpose of paying	29423
related banking costs incurred by the state for the period for	29424
which the interest is calculated, except that if the deposited	29425
interest exceeds the banking costs incurred by the state for the	29426
period for which the interest is calculated, the treasurer of	29427
state shall deposit the excess interest into the unemployment	29428
trust fund.	29429

(I) The treasurer of state, under the direction of the	29430
director, shall deposit federal funds received by the director for	29431
the payment of benefits, job search, relocation, transportation,	29432
and subsistence allowances pursuant to the "Trade Act of 1974," 88	29433
Stat. 1978, 19 U.S.C.A. 2101, as amended,; the "North American	29434
Free Trade Implementation Act of 1993," 107 Stat. 2057, 19	29435
U.S.C.A. 3301, as amended; and the "Trade Act of 2002," 116 Stat.	29436
993, 19 U.S.C.A. 3801, as amended, into the Trade Act benefit	29437
account, which is hereby created for the purpose of ~~paying for~~	29438
~~benefits, training, and support services~~making payments specified	29439
under ~~that act~~those acts.	29440

(J) The treasurer of state, under the direction of the	29441
director, shall deposit federal funds received by the director for	29442
training and administration pursuant to the "Trade Act of 1974,"	29443
88 Stat. 1978, 19 U.S.C.A. 2101, as amended; the "North American	29444
Free Trade Agreement Implementation Act," 107 Stat. 2057 (1993),	29445
19 U.S.C.A. 3301, as amended; and the "Trade Act of 2002," 116	29446
Stat. 993, 19 U.S.C.A. 3801, as amended, into the ~~North American~~	29447
~~Free~~ Trade Act training and administration account, which is	29448
hereby created for the purpose of ~~paying for benefits, training,~~	29449
~~and support services~~making payments specified under ~~that act~~	29450
those acts.	29451

Sec. 4141.23. (A) Contributions shall accrue and become	29452
payable by each employer for each calendar year or other period as	29453
prescribed by this chapter. Such contributions become due and	29454
shall be paid by each employer to the director of job and family	29455
services for the unemployment compensation fund in accordance with	29456
such regulations as the director prescribes, and shall not be	29457
deducted, in whole or in part, from the remuneration of	29458
individuals in the employer's employ.	29459

In the payment of any contributions, a fractional part of a	29460
dollar may be disregarded unless it amounts to fifty cents or	29461
more, in which case it may be increased to the next higher dollar.	29462

(B)(1) Any contribution or payment in lieu of contribution,	29463
due from an employer on or before December 31, 1992, shall, if not	29464
paid when due, bear interest at the rate of ten per cent per	29465
annum. In such computation any fraction of a month shall be	29466
considered as a full month.	29467

(2) Any contribution, payment in lieu of contribution,	29468
interest, forfeiture, or fine due from an employer on or after	29469
January 1, 1993, shall, if not paid when due, bear interest at the	29470
annual rate of fourteen per cent compounded monthly on the	29471
aggregate receivable balance due. In such computation any fraction	29472
of a month shall be considered as a full month.	29473

(C) The director may waive the interest assessed under	29474
division (B)(2) of this section if the employer meets all of the	29475
following conditions within thirty days after the date the	29476
director mails or delivers the notice of assessment of interest:	29477

(1) Provides to the director a written request for a waiver	29478
of interest clearly demonstrating that the employer's failure to	29479
timely pay contributions, payments in lieu of contributions,	29480
interest, forfeiture, and fines was a result of circumstances	29481
beyond the control of the employer or the employer's agent, except	29482
that negligence on the part of the employer or the employer's	29483
agent shall not be considered beyond the control of the employer	29484
or the employer's agent;	29485

(2) Furnishes to the director all quarterly reports required	29486
under section 4141.20 of the Revised Code;	29487

(3) Pays in full all contributions, payments in lieu of	29488
contributions, interest, forfeiture, and fines for each quarter	29489
for which such payments are due.	29490

The director shall deny an employer's request for a waiver of	29491
interest after finding that the employer's failure to timely	29492
furnish reports or make payments as required under this chapter	29493
was due to an attempt to evade payment.	29494

(D) Any contribution, interest, forfeiture, or fine required	29495
to be paid under this chapter by any employer shall, if not paid	29496
when due, become a lien upon the real and personal property of	29497
such employer. Upon failure of such employer to pay the	29498
contributions, interest, forfeiture, or fine required to be paid	29499
under this chapter, the director shall file notice of such lien,	29500
for which there shall be no charge, in the office of the county	29501
recorder of the county in which it is ascertained that such	29502
employer owns real estate or personal property. The director shall	29503
notify the employer by mail of the lien. The absence of proof that	29504
the notice was sent does not affect the validity of the lien. Such	29505
lien shall not be valid as against the claim of any mortgagee,	29506
pledgee, purchaser, judgment creditor, or other lienholder of	29507
record at the time such notice is filed.	29508

If the employer acquires real or personal property after	29509
notice of lien is filed, such lien shall not be valid as against	29510
the claim of any mortgagee, pledgee, subsequent bona fide	29511
purchaser for value, judgment creditor, or other lienholder of	29512
record to such after-acquired property, unless the notice of lien	29513
is refiled after such property was acquired by the employer and	29514
before the competing lien attached to such after-acquired property	29515
or before the conveyance to such subsequent bona fide purchaser	29516
for value.	29517

Such notice shall be recorded in a book kept by the recorder	29518
called the "unemployment compensation lien record" and indexed	29519
therein in an alphabetical index under the name of such employer.	29520
When such unpaid contributions, interest, forfeiture, or fines	29521
have been paid, the employer may record with the recorder of the	29522
county in which such notice of lien has been filed and recorded,	29523
notice of such payment. For recording ~~such~~the notice of payment	29524
the recorder shall charge and receive from the employer a base fee	29525
of two dollars for services and a housing trust fund fee of two	29526
dollars pursuant to section 317.36 of the Revised Code.	29527

(E) Notwithstanding other provisions in this section, the	29528
director may reduce, in whole or in part, the amount of interest,	29529
forfeiture, or fines required to be paid under this chapter if the	29530
director determines that the reduction is in the best interest of	29531
the unemployment compensation fund.	29532

(F) Assessment of contributions shall not be made after four	29533
years from the date on which such contributions became payable,	29534
and no action in court for the collection of contributions without	29535
assessment of such contributions shall be begun after the	29536
expiration of five years from the date such contributions became	29537
payable. In case of a false or fraudulent report or of a willful	29538
attempt in any manner to evade contributions, such contributions	29539
may be assessed or a proceeding in court for the collection of	29540
such contributions may be begun without assessment at any time.	29541
When the assessment of contributions has been made within such	29542
four-year period provided, action in court to collect such	29543
contributions may be begun within, but not later than, six years	29544
after such assessment.	29545

(G) In the event of a distribution of an employer's assets,	29546
pursuant to an order of any court under the law of this state,	29547
including any receivership, assignment for benefit of creditors,	29548
adjudicated insolvency, or similar proceedings, contributions,	29549
interest, forfeiture, or fine then or thereafter due have the same	29550
priority as provided by law for the payment of taxes due the state	29551
and shall be paid out of the trust fund in the same manner as	29552
provided for other claims for unpaid taxes due the state.	29553

(H) If the attorney general finds after investigation that	29554
any claim for delinquent contributions, interest, forfeitures, or	29555
fines owing to the director is uncollectible, in whole or in part,	29556
the attorney general shall recommend to the director the	29557
cancellation of such claim or any part thereof. The director may	29558
thereupon effect such cancellation.	29559

Sec. 4301.30. All fees collected by the division of liquor	29560
control shall be deposited in the state treasury to the credit of	29561
the undivided liquor permit fund, which is hereby created, at the	29562
time prescribed under section 4301.12 of the Revised Code. Each	29563
payment shall be accompanied by a statement showing separately the	29564
amount collected for each class of permits in each municipal	29565
corporation and in each township outside the limits of any	29566
municipal corporation in such township. An amount equal to fifty	29567
dollars for each fee received for a D-2 permit, which is not	29568
placed in operation immediately upon a D-3 permit premises, and	29569
twenty-five dollars for each fee received for a C-2 permit, shall	29570
be paid from the undivided liquor permit fund into the general	29571
revenue fund.	29572

Prior to the fees received for a D-2 permit, which is not in	29573
operation immediately upon a D-3 permit premises, and a C-2 permit	29574
being paid into the general revenue fund, an amount equal to	29575
~~twenty-one~~thirty-two and one-half per cent of the undivided	29576
liquor permit fund shall be paid into the statewide treatment and	29577
prevention fund, which is hereby created in the state treasury.	29578
This amount shall be appropriated by the general assembly,	29579
together with an amount equal to one and one-half per cent of the	29580
gross profit of the department of liquor control derived under	29581
division (B)(4) of section 4301.10 of the Revised Code, to the	29582
department of alcohol and drug addiction services. In planning for	29583
the allocation of and in allocating these amounts for the purposes	29584
of Chapter 3793. of the Revised Code, the department of alcohol	29585
and drug addiction services shall comply with the	29586
nondiscrimination provisions of Title VI of the Civil Rights Act	29587
of 1964, and any rules adopted thereunder.	29588

The moneys remaining in the undivided liquor permit fund	29589
shall be distributed by the superintendent of liquor control at	29590
quarterly calendar periods as follows:	29591

(A) To each municipal corporation, the aggregate amount shown	29592
by the statements to have been collected from permits therein, for	29593
the use of the general fund of the municipal corporation;	29594

(B) To each township, the aggregate amount shown by the	29595
statements to have been collected from permits in its territory,	29596
outside the limits of any municipal corporation located therein,	29597
for the use of the general fund of the township, or for fire	29598
protection purposes, including buildings and equipment in the	29599
township or in an established fire district within the township,	29600
to the extent that the funds are derived from liquor permits	29601
within the territory comprising such fire district.	29602

For the purpose of the distribution required by this section,	29603
E, H, and D permits covering boats or vessels are deemed to have	29604
been issued in the municipal corporation or township wherein the	29605
owner or operator of the vehicle, boat, vessel, or dining car	29606
equipment to which the permit relates has the owner's or	29607
operator's principal office or place of business within the state.	29608

Such distributions are subject to diminutions for refunds as	29609
prescribed in section 4301.41 of the Revised Code. If the liquor	29610
control commission is of the opinion that the police or other	29611
officers of any municipal corporation or township entitled to	29612
share in such distribution are refusing or culpably neglecting to	29613
enforce this chapter and Chapter 4303. of the Revised Code, or the	29614
penal laws of this state relating to the manufacture, importation,	29615
transportation, distribution, and sale of beer and intoxicating	29616
liquors, or if the prosecuting officer of a municipal corporation	29617
or the municipal court thereof fails to comply with the request of	29618
the commission authorized by division (A)(4) of section 4301.10 of	29619
the Revised Code, the commission by certified mail may notify the	29620
chief executive officer of the municipal corporation or the board	29621
of township trustees of the township of such failure and require	29622
the immediate cooperation of the responsible officers of the	29623
municipal corporation or township with the division of liquor	29624
control in the enforcement of such chapters and such penal laws.	29625
Within thirty days after the notice is served, the commission	29626
shall determine whether or not the requirement has been complied	29627
with. If the commission determines that the requirement has not	29628
been complied with, it may issue an order to the superintendent to	29629
withhold the distributive share of the municipal corporation or	29630
township until further order of the commission. This action of the	29631
commission is reviewable within thirty days thereafter in the	29632
court of common pleas of Franklin county.	29633

Sec. 4303.02. Permit A-1 may be issued to a manufacturer to	29634
manufacture beer and sell beer products in bottles or containers	29635
for home use and to retail and wholesale permit holders under	29636
rules promulgated by the division of liquor control. The fee for	29637
this permit is three thousand ~~one~~nine hundred ~~twenty-five~~six	29638
dollars for each plant during the year covered by the permit.	29639

Sec. 4303.021. Permit A-1-A may be issued to the holder of	29640
an A-1 or A-2 permit to sell beer and any intoxicating liquor at	29641
retail, only by the individual drink in glass or from a container,	29642
provided such A-1-A permit premises are situated on the same	29643
parcel or tract of land as the related A-1 or A-2 manufacturing	29644
permit premises or are separated therefrom only by public streets	29645
or highways or by other lands owned by the holder of the A-1 or	29646
A-2 permit and used by the holder in connection with or in	29647
promotion of the holder's A-1 or A-2 permit business. The fee for	29648
this permit is three thousand ~~one~~nine hundred ~~twenty-five~~six	29649
dollars. The holder of an A-1-A permit may sell beer and any	29650
intoxicating liquor during the same hours as the holders of D-5	29651
permits under this chapter or Chapter 4301. of the Revised Code or	29652
the rules of the liquor control commission and shall obtain a	29653
license as a retail food establishment or a food service operation	29654
pursuant to Chapter 3717. of the Revised Code and operate as a	29655
restaurant for purposes of this chapter.	29656

Except as otherwise provided in this section, no new A-1-A	29657
permit shall be issued to the holder of an A-1 or A-2 permit	29658
unless the sale of beer and intoxicating liquor under class D	29659
permits is permitted in the precinct in which the A-1 or A-2	29660
permit is located and, in the case of an A-2 permit, unless the	29661
holder of the A-2 permit manufactures or has a storage capacity of	29662
at least twenty-five thousand gallons of wine per year. The	29663
immediately preceding sentence does not prohibit the issuance of	29664
an A-1-A permit to an applicant for such a permit who is the	29665
holder of an A-1 permit and whose application was filed with the	29666
division of liquor control before June 1, 1994. The liquor control	29667
commission shall not restrict the number of A-1-A permits which	29668
may be located within a precinct.	29669

Sec. 4303.03. Permit A-2 may be issued to a manufacturer to	29670
manufacture wine from grapes or other fruits grown in the state,	29671
if obtainable, otherwise to import such fruits after submitting an	29672
affidavit of nonavailability to the division of liquor control; to	29673
import and purchase wine in bond for blending purposes, the total	29674
amount of wine so imported during the year covered by the permit	29675
not to exceed forty per cent of all the wine manufactured and	29676
imported; to manufacture, purchase, and import brandy for	29677
fortifying purposes; and to sell such products either in glass or	29678
container for consumption on the premises where manufactured, for	29679
home use, and to retail and wholesale permit holders under such	29680
rules as are adopted by the division.	29681

The fee for this permit is ~~sixty-three~~one hundred twenty-six	29682
dollars for each plant producing one hundred wine barrels, of	29683
fifty gallons each, or less annually. ~~Such~~This initial fee shall	29684
be increased at the rate of ten cents per such barrel for all wine	29685
manufactured in excess of one hundred barrels during the year	29686
covered by the permit.	29687

Sec. 4303.04. Permit A-3 may be issued to a manufacturer to	29688
manufacture alcohol and spirituous liquor and sell such products	29689
to the division of liquor control or to the holders of a like	29690
permit or to the holders of A-4 permits for blending or	29691
manufacturing purposes; to import alcohol into this state upon	29692
such terms as are prescribed by the division; to sell alcohol to	29693
manufacturers, hospitals, infirmaries, medical or educational	29694
institutions using it for medicinal, mechanical, chemical, or	29695
scientific purposes, and to holders of I permits; to import into	29696
this state spirituous liquor and wine for blending or other	29697
manufacturing purposes; and to export spirituous liquor from this	29698
state for sale outside the state.	29699

The fee for this permit is three thousand ~~one~~nine hundred	29700
~~twenty-five~~six dollars for each plant; but, if a plant's	29701
production capacity is less than five hundred wine barrels of	29702
fifty gallons each, annually, the fee is two dollars per barrel.	29703

Sec. 4303.05. Permit A-4 may be issued to a manufacturer to	29704
manufacture prepared highballs, cocktails, cordials, and other	29705
mixed drinks containing not less than four per cent of alcohol by	29706
volume and not more than twenty-one per cent of alcohol by volume,	29707
and to sell such products to wholesale and retail permit holders	29708
in sealed containers only under such rules as are adopted by the	29709
division of liquor control. The holder of such permit may import	29710
into the state spirituous liquor and wine only for blending or	29711
other manufacturing purposes under such rules as are prescribed by	29712
the division.	29713

The holder of such permit may also purchase spirituous liquor	29714
for manufacturing and blending purposes from the holder of an A-3	29715
permit issued by the division. The formulas and the beverages	29716
manufactured by the holder of an A-4 permit ~~must~~shall be	29717
submitted to the division for its analysis and approval before	29718
~~such~~the beverages may be sold to or distributed in this state by	29719
holders of retail and wholesale permits. All labels and	29720
advertising matter used by the holders of ~~such~~A-4 permits ~~must~~	29721
shall be approved by the division before they may be used in this	29722
state. The fee for ~~this~~an A-4 permit is three thousand ~~one~~nine	29723
hundred ~~twenty-five~~six dollars for each plant.	29724

Sec. 4303.06. Permit B-1 may be issued to a wholesale	29725
distributor of beer to purchase from the holders of A-1 permits	29726
and to import and distribute or sell beer for home use and to	29727
retail permit holders under rules adopted by the division of	29728
liquor control. The fee for this permit is ~~two~~three thousand ~~five~~	29729
one hundred twenty-five dollars for each distributing plant or	29730
warehouse during the year covered by the permit.	29731

Sec. 4303.07. Permit B-2 may be issued to a wholesale	29732
distributor of wine to purchase from holders of A-2 and B-5	29733
permits and distribute or sell such product, in the original	29734
container in which it was placed by the B-5 permit holder or	29735
manufacturer at the place where manufactured, to A-1-A, C-2, D-2,	29736
D-3, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g,	29737
D-5h, D-5i, D-5j, D-5k, and E permit holders, and for home use.	29738
The fee for this permit is ~~two~~five hundred ~~fifty~~ dollars for each	29739
distributing plant or warehouse. The initial fee shall be	29740
increased ten cents per wine barrel of fifty gallons for all wine	29741
distributed and sold in this state in excess of twelve hundred	29742
fifty such barrels during the year covered by the permit.	29743

Sec. 4303.08. Permit B-3 may be issued to a wholesale	29744
distributor of wine to bottle, distribute, or sell sacramental	29745
wine for religious rites upon an application signed, dated, and	29746
approved as required by section 4301.23 of the Revised Code. The	29747
fee for this permit is ~~sixty-two~~one hundred twenty-four dollars.	29748

Sec. 4303.09. Permit B-4 may be issued to a wholesale	29749
distributor to purchase from the holders of A-4 permits and to	29750
import, distribute, and sell prepared and bottled highballs,	29751
cocktails, cordials, and other mixed beverages containing not less	29752
than four per cent of alcohol by volume and not more than	29753
twenty-one per cent of alcohol by volume to retail permit holders,	29754
and for home use, under ~~such~~ rules ~~as are~~ adopted by the division	29755
of liquor control. The formula and samples of all such beverages	29756
to be handled by the permit holder ~~must~~shall be submitted to the	29757
division for analysis and the approval of the division before such	29758
beverages may be sold and distributed in this state. All labels	29759
and advertising matter used by the holders of ~~such permits must~~	29760
this permit shall be approved by the division before they may be	29761
used in this state. The fee for this permit shall be computed on	29762
the basis of annual sales, and the initial fee is ~~two~~five hundred	29763
~~fifty~~ dollars for each distributing plant or warehouse. ~~Such~~The	29764
initial fee shall be increased at the rate of ten cents per wine	29765
barrel of fifty gallons for all such beverages distributed and	29766
sold in this state in excess of one thousand such barrels during	29767
the year covered by the permit.	29768

Sec. 4303.10. Permit B-5 may be issued to a wholesale	29769
distributor of wine to purchase wine from the holders of A-2	29770
permits, to purchase and import wine in bond or otherwise, in bulk	29771
or in containers of any size, and to bottle wine for distribution	29772
and sale to holders of A-1-A, B-2, B-3, B-5, C-2, D-2, D-3, D-4,	29773
D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i,	29774
D-5j, D-5k, and E permits and for home use in sealed containers.	29775
No wine shall be bottled by a B-5 permit holder in containers	29776
supplied by any person who intends the wine for home use. The fee	29777
for this permit is one thousand ~~two~~five hundred ~~fifty~~sixty-three	29778
dollars.	29779

Sec. 4303.11. Permit C-1 may be issued to the owner or	29780
operator of a retail store to sell beer in containers and not for	29781
consumption on the premises where sold in original containers	29782
having a capacity of not more than five and one-sixth gallons. The	29783
fee for this permit is ~~one~~two hundred ~~twenty-six~~fifty-two	29784
dollars for each location.	29785

Sec. 4303.12. Permit C-2 may be issued to the owner or	29786
operator of a retail store to sell wine in sealed containers only	29787
and not for consumption on the premises where sold in original	29788
containers. The holder of ~~such~~this permit may also sell and	29789
distribute in original packages and not for consumption on the	29790
premises where sold or for resale, prepared and bottled highballs,	29791
cocktails, cordials, and other mixed beverages manufactured and	29792
distributed by holders of A-4 and B-4 permits, and containing not	29793
less than four per cent of alcohol by volume, and not more than	29794
twenty-one per cent of alcohol by volume. The fee for this permit	29795
is ~~one~~three hundred ~~eighty-eight~~seventy-six dollars for each	29796
location.	29797

Sec. 4303.121. Effective October 1, 1982, permit C-2x shall	29798
be issued to the holder of a C-2 permit who does not also hold a	29799
C-1 permit, to sell beer only not for consumption on the premises	29800
where sold, in original containers having a capacity of not more	29801
than five and one-sixth gallons. Applicants for a C-2 permit as of	29802
October 1, 1982 shall be issued a C-2x permit subject to the	29803
restrictions for the issuance of the C-2 permit. The fee for a	29804
C-2x permit is ~~one~~two hundred ~~twenty-six~~fifty-two dollars.	29805

Sec. 4303.13. Permit D-1 may be issued to the owner or	29806
operator of a hotel or, of a retail food establishment or a food	29807
service operation licensed pursuant to Chapter 3717. of the	29808
Revised Code that operates as a restaurant for purposes of this	29809
chapter, or of a club, amusement park, drugstore, lunch stand,	29810
boat, or vessel, ~~and shall be issued to a person described in~~	29811
~~division (B) of this section,~~ to sell beer at retail either in	29812
glass or container, for consumption on the premises where sold;	29813
and~~, except as otherwise provided in division (B) of this section,~~	29814
to sell beer at retail in other receptacles or in original	29815
containers having a capacity of not more than five and one-sixth	29816
gallons not for consumption on the premises where sold. The fee	29817
for this permit is ~~one~~three hundred ~~eighty-eight~~seventy-six	29818
dollars for each location, boat, or vessel.	29819

Sec. 4303.14. Permit D-2 may be issued to the owner or	29820
operator of a hotel or, of a retail food establishment or a food	29821
service operation licensed pursuant to Chapter 3717. of the	29822
Revised Code that operates as a restaurant for purposes of this	29823
chapter, or of a club, boat, or vessel, to sell wine and prepared	29824
and bottled cocktails, cordials, and other mixed beverages	29825
manufactured and distributed by holders of A-4 and B-4 permits at	29826
retail, either in glass or container, for consumption on the	29827
premises where sold. The holder of ~~such~~this permit may also sell	29828
wine and prepared and bottled cocktails, cordials, and other mixed	29829
beverages in original packages and not for consumption on the	29830
premises where sold or for resale. The fee for this permit is ~~two~~	29831
five hundred ~~eighty-two~~sixty-four dollars for each location,	29832
boat, or vessel.	29833

Sec. 4303.141. Effective October 1, 1982, permit D-2x shall	29834
be issued to the holder of a D-2 permit who does not also hold a	29835
D-1 permit, to sell beer at retail either in glass or container	29836
for consumption on the premises where sold and to sell beer at	29837
retail in other receptacles or original containers having a	29838
capacity of not more than five and one-sixth gallons not for	29839
consumption on the premises where sold. Applicants for a D-2	29840
permit as of October 1, 1982, shall be issued a D-2x permit	29841
subject to the quota restrictions for the issuance of the D-2	29842
permit. The fee for a D-2x permit is ~~one~~three hundred	29843
~~eighty-eight~~seventy-six dollars.	29844

Sec. 4303.15. Permit D-3 may be issued to the owner or	29845
operator of a hotel or, of a retail food establishment or a food	29846
service operation licensed pursuant to Chapter 3717. of the	29847
Revised Code that operates as a restaurant for purposes of this	29848
chapter, or of a club, boat, or vessel, to sell spirituous liquor	29849
at retail, only by the individual drink in glass or from the	29850
container, for consumption on the premises where sold. No sales of	29851
intoxicating liquor shall be made by a holder of a D-3 permit	29852
after one a.m. The fee for this permit is ~~six~~seven hundred fifty	29853
dollars for each location, boat, or vessel.	29854

Sec. 4303.151. On October 1, 1982, permit D-3x shall be	29855
issued to the holder of a D-3 permit, to sell wine by the	29856
individual drink in glass or from the container, for consumption	29857
on the premises where sold. Applications for a D-3 permit on	29858
October 1, 1982, may be issued a D-3x permit subject to the quota	29859
restrictions for the issuance of a D-3 permit. The fee for a D-3x	29860
permit is ~~one~~three hundred ~~fifty~~ dollars.	29861

Sec. 4303.16. Permit D-3a may be issued to the holder of a	29862
D-3 permit whenever ~~his~~the holder's place of business is operated	29863
after one a.m. and spirituous liquor is sold or consumed after	29864
~~such~~that hour. The holder of such permit may sell spirituous	29865
liquor during the same hours as the holders of D-5 permits under	29866
this chapter and Chapter 4301. of the Revised Code or the rules of	29867
the liquor control commission. The fee for a D-3a permit is ~~seven~~	29868
nine hundred ~~fifty~~thirty-eight dollars in addition to the fee	29869
required for a D-3 permit.	29870

If the holder of a D-3a permit is also the holder of a D-1	29871
permit, hethe holder may sell beer after one a.m. and during the	29872
same hours as the holder of a D-5 permit. If the holder of a D-3a	29873
permit is also the holder of a D-2 permit, hethe holder may sell	29874
intoxicating liquor after one a.m. and during the same hours as	29875
the holder of a D-5 permit. The holder of a D-3a permit may	29876
furnish music and entertainment to ~~his~~the holder's patrons,	29877
subject to the same rules as govern D-5 permit holders.	29878

Sec. 4303.17. Permit D-4 may be issued to a club ~~which~~that	29879
has been in existence for three years or more prior to the	29880
issuance of ~~such~~the permit to sell beer and any intoxicating	29881
liquor to its members only, in glass or container, for consumption	29882
on the premises where sold. The fee for this permit is ~~three~~four	29883
hundred ~~seventy-five~~sixty-nine dollars. No such permit shall be	29884
granted or retained until all elected officers of such	29885
organization controlling such club have filed with the division of	29886
liquor control a statement certifying that such club is operated	29887
in the interest of the membership of a reputable organization,	29888
which is maintained by a dues paying membership, setting forth the	29889
amount of initiation fee and yearly dues. All such matters shall	29890
be contained in a statement signed under oath and accompanied by a	29891
surety bond in the sum of one thousand dollars. Such bond shall be	29892
declared forfeited in the full amount of the penal sum of the bond	29893
for any false statement contained in such certificate and the	29894
surety shall pay the amount of the bond to the division. The	29895
roster of membership of a D-4 permit holder shall be submitted	29896
under oath on the request of the superintendent of liquor control.	29897
Any information acquired by the superintendent or the division	29898
with respect to such membership shall not be open to public	29899
inspection or examination and may be divulged by the	29900
superintendent and the division only in hearings before the liquor	29901
control commission or in a court action in which the division or	29902
the superintendent is named a party.	29903

The requirement that a club shall have been in existence for	29904
three years in order to qualify for a D-4 permit does not apply to	29905
units of organizations chartered by congress or to a subsidiary	29906
unit of a national fraternal organization if the parent	29907
organization has been in existence for three years or more at the	29908
time application for a permit is made by such unit.	29909

No rule or order of the division or commission shall prohibit	29910
a charitable organization that holds a D-4 permit from selling or	29911
serving beer or intoxicating liquor under its permit in a portion	29912
of its premises merely because that portion of its premises is	29913
used at other times for the conduct of a charitable bingo game.	29914
However, such an organization shall not sell or serve beer or	29915
intoxicating liquor or permit beer or intoxicating liquor to be	29916
consumed or seen in the same location in its premises where a	29917
charitable bingo game is being conducted while the game is being	29918
conducted. As used in this section, "charitable organization" ~~has~~	29919
~~the same meaning as in division (H) of section 2915.01~~ and	29920
"charitable bingo game" ~~has~~have the same ~~meaning~~meanings as in	29921
~~division (R) of~~ section 2915.01 of the Revised Code.	29922

Sec. 4303.171. Permit D-4a may be issued to an airline	29923
company ~~which~~that leases and operates a premises exclusively for	29924
the benefit of the members and their guests of a private club	29925
sponsored by the airline company, at a publicly owned airport, as	29926
defined in section 4563.01 of the Revised Code, at which	29927
commercial airline companies operate regularly scheduled flights	29928
on which space is available to the public, to sell beer and any	29929
intoxicating liquor to members of the private club and their	29930
guests, only by the individual drink in glass and from the	29931
container, for consumption on the premises where sold. In addition	29932
to the privileges authorized in this section, the holder of a D-4a	29933
permit may exercise the same privileges as a holder of a D-4	29934
permit. The holder of a D-4a permit shall make no sales of beer or	29935
intoxicating liquor after two-thirty a.m.	29936

A D-4a permit shall not be transferred to another location.	29937
No quota restriction shall be placed upon the number of such	29938
permits which may be issued.	29939

The fee for this permit is ~~six~~seven hundred fifty dollars.

29940

Sec. 4303.18. Permit D-5 may be issued to the owner or	29941
operator of a retail food establishment or a food service	29942
operation licensed pursuant to Chapter 3717. of the Revised Code	29943
that operates as a restaurant or night club for purposes of this	29944
chapter, to sell beer and any intoxicating liquor at retail, only	29945
by the individual drink in glass and from the container, for	29946
consumption on the premises where sold, and to sell the same	29947
products in the same manner and amounts not for consumption on the	29948
premises as may be sold by holders of D-1 and D-2 permits. A	29949
person who is the holder of both a D-3 and D-3a permit need not	29950
obtain a D-5 permit. The fee for this permit is ~~one~~two thousand	29951
~~eight~~three hundred ~~seventy-five~~forty-four dollars.	29952

Sec. 4303.181. (A) Permit D-5a may be issued either to the	29953
owner or operator of a hotel or motel that is required to be	29954
licensed under section 3731.03 of the Revised Code, that contains	29955
at least fifty rooms for registered transient guests, and that	29956
qualifies under the other requirements of this section, or to the	29957
owner or operator of a restaurant specified under this section, to	29958
sell beer and any intoxicating liquor at retail, only by the	29959
individual drink in glass and from the container, for consumption	29960
on the premises where sold, and to registered guests in their	29961
rooms, which may be sold by means of a controlled access alcohol	29962
and beverage cabinet in accordance with division (B) of section	29963
4301.21 of the Revised Code; and to sell the same products in the	29964
same manner and amounts not for consumption on the premises as may	29965
be sold by holders of D-1 and D-2 permits. The premises of the	29966
hotel or motel shall include a retail food establishment or a food	29967
service operation licensed pursuant to Chapter 3717. of the	29968
Revised Code that operates as a restaurant for purposes of this	29969
chapter and that is affiliated with the hotel or motel and within	29970
or contiguous to the hotel or motel, and that serves food within	29971
the hotel or motel, but the principal business of the owner or	29972
operator of the hotel or motel shall be the accommodation of	29973
transient guests. In addition to the privileges authorized in this	29974
division, the holder of a D-5a permit may exercise the same	29975
privileges as the holder of a D-5 permit.	29976

The owner or operator of a hotel, motel, or restaurant who	29977
qualified for and held a D-5a permit on August 4, 1976, may, if	29978
the owner or operator held another permit before holding a D-5a	29979
permit, either retain a D-5a permit or apply for the permit	29980
formerly held, and the division of liquor control shall issue the	29981
permit for which the owner or operator applies and formerly held,	29982
notwithstanding any quota.	29983

A D-5a permit shall not be transferred to another location.	29984
No quota restriction shall be placed on the number of such permits	29985
that may be issued.	29986

The fee for this permit is ~~one~~two thousand ~~eight~~three	29987
hundred ~~seventy-five~~forty-four dollars.	29988

(B) Permit D-5b may be issued to the owner, operator, tenant,	29989
lessee, or occupant of an enclosed shopping center to sell beer	29990
and intoxicating liquor at retail, only by the individual drink in	29991
glass and from the container, for consumption on the premises	29992
where sold; and to sell the same products in the same manner and	29993
amount not for consumption on the premises as may be sold by	29994
holders of D-1 and D-2 permits. In addition to the privileges	29995
authorized in this division, the holder of a D-5b permit may	29996
exercise the same privileges as a holder of a D-5 permit.	29997

A D-5b permit shall not be transferred to another location.

29998

One D-5b permit may be issued at an enclosed shopping center	29999
containing at least two hundred twenty-five thousand, but less	30000
than four hundred thousand, square feet of floor area.	30001

Two D-5b permits may be issued at an enclosed shopping center	30002
containing at least four hundred thousand square feet of floor	30003
area. No more than one D-5b permit may be issued at an enclosed	30004
shopping center for each additional two hundred thousand square	30005
feet of floor area or fraction of that floor area, up to a maximum	30006
of five D-5b permits for each enclosed shopping center. The number	30007
of D-5b permits that may be issued at an enclosed shopping center	30008
shall be determined by subtracting the number of D-3 and D-5	30009
permits issued in the enclosed shopping center from the number of	30010
D-5b permits that otherwise may be issued at the enclosed shopping	30011
center under the formulas provided in this division. Except as	30012
provided in this section, no quota shall be placed on the number	30013
of D-5b permits that may be issued. Notwithstanding any quota	30014
provided in this section, the holder of any D-5b permit first	30015
issued in accordance with this section is entitled to its renewal	30016
in accordance with section 4303.271 of the Revised Code.	30017

The holder of a D-5b permit issued before April 4, 1984,	30018
whose tenancy is terminated for a cause other than nonpayment of	30019
rent, may return the D-5b permit to the division of liquor	30020
control, and the division shall cancel that permit. Upon	30021
cancellation of that permit and upon the permit holder's payment	30022
of taxes, contributions, premiums, assessments, and other debts	30023
owing or accrued upon the date of cancellation to this state and	30024
its political subdivisions and a filing with the division of a	30025
certification of that payment, the division shall issue to that	30026
person either a D-5 permit, or a D-1, a D-2, and a D-3 permit, as	30027
that person requests. The division shall issue the D-5 permit, or	30028
the D-1, D-2, and D-3 permits, even if the number of D-1, D-2,	30029
D-3, or D-5 permits currently issued in the municipal corporation	30030
or in the unincorporated area of the township where that person's	30031
proposed premises is located equals or exceeds the maximum number	30032
of such permits that can be issued in that municipal corporation	30033
or in the unincorporated area of that township under the	30034
population quota restrictions contained in section 4303.29 of the	30035
Revised Code. Any D-1, D-2, D-3, or D-5 permit so issued shall not	30036
be transferred to another location. If a D-5b permit is canceled	30037
under the provisions of this paragraph, the number of D-5b permits	30038
that may be issued at the enclosed shopping center for which the	30039
D-5b permit was issued, under the formula provided in this	30040
division, shall be reduced by one if the enclosed shopping center	30041
was entitled to more than one D-5b permit under the formula.	30042

The fee for this permit is ~~one~~two thousand ~~eight~~three	30043
hundred ~~seventy-five~~forty-four dollars.	30044

(C) Permit D-5c may be issued to the owner or operator of a	30045
retail food establishment or a food service operation licensed	30046
pursuant to Chapter 3717. of the Revised Code that operates as a	30047
restaurant for purposes of this chapter and that qualifies under	30048
the other requirements of this section to sell beer and any	30049
intoxicating liquor at retail, only by the individual drink in	30050
glass and from the container, for consumption on the premises	30051
where sold, and to sell the same products in the same manner and	30052
amounts not for consumption on the premises as may be sold by	30053
holders of D-1 and D-2 permits. In addition to the privileges	30054
authorized in this division, the holder of a D-5c permit may	30055
exercise the same privileges as the holder of a D-5 permit.	30056

To qualify for a D-5c permit, the owner or operator of a	30057
retail food establishment or a food service operation licensed	30058
pursuant to Chapter 3717. of the Revised Code that operates as a	30059
restaurant for purposes of this chapter, shall have operated the	30060
restaurant at the proposed premises for not less than twenty-four	30061
consecutive months immediately preceding the filing of the	30062
application for the permit, have applied for a D-5 permit no later	30063
than December 31, 1988, and appear on the division's quota waiting	30064
list for not less than six months immediately preceding the filing	30065
of the application for the permit. In addition to these	30066
requirements, the proposed D-5c permit premises shall be located	30067
within a municipal corporation and further within an election	30068
precinct that, at the time of the application, has no more than	30069
twenty-five per cent of its total land area zoned for residential	30070
use.	30071

A D-5c permit shall not be transferred to another location.	30072
No quota restriction shall be placed on the number of such permits	30073
that may be issued.	30074

Any person who has held a D-5c permit for at least two years	30075
may apply for a D-5 permit, and the division of liquor control	30076
shall issue the D-5 permit notwithstanding the quota restrictions	30077
contained in section 4303.29 of the Revised Code or in any rule of	30078
the liquor control commission.	30079

The fee for this permit is one thousand ~~two~~five hundred	30080
~~fifty~~sixty-three dollars.	30081

(D) Permit D-5d may be issued to the owner or operator of a	30082
retail food establishment or a food service operation licensed	30083
pursuant to Chapter 3717. of the Revised Code that operates as a	30084
restaurant for purposes of this chapter and that is located at an	30085
airport operated by a board of county commissioners pursuant to	30086
section 307.20 of the Revised Code, at an airport operated by a	30087
port authority pursuant to Chapter 4582. of the Revised Code, or	30088
at an airport operated by a regional airport authority pursuant to	30089
Chapter 308. of the Revised Code. The holder of a D-5d permit may	30090
sell beer and any intoxicating liquor at retail, only by the	30091
individual drink in glass and from the container, for consumption	30092
on the premises where sold, and may sell the same products in the	30093
same manner and amounts not for consumption on the premises where	30094
sold as may be sold by the holders of D-1 and D-2 permits. In	30095
addition to the privileges authorized in this division, the holder	30096
of a D-5d permit may exercise the same privileges as the holder of	30097
a D-5 permit.	30098

A D-5d permit shall not be transferred to another location.	30099
No quota restrictions shall be placed on the number of such	30100
permits that may be issued.	30101

The fee for this permit is ~~one~~two thousand ~~eight~~three	30102
hundred ~~seventy-five~~forty-four dollars.	30103

(E) Permit D-5e may be issued to any nonprofit organization	30104
that is exempt from federal income taxation under the "Internal	30105
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	30106
amended, or that is a charitable organization under any chapter of	30107
the Revised Code, and that owns or operates a riverboat that meets	30108
all of the following:	30109

(1) Is permanently docked at one location;

30110

(2) Is designated as an historical riverboat by the Ohio	30111
historical society;	30112

(3) Contains not less than fifteen hundred square feet of	30113
floor area;	30114

(4) Has a seating capacity of fifty or more persons.

30115

The holder of a D-5e permit may sell beer and intoxicating	30116
liquor at retail, only by the individual drink in glass and from	30117
the container, for consumption on the premises where sold.	30118

A D-5e permit shall not be transferred to another location.	30119
No quota restriction shall be placed on the number of such permits	30120
that may be issued. The population quota restrictions contained in	30121
section 4303.29 of the Revised Code or in any rule of the liquor	30122
control commission shall not apply to this division, and the	30123
division shall issue a D-5e permit to any applicant who meets the	30124
requirements of this division. However, the division shall not	30125
issue a D-5e permit if the permit premises or proposed permit	30126
premises are located within an area in which the sale of	30127
spirituous liquor by the glass is prohibited.	30128

The fee for this permit is ~~nine~~one thousand two hundred	30129
~~seventy-five~~nineteen dollars.	30130

(F) Permit D-5f may be issued to the owner or operator of a	30131
retail food establishment or a food service operation licensed	30132
under Chapter 3717. of the Revised Code that operates as a	30133
restaurant for purposes of this chapter and that meets all of the	30134
following:	30135

(1) It contains not less than twenty-five hundred square feet	30136
of floor area.	30137

(2) It is located on or in, or immediately adjacent to, the	30138
shoreline of, a navigable river.	30139

(3) It provides docking space for twenty-five boats.

30140

(4) It provides entertainment and recreation, provided that	30141
not less than fifty per cent of the business on the permit	30142
premises shall be preparing and serving meals for a consideration.	30143

In addition, each application for a D-5f permit shall be	30144
accompanied by a certification from the local legislative	30145
authority that the issuance of the D-5f permit is not inconsistent	30146
with that political subdivision's comprehensive development plan	30147
or other economic development goal as officially established by	30148
the local legislative authority.	30149

The holder of a D-5f permit may sell beer and intoxicating	30150
liquor at retail, only by the individual drink in glass and from	30151
the container, for consumption on the premises where sold.	30152

A D-5f permit shall not be transferred to another location.

30153

The division of liquor control shall not issue a D-5f permit	30154
if the permit premises or proposed permit premises are located	30155
within an area in which the sale of spirituous liquor by the glass	30156
is prohibited.	30157

A fee for this permit is ~~one~~two thousand ~~eight~~three hundred	30158
~~seventy-five~~forty-four dollars.	30159

As used in this division, "navigable river" means a river	30160
that is also a "navigable water" as defined in the "Federal Power	30161
Act," 94 Stat. 770 (1980), 16 U.S.C. 796.	30162

(G) Permit D-5g may be issued to a nonprofit corporation that	30163
is either the owner or the operator of a national professional	30164
sports museum. The holder of a D-5g permit may sell beer and any	30165
intoxicating liquor at retail, only by the individual drink in	30166
glass and from the container, for consumption on the premises	30167
where sold. The holder of a D-5g permit shall sell no beer or	30168
intoxicating liquor for consumption on the premises where sold	30169
after one a.m. A D-5g permit shall not be transferred to another	30170
location. No quota restrictions shall be placed on the number of	30171
D-5g permits that may be issued. The fee for this permit is one	30172
thousand ~~five~~eight hundred seventy-five dollars.	30173

(H) Permit D-5h may be issued to any nonprofit organization	30174
that is exempt from federal income taxation under the "Internal	30175
Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 501(c)(3), as	30176
amended, that owns or operates a fine arts museum and has no less	30177
than five thousand bona fide members possessing full membership	30178
privileges. The holder of a D-5h permit may sell beer and any	30179
intoxicating liquor at retail, only by the individual drink in	30180
glass and from the container, for consumption on the premises	30181
where sold. The holder of a D-5h permit shall sell no beer or	30182
intoxicating liquor for consumption on the premises where sold	30183
after one a.m. A D-5h permit shall not be transferred to another	30184
location. No quota restrictions shall be placed on the number of	30185
D-5h permits that may be issued. The fee for this permit is one	30186
thousand ~~five~~eight hundred seventy-five dollars.	30187

(I) Permit D-5i may be issued to the owner or operator of a	30188
retail food establishment or a food service operation licensed	30189
under Chapter 3717. of the Revised Code that operates as a	30190
restaurant for purposes of this chapter and that meets all of the	30191
following requirements:	30192

(1) It is located in a municipal corporation or a township	30193
with a population of fifty thousand or less.	30194

(2) It has inside seating capacity for at least one hundred	30195
forty persons.	30196

(3) It has at least four thousand square feet of floor area.

30197

(4) It offers full-course meals, appetizers, and sandwiches.

30198

(5) Its receipts from beer and liquor sales do not exceed	30199
twenty-five per cent of its total gross receipts.	30200

(6) The value of its real and personal property exceeds seven	30201
hundred twenty-five thousand dollars.	30202

The holder of a D-5i permit shall cause an independent audit	30203
to be performed at the end of one full year of operation following	30204
issuance of the permit in order to verify the requirements of	30205
division (I)(5) of this section. The results of the independent	30206
audit shall be transmitted to the division. Upon determining that	30207
the receipts of the holder from beer and liquor sales exceeded	30208
twenty-five per cent of its total gross receipts, the division	30209
shall suspend the permit of the permit holder under section	30210
4301.25 of the Revised Code and may allow the permit holder to	30211
elect a forfeiture under section 4301.252 of the Revised Code.	30212

The holder of a D-5i permit may sell beer and any	30213
intoxicating liquor at retail, only by the individual drink in	30214
glass and from the container, for consumption on the premises	30215
where sold, and may sell the same products in the same manner and	30216
amounts not for consumption on the premises where sold as may be	30217
sold by the holders of D-1 and D-2 permits. The holder of a D-5i	30218
permit shall sell no beer or intoxicating liquor for consumption	30219
on the premises where sold after two-thirty a.m. In addition to	30220
the privileges authorized in this division, the holder of a D-5i	30221
permit may exercise the same privileges as the holder of a D-5	30222
permit.	30223

A D-5i permit shall not be transferred to another location.	30224
The division of liquor control shall not renew a D-5i permit	30225
unless the food service operation for which it is issued continues	30226
to meet the requirements described in divisions (I)(1) to (6) of	30227
this section. No quota restrictions shall be placed on the number	30228
of D-5i permits that may be issued. The fee for this permit is ~~one~~	30229
two thousand ~~eight~~three hundred ~~seventy-five~~forty-four dollars.	30230

(J)(1) Permit D-5j may be issued to the owner or the operator	30231
of a retail food establishment or a food service operation	30232
licensed under Chapter 3717. of the Revised Code to sell beer and	30233
intoxicating liquor at retail, only by the individual drink in	30234
glass and from the container, for consumption on the premises	30235
where sold and to sell beer and intoxicating liquor in the same	30236
manner and amounts not for consumption on the premises where sold	30237
as may be sold by the holders of D-1 and D-2 permits. The holder	30238
of a D-5j permit may exercise the same privileges, and shall	30239
observe the same hours of operation, as the holder of a D-5	30240
permit.	30241

(2) The D-5j permit shall be issued only within a community	30242
entertainment district that is designated under section 4301.80 of	30243
the Revised Code and that is located in a municipal corporation	30244
with a population of at least one hundred thousand.	30245

(3) The location of a D-5j permit may be transferred only	30246
within the geographic boundaries of the community entertainment	30247
district in which it was issued and shall not be transferred	30248
outside the geographic boundaries of that district.	30249

(4) Not more than one D-5j permit shall be issued within each	30250
community entertainment district for each five acres of land	30251
located within the district. Not more than fifteen D-5j permits	30252
may be issued within a single community entertainment district.	30253
Except as otherwise provided in division (J)(4) of this section,	30254
no quota restrictions shall be placed upon the number of D-5j	30255
permits that may be issued.	30256

(5) The fee for a D-5j permit is ~~one~~two thousand ~~eight~~three	30257
hundred ~~seventy-five~~forty-four dollars.	30258

(K)(1) Permit D-5k may be issued to any nonprofit	30259
organization that is exempt from federal income taxation under the	30260
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	30261
501(c)(3), as amended, that is the owner or operator of a	30262
botanical garden recognized by the American association of	30263
botanical gardens and arboreta, and that has not less than	30264
twenty-five hundred bona fide members.	30265

(2) The holder of a D-5k permit may sell beer and any	30266
intoxicating liquor at retail, only by the individual drink in	30267
glass and from the container, on the premises where sold.	30268

(3) The holder of a D-5k permit shall sell no beer or	30269
intoxicating liquor for consumption on the premises where sold	30270
after one a.m.	30271

(4) A D-5k permit shall not be transferred to another	30272
location.	30273

(5) No quota restrictions shall be placed on the number of	30274
D-5k permits that may be issued.	30275

(6) The fee for the D-5k permit is one thousand ~~five~~eight	30276
hundred seventy-five dollars.	30277

Sec. 4303.182. (A) Except as otherwise provided in divisions	30278
(B) to (G) of this section, permit D-6 shall be issued to the	30279
holder of an A-1-A, A-2, C-2, D-2, D-3, D-4, D-4a, D-5, D-5a,	30280
D-5b, D-5c, D-5d, D-5e, D-5f, D-5g, D-5h, D-5i, D-5j, D-5k, or D-7	30281
permit to allow sale under that permit between the hours of ten	30282
a.m. and midnight, or between the hours of one p.m. and midnight,	30283
on Sunday, as applicable, if that sale has been authorized under	30284
section 4301.361, 4301.364, 4301.365, or 4301.366 of the Revised	30285
Code and under the restrictions of that authorization.	30286

(B) Permit D-6 shall be issued to the holder of any permit,	30287
including a D-4a and D-5d permit, authorizing the sale of	30288
intoxicating liquor issued for a premises located at any publicly	30289
owned airport, as defined in section 4563.01 of the Revised Code,	30290
at which commercial airline companies operate regularly scheduled	30291
flights on which space is available to the public, to allow sale	30292
under such permit between the hours of ten a.m. and midnight on	30293
Sunday, whether or not that sale has been authorized under section	30294
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	30295

(C) Permit D-6 shall be issued to the holder of a D-5a	30296
permit, and to the holder of a D-3 or D-3a permit who is the owner	30297
or operator of a hotel or motel that is required to be licensed	30298
under section 3731.03 of the Revised Code, that contains at least	30299
fifty rooms for registered transient guests, and that has on its	30300
premises a retail food establishment or a food service operation	30301
licensed pursuant to Chapter 3717. of the Revised Code that	30302
operates as a restaurant for purposes of this chapter and is	30303
affiliated with the hotel or motel and within or contiguous to the	30304
hotel or motel and serving food within the hotel or motel, to	30305
allow sale under such permit between the hours of ten a.m. and	30306
midnight on Sunday, whether or not that sale has been authorized	30307
under section 4301.361, 4301.364, 4301.365, or 4301.366 of the	30308
Revised Code.	30309

(D) The holder of a D-6 permit that is issued to a sports	30310
facility may make sales under the permit between the hours of	30311
eleven a.m. and midnight on any Sunday on which a professional	30312
baseball, basketball, football, hockey, or soccer game is being	30313
played at the sports facility. As used in this division, "sports	30314
facility" means a stadium or arena that has a seating capacity of	30315
at least four thousand and that is owned or leased by a	30316
professional baseball, basketball, football, hockey, or soccer	30317
franchise or any combination of those franchises.	30318

(E) Permit D-6 shall be issued to the holder of any permit	30319
that authorizes the sale of beer or intoxicating liquor and that	30320
is issued to a premises located in or at the Ohio historical	30321
society area or the state fairgrounds, as defined in division (B)	30322
of section 4301.40 of the Revised Code, to allow sale under that	30323
permit between the hours of ten a.m. and midnight on Sunday,	30324
whether or not that sale has been authorized under section	30325
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	30326

(F) Permit D-6 shall be issued to the holder of any permit	30327
that authorizes the sale of intoxicating liquor and that is issued	30328
to an outdoor performing arts center to allow sale under that	30329
permit between the hours of one p.m. and midnight on Sunday,	30330
whether or not that sale has been authorized under section	30331
4301.361 of the Revised Code. A D-6 permit issued under this	30332
division is subject to the results of an election, held after the	30333
D-6 permit is issued, on question (B)(4) as set forth in section	30334
4301.351 of the Revised Code. Following the end of the period	30335
during which an election may be held on question (B)(4) as set	30336
forth in that section, sales of intoxicating liquor may continue	30337
at an outdoor performing arts center under a D-6 permit issued	30338
under this division, unless an election on that question is held	30339
during the permitted period and a majority of the voters voting in	30340
the precinct on that question vote "no."	30341

As used in this division, "outdoor performing arts center"	30342
means an outdoor performing arts center that is located on not	30343
less than eight hundred acres of land and that is open for	30344
performances from the first day of April to the last day of	30345
October of each year.	30346

(G) Permit D-6 shall be issued to the holder of any permit	30347
that authorizes the sale of beer or intoxicating liquor and that	30348
is issued to a golf course owned by the state, a conservancy	30349
district, a park district created under Chapter 1545. of the	30350
Revised Code, or another political subdivision to allow sale under	30351
that permit between the hours of ten a.m. and midnight on Sunday,	30352
whether or not that sale has been authorized under section	30353
4301.361, 4301.364, 4301.365, or 4301.366 of the Revised Code.	30354

(H) If the restriction to licensed premises where the sale of	30355
food and other goods and services exceeds fifty per cent of the	30356
total gross receipts of the permit holder at the premises is	30357
applicable, the division of liquor control may accept an affidavit	30358
from the permit holder to show the proportion of the permit	30359
holder's gross receipts derived from the sale of food and other	30360
goods and services. If the liquor control commission determines	30361
that affidavit to have been false, it shall revoke the permits of	30362
the permit holder at the premises concerned.	30363

(I) The fee for the D-6 permit is ~~two~~five hundred ~~fifty~~	30364
dollars when it is issued to the holder of an A-1-A, A-2, D-2,	30365
D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, D-5e, D-5f,	30366
D-5g, D-5h, D-5i, D-5j, D-5k, or D-7 permit. The fee for the D-6	30367
permit is ~~two~~four hundred dollars when it is issued to the holder	30368
of a C-2 permit.	30369

Sec. 4303.183. Permit D-7 may be issued to the holder of any	30370
D-2 permit issued by the division of liquor control, or if there	30371
is an insufficient number of D-2 permit holders to fill the resort	30372
quota, to the operator of a retail food establishment or a food	30373
service operation required to be licensed under Chapter 3717. of	30374
the Revised Code that operates as a restaurant for purposes of	30375
this chapter and which qualifies under the other requirements of	30376
this section, to sell beer and any intoxicating liquor at retail,	30377
only by the individual drink in glass and from the container, for	30378
consumption on the premises where sold. Not less than fifty per	30379
cent of the business on the permit premises shall be preparing and	30380
serving meals for a consideration in order to qualify for and	30381
continue to hold such D-7 permit. The permit premises shall be	30382
located in a resort area.	30383

"Resort area" means a municipal corporation, township,	30384
county, or any combination thereof, which provides entertainment,	30385
recreation, and transient housing facilities specifically intended	30386
to provide leisure time activities for persons other than those	30387
whose permanent residence is within the "resort area" and who	30388
increase the population of the "resort area" on a seasonal basis,	30389
and which experiences seasonal peaks of employment and	30390
governmental services as a direct result of population increase	30391
generated by the transient, recreating public. A resort season	30392
shall begin on the first day of May and end on the last day of	30393
October. Notwithstanding section 4303.27 of the Revised Code, such	30394
permits may be issued for resort seasons without regard to the	30395
calendar year or permit year. Quota restrictions on the number of	30396
such permits shall take into consideration the transient	30397
population during the resort season, the custom and habits of	30398
visitors and tourists, and the promotion of the resort and tourist	30399
industry. The fee for this permit is ~~three~~four hundred	30400
~~seventy-five~~sixty-nine dollars per month.	30401

Any suspension of a D-7 permit shall be satisfied during the	30402
resort season in which such suspension becomes final. If such	30403
suspension becomes final during the off-season, or if the period	30404
of the suspension extends beyond the last day of October, the	30405
suspension or remainder thereof shall be satisfied during the next	30406
resort season.	30407

The ownership of a D-7 permit may be transferred from one	30408
permit holder to another. The holder of a D-7 permit may file an	30409
application to transfer such permit to a new location within the	30410
same resort area, provided that such permit holder shall be the	30411
owner or operator of a retail food establishment or a food service	30412
operation, required to be licensed under Chapter 3717. of the	30413
Revised Code, that operates as a restaurant for purposes of this	30414
chapter, at such new location.	30415

Sec. 4303.184. (A) Subject to division (B) of this section,	30416
a D-8 permit may be issued to the holder of a C-1, C-2, or C-2x	30417
permit issued to a retail store that has either of the following	30418
characteristics:	30419

(1) The store has at least five thousand five hundred square	30420
feet of floor area, and it generates more than sixty per cent of	30421
its sales in general merchandise items and food for consumption	30422
off the premises where sold.	30423

(2) Wine constitutes at least sixty per cent of the value of	30424
the store's inventory.	30425

(B) A D-8 permit may be issued to the holder of a C-1, C-2,	30426
or C-2x permit only if the premises of the permit holder are	30427
located in a precinct, or at a particular location in a precinct,	30428
in which the sale of beer, wine, or mixed beverages is permitted	30429
for consumption off the premises where sold. Sales under a D-8	30430
permit are not affected by whether sales for consumption on the	30431
premises where sold are permitted in the precinct or at the	30432
particular location where the D-8 premises are located.	30433

(C) The holder of a D-8 permit may sell tasting samples of	30434
beer, wine, and mixed beverages, but not spirituous liquor, at	30435
retail, for consumption on the premises where sold in an amount	30436
not to exceed two ounces or another amount designated by rule of	30437
the liquor control commission. A tasting sample shall not be sold	30438
for general consumption. No D-8 permit holder shall allow any	30439
authorized purchaser to consume more than four tasting samples of	30440
beer, wine, or mixed beverages, or any combination of beer, wine,	30441
or mixed beverages, per day.	30442

(D) The privileges authorized under a D-8 permit may only be	30443
exercised in conjunction with and during the hours of operation	30444
authorized by a C-1, C-2, C-2x, or D-6 permit.	30445

(E) A D-8 permit shall not be transferred to another	30446
location.	30447

(F) The fee for the D-8 permit is ~~two~~five hundred ~~fifty~~	30448
dollars.	30449

(G) The holder of a D-8 permit shall cause an independent	30450
audit to be performed at the end of the first full year of	30451
operation following issuance of the permit, and at the end of each	30452
second year thereafter, in order to verify that the permit holder	30453
satisfies the applicable requirement of division (A)(1) or (2) of	30454
this section. The permit holder shall transmit the results of the	30455
independent audit to the division of liquor control. If the	30456
results of the audit indicate noncompliance with division (A) of	30457
this section, the division shall not renew the D-8 permit of the	30458
permit holder.	30459

Sec. 4303.19. Permit E may be issued to the owner or	30460
operator of any railroad, a sleeping car company operating dining	30461
cars, buffet cars, club cars, lounge cars, or similar equipment,	30462
or an airline providing charter or regularly scheduled aircraft	30463
transportation service with dining, buffet, club, lounge, or	30464
similar facilities, to sell beer or any intoxicating liquor in any	30465
such car or aircraft to bona fide passengers at retail in glass	30466
and from the container for consumption in such car or aircraft,	30467
including sale on Sunday between the hours of one p.m. and	30468
midnight. The fee for this permit is ~~two~~five hundred ~~fifty~~	30469
dollars.	30470

Sec. 4303.20. Permit F may be issued to an association of	30471
ten or more persons, a labor union, or a charitable organization,	30472
or to an employer of ten or more persons sponsoring a function for	30473
~~his~~the employer's employees, to purchase from the holders of A-1	30474
and B-1 permits and to sell beer for a period lasting not to	30475
exceed five days. No more than two such permits may be issued to	30476
the same applicant in any thirty-day period.	30477

The special function for which ~~such~~the permit is issued	30478
shall include a social, recreational, benevolent, charitable,	30479
fraternal, political, patriotic, or athletic purpose but shall not	30480
include any function the proceeds of which are for the profit or	30481
gain of any individual. The fee for this permit is ~~twenty~~forty	30482
dollars.	30483

Sec. 4303.201. (A) As used in this section:

30484

(1) "Convention facility" means any structure owned or leased	30485
by a municipal corporation or county which was expressly designed	30486
and constructed and is currently used for the purpose of	30487
presenting conventions, public meetings, and exhibitions.	30488

(2) "Nonprofit organization" means any unincorporated	30489
association or nonprofit corporation that is not formed for the	30490
pecuniary gain or profit of, and whose net earnings or any part	30491
thereof is not distributable to, its members, trustees, officers,	30492
or other private persons; provided, that the payment of reasonable	30493
compensation for services rendered and the distribution of assets	30494
on dissolution shall not be considered pecuniary gain or profit or	30495
distribution of earnings in an association or corporation all of	30496
whose members are nonprofit corporations. Distribution of earnings	30497
to member organizations does not deprive it of the status of a	30498
nonprofit organization.	30499

(B) An F-1 permit may be issued to any nonprofit organization	30500
to allow the nonprofit organization and its members and their	30501
guests to lawfully bring beer, wine, and intoxicating liquor in	30502
its original package, flasks, or other containers into a	30503
convention facility for consumption therein, if both of the	30504
following requirements are met:	30505

(1) The superintendent of liquor control is satisfied the	30506
organization meets the definition of a nonprofit organization as	30507
set forth in division (A)(2) of this section, the nonprofit	30508
organization's membership includes persons residing in two or more	30509
states, and the organization's total membership is in excess of	30510
five hundred. The superintendent may accept a sworn statement by	30511
the president or other chief executive officer of the nonprofit	30512
organization as proof of the matters required in this division.	30513

(2) The managing official or employee of the convention	30514
facility has given written consent to the use of the convention	30515
facility and to the application for the F-1 permit, as shown in	30516
the nonprofit organization's application to the superintendent.	30517

(C) The superintendent shall specify individually the	30518
effective period of each F-1 permit on the permit, which shall not	30519
exceed three days. The fee for an F-1 permit is ~~one~~two hundred	30520
~~twenty-five~~fifty dollars. The superintendent shall prepare and	30521
make available application forms to request F-1 permits and may	30522
require applicants to furnish such information as the	30523
superintendent determines to be necessary for the administration	30524
of this section.	30525

(D) No holder of an F-1 permit shall make a specific charge	30526
for beer, wine, or intoxicating liquor by the drink, or in its	30527
original package, flasks, or other containers in connection with	30528
its use of the convention facility under the permit.	30529

Sec. 4303.202. (A) The division of liquor control may issue	30530
an F-2 permit to an association or corporation, or to a recognized	30531
subordinate lodge, chapter, or other local unit of an association	30532
or corporation, to sell beer or intoxicating liquor by the	30533
individual drink at an event to be held on premises located in a	30534
political subdivision or part thereof where the sale of beer or	30535
intoxicating liquor on that day is otherwise permitted by law.	30536

The division of liquor control may issue an F-2 permit to an	30537
association or corporation, or to a recognized subordinate lodge,	30538
chapter, or other local unit of an association or corporation, to	30539
sell beer, wine, and spirituous liquor by the individual drink at	30540
an event to be held on premises located in a political subdivision	30541
or part thereof where the sale of beer and wine, but not	30542
spirituous liquor, is otherwise permitted by law on that day.	30543

Notwithstanding section 1711.09 of the Revised Code, this	30544
section applies to any association or corporation or a recognized	30545
subordinate lodge, chapter, or other local unit of an association	30546
or corporation.	30547

In order to receive an F-2 permit, the association,	30548
corporation, or local unit shall be organized not for profit,	30549
shall be operated for a charitable, cultural, fraternal, or	30550
educational purpose, and shall not be affiliated with the holder	30551
of any class of liquor permit, other than a D-4 permit.	30552

The premises on which the permit is to be used shall be	30553
clearly defined and sufficiently restricted to allow proper	30554
supervision of the permit use by state and local law enforcement	30555
personnel. An F-2 permit may be issued for the same premises for	30556
which another class of permit is issued.	30557

No F-2 permit shall be effective for more than forty-eight	30558
consecutive hours, and sales shall be confined to the same hours	30559
permitted to the holder of a D-3 permit. The division shall not	30560
issue more than two F-2 permits in one calendar year to the same	30561
association, corporation, or local unit of an association or	30562
corporation. The fee for an F-2 permit is ~~seventy-five~~one hundred	30563
fifty dollars.	30564

If an applicant wishes the holder of a D-3, D-4, or D-5	30565
permit to conduct the sale of beer and intoxicating liquor at the	30566
event, the applicant may request that the F-2 permit be issued	30567
jointly to the association, corporation, or local unit and the	30568
D-permit holder. If a permit is issued jointly, the association,	30569
corporation, or local unit and the D-permit holder shall both be	30570
held responsible for any conduct that violates laws pertaining to	30571
the sale of alcoholic beverages, including sales by the D-permit	30572
holder; otherwise, the association, corporation, or local unit	30573
shall be held responsible. In addition to the permit fee paid by	30574
the association, corporation, or local unit, the D-permit holder	30575
shall pay a fee of ten dollars. A D-permit holder may receive an	30576
unlimited number of joint F-2 permits.	30577

Any association, corporation, or local unit applying for an	30578
F-2 permit shall file with the application a statement of the	30579
organizational purpose of the association, corporation, or local	30580
unit, the location and purpose of the event, and a list of its	30581
officers. The application form shall contain a notice that a	30582
person who knowingly makes a false statement on the application or	30583
statement is guilty of the crime of falsification, a misdemeanor	30584
of the first degree. In ruling on an application, the division	30585
shall consider, among other things, the past activities of the	30586
association, corporation, or local unit and any D-permit holder	30587
while operating under other F-2 permits, the location of the event	30588
for which the current application is made, and any objections of	30589
local residents or law enforcement authorities. If the division	30590
approves the application, it shall send copies of the approved	30591
application to the proper law enforcement authorities prior to the	30592
scheduled event.	30593

Using the procedures of Chapter 119. of the Revised Code, the	30594
liquor control commission may adopt such rules as are necessary to	30595
administer this section.	30596

(B) No association, corporation, local unit of an association	30597
or corporation, or D-permit holder who holds an F-2 permit shall	30598
sell beer or intoxicating liquor beyond the hours of sale allowed	30599
by the permit. This division imposes strict liability on the	30600
holder of such permit and on any officer, agent, or employee of	30601
such permit holder.	30602

Sec. 4303.203. (A) As used in this section:

30603

(1) "Convention facility" and "nonprofit corporation" have	30604
the same meanings as in section 4303.201 of the Revised Code.	30605

(2) "Hotel" means a hotel described in section 3731.01 of the	30606
Revised Code that has at least fifty rooms for registered	30607
transient guests and that is required to be licensed pursuant to	30608
section 3731.03 of the Revised Code.	30609

(B) An F-3 permit may be issued to an organization whose	30610
primary purpose is to support, promote, and educate members of the	30611
beer, wine, or mixed beverage industries, to allow the	30612
organization to bring beer, wine, or mixed beverages in their	30613
original packages or containers into a convention facility or	30614
hotel for consumption in the facility or hotel, if all of the	30615
following requirements are met:	30616

(1) The superintendent of liquor control is satisfied that	30617
the organization is a nonprofit organization and that the	30618
organization's membership is in excess of two hundred fifty	30619
persons.	30620

(2) The general manager or the equivalent officer of the	30621
convention facility or hotel provides a written consent for the	30622
use of a portion of the facility or hotel by the organization and	30623
a written statement that the facility's or hotel's permit	30624
privileges will be suspended in the portion of the facility or	30625
hotel in which the F-3 permit is in force.	30626

(3) The organization provides a written description that	30627
clearly sets forth the portion of the convention facility or hotel	30628
in which the F-3 permit will be used.	30629

(4) The organization provides a written statement as to its	30630
primary purpose and the purpose of its event at the convention	30631
facility or hotel.	30632

(5) Division (C) of this section does not apply.

30633

(C) No F-3 permit shall be issued to any nonprofit	30634
organization that is created by or for a specific manufacturer,	30635
supplier, distributor, or retailer of beer, wine, or mixed	30636
beverages.	30637

(D) Notwithstanding division (E) of section 4301.22 of the	30638
Revised Code, a holder of an F-3 permit may obtain by donation	30639
beer, wine, or mixed beverages from any manufacturer or producer	30640
of beer, wine, or mixed beverages.	30641

(E) Nothing in this chapter prohibits the holder of an F-3	30642
permit from bringing into the portion of the convention facility	30643
or hotel covered by the permit beer, wine, or mixed beverages	30644
otherwise not approved for sale in this state.	30645

(F) Notwithstanding division (E) of section 4301.22 of the	30646
Revised Code, no holder of an F-3 permit shall make any charge for	30647
any beer, wine, or mixed beverage served by the drink, or in its	30648
original package or container, in connection with the use of the	30649
portion of the convention facility or hotel covered by the permit.	30650

(G) The division of liquor control shall prepare and make	30651
available an F-3 permit application form and may require	30652
applicants for the permit to provide information, in addition to	30653
that required by this section, that is necessary for the	30654
administration of this section.	30655

(H) An F-3 permit shall be effective for a period not to	30656
exceed five consecutive days. The division of liquor control shall	30657
not issue more than three F-3 permits per calendar year to the	30658
same nonprofit organization. The fee for an F-3 permit is ~~one~~	30659
three hundred ~~fifty~~ dollars.	30660

Sec. 4303.204. (A) The division of liquor control may issue	30661
an F-4 permit to an association or corporation organized	30662
not-for-profit in this state to conduct an event that includes the	30663
introduction, showcasing, or promotion of Ohio wines, if the event	30664
has all of the following characteristics:	30665

(1) It is coordinated by that association or corporation, and	30666
the association or corporation is responsible for the activities	30667
at it.	30668

(2) It has as one of its purposes the intent to introduce,	30669
showcase, or promote Ohio wines to persons who attend it.	30670

(3) It includes the sale of food for consumption on the	30671
premises where sold.	30672

(4) It features at least three A-2 permit holders who sell	30673
Ohio wine at it.	30674

(B) The holder of an F-4 permit may furnish, without charge,	30675
wine that it has obtained from the A-2 permit holders that are	30676
participating in the event for which the F-4 permit is issued, in	30677
two-ounce samples for consumption on the premises where furnished	30678
and may sell such wine by the glass for consumption on the	30679
premises where sold. The holder of an A-2 permit that is	30680
participating in the event for which the F-4 permit is issued may	30681
sell wine that it has manufactured, in sealed containers for	30682
consumption off the premises where sold. Wine may be furnished or	30683
sold on the premises of the event for which the F-4 permit is	30684
issued only where and when the sale of wine is otherwise permitted	30685
by law.	30686

(C) The premises of the event for which the F-4 permit is	30687
issued shall be clearly defined and sufficiently restricted to	30688
allow proper enforcement of the permit by state and local law	30689
enforcement officers. If an F-4 permit is issued for all or a	30690
portion of the same premises for which another class of permit is	30691
issued, that permit holder's privileges will be suspended in that	30692
portion of the premises in which the F-4 permit is in effect.	30693

(D) No F-4 permit shall be effective for more than	30694
seventy-two consecutive hours. No sales or furnishing of wine	30695
shall take place under an F-4 permit after one a.m.	30696

(E) The division shall not issue more than six F-4 permits to	30697
the same not-for-profit association or corporation in any one	30698
calendar year.	30699

(F) An applicant for an F-4 permit shall apply for the permit	30700
not later than thirty days prior to the first day of the event for	30701
which the permit is sought. The application for the permit shall	30702
list all of the A-2 permit holders that will participate in the	30703
event for which the F-4 permit is sought. The fee for the F-4	30704
permit is ~~thirty~~sixty dollars per day.	30705

The division shall prepare and make available an F-4 permit	30706
application form and may require applicants for and holders of the	30707
F-4 permit to provide information that is in addition to that	30708
required by this section and that is necessary for the	30709
administration of this section.	30710

(G)(1) The holder of an F-4 permit is responsible for, and is	30711
subject to penalties for, any violations of this chapter or	30712
Chapter 4301. of the Revised Code or the rules adopted under this	30713
and that chapter.	30714

(2) An F-4 permit holder shall not allow an A-2 permit holder	30715
to participate in the event for which the F-4 permit is issued if	30716
the A-2 or A-1-A permit of that A-2 permit holder is under	30717
suspension.	30718

(3) The division may refuse to issue an F-4 permit to an	30719
applicant who has violated any provision of this chapter or	30720
Chapter 4301. of the Revised Code during the applicant's previous	30721
operation under an F-4 permit, for a period of up to two years	30722
after the date of the violation.	30723

(H)(1) Notwithstanding division (E) of section 4301.22 of the	30724
Revised Code, an A-2 permit holder that participates in an event	30725
for which an F-4 permit is issued may donate wine that it has	30726
manufactured to the holder of that F-4 permit. The holder of an	30727
F-4 permit may return unused and sealed containers of wine to the	30728
A-2 permit holder that donated the wine at the conclusion of the	30729
event for which the F-4 permit was issued.	30730

(2) The participation by an A-2 permit holder or its	30731
employees in an event for which an F-4 permit is issued does not	30732
violate section 4301.24 of the Revised Code.	30733

Sec. 4303.21. Permit G may be issued to the owner of a	30734
pharmacy in charge of a licensed pharmacist to be named in ~~such~~	30735
the permit for the sale at retail of alcohol for medicinal	30736
purposes in quantities at each sale of not more than one gallon	30737
upon the written prescription of a physician or dentist who is	30738
lawfully and regularly engaged in the practice of the physician's	30739
or dentist's profession in this state, and for the sale of	30740
industrial alcohol for mechanical, chemical, or scientific	30741
purposes to a person known by the seller to be engaged in ~~such~~	30742
mechanical, chemical, or scientific pursuits; all subject to	30743
section 4303.34 of the Revised Code. The fee for this permit if	30744
~~fifty~~is one hundred dollars.	30745

Sec. 4303.22. Permit H may be issued for a fee of ~~one~~three	30746
hundred ~~fifty~~ dollars to a carrier by motor vehicle who also holds	30747
a license issued by the public utilities commission to transport	30748
beer, intoxicating liquor, and alcohol, or any of them, in this	30749
state for delivery or use in this state. This section does not	30750
prevent the division of liquor control from contracting with	30751
common or contract carriers for the delivery or transportation of	30752
liquor for the division, and any contract or common carrier so	30753
contracting with the division is eligible for an H permit.	30754
Manufacturers or wholesale distributors of beer or intoxicating	30755
liquor other than spirituous liquor who transport or deliver their	30756
own products to or from their premises licensed under this chapter	30757
and Chapter 4301. of the Revised Code by their own trucks as an	30758
incident to the purchase or sale of such beverages need not obtain	30759
an H permit. Carriers by rail shall receive an H permit upon	30760
application for it.	30761

This section does not prevent the division from issuing, upon	30762
the payment of the permit fee, an H permit to any person,	30763
partnership, firm, or corporation licensed by any other state to	30764
engage in the business of manufacturing and brewing or producing	30765
beer, wine, and mixed beverages or any person, partnership, firm,	30766
or corporation licensed by the United States or any other state to	30767
engage in the business of importing beer, wine, and mixed	30768
beverages manufactured outside the United States. The	30769
manufacturer, brewer, or importer of products manufactured outside	30770
the United States, upon the issuance of an H permit, may	30771
transport, ship, and deliver only its own products to holders of	30772
B-1 or B-5 permits in Ohio in motor trucks and equipment owned and	30773
operated by such class H permit holder. No H permit shall be	30774
issued by the division to such applicant until the applicant files	30775
with the division a liability insurance certificate or policy	30776
satisfactory to the division, in a sum of not less than one	30777
thousand nor more than five thousand dollars for property damage	30778
and for not less than five thousand nor more than fifty thousand	30779
dollars for loss sustained by reason of injury or death and with	30780
such other terms as the division considers necessary to adequately	30781
protect the interest of the public, having due regard for the	30782
number of persons and amount of property affected. The certificate	30783
or policy shall insure the manufacturer, brewer, or importer of	30784
products manufactured outside the United States against loss	30785
sustained by reason of the death of or injury to persons, and for	30786
loss of or damage to property, from the negligence of such class H	30787
permit holder in the operation of its motor vehicles or equipment	30788
in this state.	30789

Sec. 4303.23. Permit I may be issued to wholesale druggists	30790
to purchase alcohol from the holders of A-3 permits and to import	30791
alcohol into ~~Ohio~~this state subject to ~~such~~ terms ~~as are~~ imposed	30792
by the division of liquor control; to sell at wholesale to	30793
physicians, dentists, druggists, veterinary surgeons,	30794
manufacturers, hospitals, infirmaries, and medical or educational	30795
institutions using such alcohol for medicinal, mechanical,	30796
chemical, or scientific purposes, and to holders of G permits for	30797
nonbeverage purposes only; and to sell alcohol at retail in total	30798
quantities at each sale of not more than one quart, upon the	30799
written prescription of a physician or dentist who is lawfully and	30800
regularly engaged in the practice of ~~his~~the physician's or	30801
dentist's profession in this state. The sale of alcohol under this	30802
section is subject to section 4303.34 of the Revised Code. The fee	30803
for this permit is ~~one~~two hundred dollars.	30804

"Wholesale druggists," as used in this, section includes all	30805
persons holding federal wholesale liquor dealers' licenses and who	30806
are engaged in the sale of medicinal drugs, proprietary medicines,	30807
and surgical and medical appliances and apparatus, at wholesale.	30808

Sec. 4303.231. Permit W may be issued to a manufacturer or	30809
supplier of beer or intoxicating liquor to operate a warehouse for	30810
the storage of beer or intoxicating liquor within this state and	30811
to sell ~~such~~those products from the warehouse only to holders of	30812
B permits in this state and to other customers outside this state	30813
under rules promulgated by the liquor control commission. Each	30814
holder of a B permit with a consent to import on file with the	30815
division of liquor control may purchase beer or intoxicating	30816
liquor if designated by the permit to make ~~such~~those purchases,	30817
from the holder of a W permit. The fee for a W permit is one	30818
thousand ~~two~~five hundred ~~fifty~~sixty-three dollars for each	30819
warehouse during the year covered by the permit.	30820

Sec. 4501.27. (A) Except as provided in division (B) of this	30821
section, on and after September 13, 1997, the registrar of motor	30822
vehicles, and any employee or contractor of the bureau of motor	30823
vehicles, shall not knowingly disclose or otherwise make available	30824
to any person or entity any personal information about an	30825
individual that the bureau obtained in connection with a motor	30826
vehicle record.	30827

(B)(1) On and after September 13, 1997, the registrar, or an	30828
employee or contractor of the bureau of motor vehicles, shall	30829
disclose personal information, other than sensitive personal	30830
information, about an individual that the bureau obtained in	30831
connection with a motor vehicle record, for use in connection with	30832
any of the following matters to carry out the purposes of any	30833
specified federal automobile-related act:	30834

(a) Motor vehicle or driver safety and theft;

30835

(b) Motor vehicle emissions;

30836

(c) Motor vehicle product alterations, recalls, or	30837
advisories;	30838

(d) Performance monitoring of motor vehicles and dealers by	30839
motor vehicle manufacturers;	30840

(e) Removal of non-owner records from the original owner	30841
records of motor vehicle manufacturers.	30842

(2) In addition to the disclosure required under division	30843
(B)(1) of this section, on and after September 13, 1997, the	30844
registrar, or an employee or contractor of the bureau of motor	30845
vehicles, may disclose personal information, other than sensitive	30846
personal information, about an individual that the bureau obtained	30847
in connection with a motor vehicle record, as follows:	30848

(a) For the use of a government agency, including, but not	30849
limited to, a court or law enforcement agency, in carrying out its	30850
functions, or for the use of a private person or entity acting on	30851
behalf of an agency of this state, another state, the United	30852
States, or a political subdivision of this state or another state	30853
in carrying out its functions;	30854

(b) For use in connection with matters regarding motor	30855
vehicle or driver safety and theft; motor vehicle emissions; motor	30856
vehicle product alterations, recalls, or advisories; performance	30857
monitoring of motor vehicles, motor vehicle parts, and dealers;	30858
motor vehicle market research activities, including, but not	30859
limited to, survey research; and removal of non-owner records from	30860
the original owner records of motor vehicle manufacturers;	30861

(c) For use in the normal course of business by a legitimate	30862
business or an agent, employee, or contractor of a legitimate	30863
business, but only for one of the following purposes:	30864

(i) To verify the accuracy of personal information submitted	30865
to the business, agent, employee, or contractor by an individual;	30866

(ii) If personal information submitted to the business,	30867
agent, employee, or contractor by an individual is incorrect or no	30868
longer is correct, to obtain the correct information, but only for	30869
the purpose of preventing fraud, by pursuing legal remedies	30870
against, or recovering on a debt or security interest against, the	30871
individual.	30872

(d) For use in connection with a civil, criminal,	30873
administrative, or arbitral proceeding in a court or agency of	30874
this state, another state, the United States, or a political	30875
subdivision of this state or another state or before a	30876
self-regulatory body, including, but not limited to, use in	30877
connection with the service of process, investigation in	30878
anticipation of litigation, or the execution or enforcement of a	30879
judgment or order;	30880

(e) Pursuant to an order of a court of this state, another	30881
state, the United States, or a political subdivision of this state	30882
or another state;	30883

(f) For use in research activities or in producing	30884
statistical reports, provided the personal information is not	30885
published, redisclosed, or used to contact an individual;	30886

(g) For use by an insurer, insurance support organization, or	30887
self-insured entity, or by an agent, employee, or contractor of	30888
that type of entity, in connection with any claims investigation	30889
activity, anti-fraud activity, rating, or underwriting;	30890

(h) For use in providing notice to the owner of a towed,	30891
impounded, immobilized, or forfeited vehicle;	30892

(i) For use by any licensed private investigative agency or	30893
licensed security service for any purpose permitted under division	30894
(B)(2) of this section;	30895

(j) For use by an employer or by the agent or insurer of an	30896
employer to obtain or verify information relating to the holder of	30897
a commercial driver's license or permit that is required under the	30898
"Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207-170,	30899
49 U.S.C. 2701, et seq., as now or hereafter amended;	30900

(k) For use in connection with the operation of a private	30901
toll transportation facility;	30902

(l) For use by any political subdivision, or any private	30903
person or entity acting on behalf of a political subdivision, in	30904
the enforcement of traffic control signal violations detected by a	30905
traffic control signal photo-monitoring device, as described in	30906
sections 4511.093 to 4511.097 of the Revised Code;	30907

(m) For any use not otherwise identified in division (B)(2)	30908
of this section that is in response to a request for individual	30909
motor vehicle records, if the individual whose personal	30910
information is requested completes and submits to the registrar or	30911
deputy registrar a form prescribed by the registrar by rule giving	30912
express consent to such disclosures.;	30913

~~(m)~~(n) For bulk distribution for surveys, marketing, or	30914
solicitations, if the individual whose personal information is	30915
requested completes and submits to the registrar or a deputy	30916
registrar a form prescribed by the registrar by rule giving	30917
express consent to such disclosures.;	30918

~~(n)~~(o) For use by a person, state, or state agency that	30919
requests the information, if the person, state, or state agency	30920
demonstrates that it has obtained the written consent of the	30921
individual to whom the information pertains;	30922

~~(o)~~(p) For any other use specifically authorized by law that	30923
is related to the operation of a motor vehicle or to public	30924
safety.	30925

(3)(a) Except as provided in division (B)(3)(b) of this	30926
section, the registrar, or an employee or contractor of the bureau	30927
of motor vehicles, may disclose sensitive personal information	30928
about an individual that the bureau obtained in connection with a	30929
motor vehicle record, only if either of the following conditions	30930
are satisfied:	30931

(i) The individual whose personal information is requested	30932
completes and submits to the registrar or deputy registrar a form	30933
prescribed by the registrar by rule giving express consent to such	30934
disclosure;	30935

(ii) The disclosure is for one or more of the purposes	30936
described in division (B)(2)(a), (d), (g), or (j) of this section.	30937

(b) Division (B)(3)(a) of this section does not apply to the	30938
disclosure of sensitive personal information that is subject to	30939
section 4501.15 or 4507.53 of the Revised Code.	30940

(C) On and after September 13, 1997, an authorized recipient	30941
of personal information about an individual that the bureau of	30942
motor vehicles obtained in connection with a motor vehicle record,	30943
other than a recipient under division (B)(2)~~(l)~~(m) or ~~(m)~~(n) of	30944
this section, may resell or redisclose the personal information	30945
only for a use permitted under division (B)(1), (B)(2)(a) to (k),	30946
(B)(2)~~(n)~~(o), or (B)(2)~~(o)~~(p) of this section. On and after	30947
September 13, 1997, an authorized recipient of personal	30948
information about an individual under division (B)(2)~~(l)~~(m) of	30949
this section may resell or redisclose the information for any	30950
purpose. On and after September 13, 1997, an authorized recipient	30951
of personal information under division (B)(2)~~(m)~~(n) of this	30952
section may resell or redisclose the information as specified	30953
pursuant to that division. On and after September 13, 1997, an	30954
authorized recipient of personal information about an individual	30955
under division (B) of this section, other than a recipient under	30956
division (B)(2)~~(l)~~(m) of this section, that resells or rediscloses	30957
any personal information covered by this section must keep for a	30958
period of five years a record that identifies each person or	30959
entity that receives any of the personal information and the	30960
permitted purpose for which the information is to be used, and	30961
must make all such records available to the registrar of motor	30962
vehicles upon the registrar's request.	30963

(D) The registrar may establish and carry out procedures	30964
under which the registrar or the registrar's agents, upon receipt	30965
of a request for personal information on or after September 13,	30966
1997, that does not satisfy any of the criteria for disclosure of	30967
the information that are set forth in division (B)(1) or (2) of	30968
this section, may notify the individual about whom the information	30969
was requested, by regular mail, that the request was made. Any	30970
procedures so adopted shall provide that, if the registrar or an	30971
agent of the registrar mails the notice to the individual, the	30972
registrar or agent shall include with the notice a copy of the	30973
request and conspicuously shall include in the notice a statement	30974
that the information will not be released unless the individual	30975
waives the individual's right to privacy regarding the information	30976
that is granted under this section.	30977

(E) The registrar of motor vehicles may adopt any forms and	30978
rules, consistent with but no more restrictive than the	30979
requirements of Public Law No. 130-322, Title XXX, 18 U.S.C.	30980
2721-2725, that are necessary to carry out the registrar's duties	30981
under this section on and after September 13, 1997.	30982

(F) As used in this section:

30983

(1) "Motor vehicle record" means a record that pertains to a	30984
motor vehicle driver's or commercial driver's license or permit, a	30985
motor vehicle certificate of title, a motor vehicle registration	30986
or motor vehicle identification license plates, or an	30987
identification card issued by the bureau of motor vehicles.	30988

(2) "Person" has the same meaning as in section 1.59 of the	30989
Revised Code and does not include this state, another state, or an	30990
agency of this state or another state.	30991

(3) "Personal information" means information that identifies	30992
an individual, including, but not limited to, an individual's	30993
photograph or digital image, social security number, driver or	30994
driver's license identification number, name, telephone number, or	30995
medical or disability information, or an individual's address	30996
other than the five-digit zip code number. "Personal information"	30997
does not include information pertaining to a vehicular accident,	30998
driving or traffic violation, or driver's status.	30999

(4) "Specified federal automobile-related act" means the	31000
"~~automobile information disclosure act~~Automobile Information	31001
Disclosure Act," 72 Stat. 325, 15 U.S.C. 1231-1233, the "Motor	31002
Vehicle Information and Cost Saving Act," 86 Stat. 947, 15 U.S.C.	31003
1901, et seq., the "National Traffic and Motor Vehicle Safety Act	31004
of 1966," 80 Stat. 718, 15 U.S.C. 1381, et seq., the "Anti-car	31005
Theft Act of 1992," 106 Stat. 3384, 15 U.S.C. 2021, et seq., and	31006
the "Clean Air Act," 69 Stat. 322, 42 U.S.C. 7401, et seq., all as	31007
now or hereafter amended.	31008

(5) "Sensitive personal information" means an individual's	31009
photograph or digital image, social security number, or medical or	31010
disability information.	31011

Sec. 4503.234. (A) As used in this section, "vehicle owner"	31012
means the person in whose name is registered a vehicle that is	31013
subject to an order of forfeiture issued under this section.	31014

(B) If a court is required by section 4503.233, 4503.236,	31015
4507.361, 4507.99, 4511.193, or 4511.99 of the Revised Code to	31016
order the criminal forfeiture of a vehicle, the order shall be	31017
issued and enforced in accordance with this division, subject to	31018
division (C) of this section and section 4503.235 of the Revised	31019
Code. An order of criminal forfeiture issued under this division	31020
shall authorize an appropriate law enforcement agency to seize the	31021
vehicle ordered criminally forfeited upon the terms and conditions	31022
that the court determines proper. No vehicle ordered criminally	31023
forfeited pursuant to this division shall be considered contraband	31024
for purposes of section 2933.41, 2933.42, or 2933.43 of the	31025
Revised Code, but shall be held by the law enforcement agency that	31026
employs the officer who seized it for disposal in accordance with	31027
this section. A forfeiture order may be issued only after the	31028
vehicle owner has been provided with an opportunity to be heard.	31029
The prosecuting attorney shall give the vehicle owner written	31030
notice of the possibility of forfeiture by sending a copy of the	31031
relevant uniform traffic ticket or other written notice to the	31032
vehicle owner not less than seven days prior to the date of	31033
issuance of the forfeiture order. A vehicle is subject to an order	31034
of criminal forfeiture pursuant to this division upon the	31035
conviction of the offender of or plea of guilty by the offender to	31036
a violation of division (A) of section 4503.236, division (B)(1)	31037
or (D)(2) of section 4507.02, section 4507.33, or division (A) of	31038
section 4511.19 of the Revised Code, or a municipal ordinance that	31039
is substantially equivalent to division (A) of section 4503.236,	31040
division (B)(1) or (D)(2) of section 4507.02, section 4507.33, or	31041
division (A) of section 4511.19 of the Revised Code.	31042

(C)(1) Prior to the issuance of an order of criminal	31043
forfeiture pursuant to division (B) of this section, the law	31044
enforcement agency that employs the law enforcement officer who	31045
seized the vehicle shall conduct or cause to be conducted a search	31046
of the appropriate public records that relate to the vehicle and	31047
shall make or cause to be made reasonably diligent inquiries to	31048
identify any lienholder or any person or entity with an ownership	31049
interest in the vehicle. The court that is to issue the forfeiture	31050
order also shall cause a notice of the potential order relative to	31051
the vehicle and of the expected manner of disposition of the	31052
vehicle after its forfeiture to be sent to any lienholder or	31053
person who is known to the court to have any right, title, or	31054
interest in the vehicle. The court shall give the notice by	31055
certified mail, return receipt requested, or by personal service.	31056

(2) No order of criminal forfeiture shall be issued pursuant	31057
to division (B) of this section if a lienholder or other person	31058
with an ownership interest in the vehicle establishes to the	31059
court, by a preponderance of the evidence after filing a motion	31060
with the court, that the lienholder or other ~~that~~ person neither	31061
knew nor should have known after a reasonable inquiry that the	31062
vehicle would be used or involved, or likely would be used or	31063
involved, in the violation resulting in the issuance of the order	31064
of criminal forfeiture or the violation of the order of	31065
immobilization issued under section 4503.233 of the Revised Code,	31066
that the lienholder or other ~~that~~ person did not expressly or	31067
impliedly consent to the use or involvement of the vehicle in that	31068
violation, and that the lien or ownership interest was perfected	31069
pursuant to law prior to the seizure of the vehicle under section	31070
4503.236, 4507.38, or 4511.195 of the Revised Code. If the	31071
lienholder or holder of the ownership interest satisfies the court	31072
that these criteria have been met, the court shall preserve ~~the~~	31073
~~holder's~~ the lienholder's or other person's lien or interest, and	31074
the court either shall return the vehicle to the holder, ~~the~~	31075
~~holder's~~ or shall order that the ~~the holder's~~ proceeds of any sale	31076
held pursuant to division (D) of this section be paid to the	31077
lienholder or holder of the interest less the costs of seizure,	31078
storage, and maintenance of the vehicle. The court shall not	31079
return a vehicle to a lienholder or a holder of an ownership	31080
interest under division (C)(2) of this section unless the	31081
lienholder or holder submits an affidavit to the court that states	31082
that the lienholder or holder will not return the vehicle to the	31083
person from whom the vehicle was seized pursuant to the order of	31084
criminal forfeiture or to any member of that person's family and	31085
will not otherwise knowingly permit that person or any member of	31086
that person's family to obtain possession of the vehicle.	31087

(3) No order of criminal forfeiture shall be issued pursuant	31088
to division (B) of this section if a person with an interest in	31089
the vehicle establishes to the court, by a preponderance of the	31090
evidence after filing a motion with the court, that the person	31091
neither knew nor should have known after a reasonable inquiry that	31092
the vehicle had been used or was involved in the violation	31093
resulting in the issuance of the order of criminal forfeiture or	31094
the violation of the order of immobilization issued under section	31095
4503.233 of the Revised Code, that the person did not expressly or	31096
impliedly consent to the use or involvement of the vehicle in that	31097
violation, that the interest was perfected in good faith and for	31098
value pursuant to law between the time of the arrest of the	31099
offender and the final disposition of the criminal charge in	31100
question, and that the vehicle was in the possession of the	31101
vehicle owner at the time of the perfection of the interest. If	31102
the court is satisfied that the interest holder has met these	31103
criteria, the court shall preserve ~~the holder's~~ the interest	31104
holder's interest, and the court either shall return the vehicle	31105
to the interest holder ~~the holder's~~ or order that the ~~the holder's~~	31106
proceeds of any sale held pursuant to division (D) of this section	31107
be paid to the holder of the interest less the costs of seizure,	31108
storage, and maintenance of the vehicle. The court shall not	31109
return a vehicle to an interest holder under division (C)(3) of	31110
this section unless the holder submits an affidavit to the court	31111
stating that the holder will not return the vehicle to the person	31112
from whom the holder acquired ~~the holder's~~ the holder's interest,	31113
nor to any member of that person's family, and the holder will not	31114
otherwise knowingly permit that person or any member of that	31115
person's family to obtain possession of the vehicle.	31116

(D) A vehicle ordered criminally forfeited to the state	31117
pursuant to division (B) of this section shall be disposed of as	31118
follows:	31119

(1) It shall be given to the law enforcement agency that	31120
employs the law enforcement officer who seized the vehicle, if	31121
that agency desires to have it;	31122

(2) If a vehicle is not disposed of pursuant to division	31123
(D)(1) of this section, the vehicle shall be sold, without	31124
appraisal, if the value of the vehicle is two thousand dollars or	31125
more as determined by publications of the national auto dealer's	31126
association, at a public auction to the highest bidder for cash.	31127
Prior to the sale, the prosecuting attorney in the case shall	31128
cause a notice of the proposed sale to be given in accordance with	31129
law. The court shall cause notice of the sale of the vehicle to be	31130
published in a newspaper of general circulation in the county in	31131
which the court is located at least seven days prior to the date	31132
of the sale. The proceeds of a sale under this division or	31133
division (G) of this section shall be applied in the following	31134
order:	31135

(a) First, they shall be applied to the payment of the costs	31136
incurred in connection with the seizure, storage, and maintenance	31137
of, and provision of security for, the vehicle, any proceeding	31138
arising out of the forfeiture, and if any, the sale.	31139

(b) Second, the remaining proceeds after compliance with	31140
division (D)(2)(a) of this section, shall be applied to the	31141
payment of the value of any lien or ownership interest in the	31142
vehicle preserved under division (C) of this section.	31143

(c) Third, the remaining proceeds, after compliance with	31144
divisions (D)(2)(a) and (b) of this section, shall be applied to	31145
the appropriate funds in accordance with divisions (D)(1)(c) and	31146
(2) of section 2933.43 of the Revised Code, provided that the	31147
total of the amount so deposited under this division shall not	31148
exceed one thousand dollars. The remaining proceeds deposited	31149
under this division shall be used only for the purposes authorized	31150
by those divisions and division (D)(3)(a)(ii) of that section.	31151

(d) Fourth, the remaining proceeds after compliance with	31152
divisions (D)(2)(a) and (b) of this section and after deposit of a	31153
total amount of one thousand dollars under division (D)(2)(c) of	31154
this section shall be applied so that ~~fifty~~seventy-five per cent	31155
of those remaining proceeds is paid into the reparation fund	31156
established by section 2743.191 of the Revised Code~~, twenty-five~~	31157
~~per cent is paid into the drug abuse resistance education programs~~	31158
~~fund created by division (L)(2)(e) of section 4511.191 of the~~	31159
~~Revised Code and shall be used only for the purposes authorized by~~	31160
~~division (L)(2)(e) of that section,~~ and twenty-five per cent is	31161
applied to the appropriate funds in accordance with division	31162
(D)(1)(c) of section 2933.43 of the Revised Code. The proceeds	31163
deposited into any fund described in section 2933.43 of the	31164
Revised Code shall be used only for the purposes authorized by	31165
division (D)(1)(c), (2), and (3)(a)(ii) of that section.	31166

(E) Notwithstanding any other provision of law, neither the	31167
registrar of motor vehicles nor any deputy registrar shall accept	31168
an application for the registration of any motor vehicle in the	31169
name of any person, or register any motor vehicle in the name of	31170
any person, if both of the following apply:	31171

(1) Any vehicle registered in the person's name was	31172
criminally forfeited under division (B) of this section and	31173
section 4503.233, 4503.236, 4507.361, 4507.99, 4511.193, or	31174
4511.99 of the Revised Code;	31175

(2) Less than five years have expired since the issuance of	31176
the most recent order of criminal forfeiture issued in relation to	31177
a vehicle registered in the person's name.	31178

(F) If a court is required by section 4503.233, 4507.361,	31179
4507.99, 4511.193, or 4511.99 of the Revised Code to order the	31180
criminal forfeiture to the state of a vehicle, and the title to	31181
the motor vehicle is assigned or transferred, and division (C)(2)	31182
or (3) of this section applies, in addition to or independent of	31183
any other penalty established by law, the court may fine the	31184
offender the value of the vehicle as determined by publications of	31185
the national auto dealer's association. The proceeds from any fine	31186
imposed under division (F) of this section shall be distributed in	31187
accordance with division (D)(4) of this section.	31188

(G) As used in division (D) of this section and divisions	31189
(D)(1)(c), (2), and (D)(3)(a)(ii) of section 2933.43 of the	31190
Revised Code in relation to proceeds of the sale of a vehicle	31191
under division (D) of this section, "prosecuting attorney"	31192
includes the prosecuting attorney, village solicitor, city	31193
director of law, or similar chief legal officer of a municipal	31194
corporation who prosecutes the case resulting in the conviction or	31195
guilty plea in question.	31196

~~(G)~~(H) If the vehicle to be forfeited has an average retail	31197
value of less than two thousand dollars as determined by	31198
publications of the national auto dealer's association, no public	31199
auction is required to be held. In such a case, the court may	31200
direct that the vehicle be disposed of in any manner that it	31201
considers appropriate, including assignment of the certificate of	31202
title to the motor vehicle to a salvage dealer or a scrap metal	31203
processing facility. The court shall not transfer the vehicle to	31204
the person who is the vehicle's immediate previous owner.	31205

If the court assigns the motor vehicle to a salvage dealer or	31206
scrap metal processing facility and the court is in possession of	31207
the certificate of title to the motor vehicle, it shall send the	31208
assigned certificate of title to the motor vehicle to the clerk of	31209
the court of common pleas of the county in which the salvage	31210
dealer or scrap metal processing facility is located. The court	31211
shall mark the face of the certificate of title with the words	31212
"FOR DESTRUCTION" and shall deliver a photocopy of the certificate	31213
of title to the salvage dealer or scrap metal processing facility	31214
for its records.	31215

If the court is not in possession of the certificate of title	31216
to the motor vehicle, the court shall issue an order transferring	31217
ownership of the motor vehicle to a salvage dealer or scrap metal	31218
processing facility, send the order to the clerk of the court of	31219
common pleas of the county in which the salvage dealer or scrap	31220
metal processing facility is located, and send a photocopy of the	31221
order to the salvage dealer or scrap metal processing facility for	31222
its records. The clerk shall make the proper notations or entries	31223
in the clerk's records concerning the disposition of the motor	31224
vehicle.	31225

Sec. 4509.60. Upon acceptance of a bond with individual	31226
sureties, the registrar of motor vehicles shall forward to the	31227
county recorder of the county in which the sureties' real estate	31228
is located a notice of such deposit and pay the recorder a base	31229
fee of five dollars for filing and indexing the notice and a	31230
housing trust fund fee of five dollars pursuant to section 317.36	31231
of the Revised Code. The recorder shall receive and file such	31232
notice and keep and index the same. Such bond shall constitute a	31233
lien in favor of the state upon the real estate so scheduled or	31234
any surety, and the lien shall exist in favor of any holder of a	31235
final judgment against the person who has filed the bond, for	31236
damages, including damages for care and loss of services, because	31237
of bodily injury to or death of any person, or for damage because	31238
of injury to property, including the loss of use thereof,	31239
resulting from the ownership, maintenance, or use of a motor	31240
vehicle after such bond was filed, upon the filing of notice to	31241
that effect by the registrar with the county recorder as provided	31242
in this section.	31243

Sec. 4511.093. (A) As used in sections 4511.093 to 4511.097	31244
of the Revised Code, "traffic control signal photo-monitoring	31245
device" means an electronic system consisting of a photographic,	31246
video, or electronic camera and a vehicle sensor installed to work	31247
in conjunction with a traffic control signal to automatically	31248
produce photographs, videotape, or digital images of each vehicle	31249
that violates the instruction of the red light of the traffic	31250
control signal.	31251

(B)(1) Sections 4511.093 to 4511.097 of the Revised Code	31252
apply to counties that have a population greater than four hundred	31253
thousand persons at the last federal census and to municipal	31254
corporations and townships that are located in a county having a	31255
population of greater than four hundred thousand persons at the	31256
last federal census.	31257

(2) Traffic control signal photo-monitoring devices shall not	31258
be installed by or on behalf of any county that has a population	31259
equal to or less than four hundred thousand persons at the last	31260
federal census or any municipal corporation or township that is	31261
located in a county having a population equal to or less than four	31262
hundred thousand persons at the last federal census.	31263

(C) Notwithstanding division (B) of this section, sections	31264
4511.093 to 4511.097 of the Revised Code do not apply to any	31265
municipal corporation, county, or township that, on the effective	31266
date of this section, has installed and is operating at least one	31267
traffic control signal photo-monitoring device at an intersection	31268
located within its boundaries and has implemented a program	31269
involving violations of the instruction of the red light of the	31270
traffic control signal, irrespective of whether or not under the	31271
program the violations are considered criminal offenses.	31272

Sec. 4511.094. Any legislative authority of a municipal	31273
corporation that, by ordinance, and any board of county	31274
commissioners or board of township trustees that, by resolution,	31275
authorizes the installation of a traffic control signal	31276
photo-monitoring device at an intersection that is located within	31277
the municipal corporation, county, or township, that is under its	31278
control, and at which is located a traffic control signal that	31279
exhibits different colored lights shall conspicuously place and	31280
maintain at the intersection monitored by the device notice that	31281
the intersection is being monitored by the device and shall comply	31282
with this section. For purposes of sections 4511.093 to 4511.097	31283
of the Revised Code, a violation of the instruction of the red	31284
light of the traffic control signal that is detected by the device	31285
shall not be considered a criminal offense. The person who commits	31286
the violation so detected shall not be arrested for purposes of	31287
those sections as a result of the violation. Photographs,	31288
videotapes, or digital images recorded by a traffic control signal	31289
photo-monitoring device may be used only for the purposes	31290
described in section 4511.096 of the Revised Code relating to a	31291
violation of the instruction of the red light, and those	31292
photographs, videotapes, or digital images may be used in relation	31293
to a criminal offense or a traffic infraction other than a	31294
violation of that instruction, regardless of whether the criminal	31295
offense or traffic infraction is related to a violation of that	31296
instruction.	31297

Except as otherwise provided in this section and sections	31298
4511.095 to 4511.097 of the Revised Code, the provisions in	31299
Chapter 4521. of the Revised Code that govern enforcement and	31300
appeal procedures and the payment of fines in relation to	31301
noncriminal parking infractions, including, but not limited to,	31302
the provisions of sections 4521.07, 4521.08, and 4521.10 of the	31303
Revised Code that prohibit in specified circumstances the renewal	31304
or transfer of the registration of the vehicle involved in a	31305
violation or any vehicle owned or leased by a person against whom	31306
a judgment is entered based on a violation, also shall apply to	31307
violations detected by a traffic control signal photo-monitoring	31308
device as described in this section. In applying the provisions of	31309
Chapter 4521. of the Revised Code to violations detected by a	31310
traffic control signal photo-monitoring device as described in	31311
this section, all references in those provisions to "parking	31312
infractions" shall be construed as being references to violations	31313
detected by a traffic control signal photo-monitoring device and	31314
all other terminology included in those provisions shall be	31315
construed in their application to violations detected by a traffic	31316
control signal photo-monitoring device in a reasonable and	31317
appropriate manner to give effect to this section.	31318

Any ordinance or resolution of the type described in this	31319
section shall include a fine for a violation of the instruction of	31320
the red light of the traffic control signal that is detected by	31321
the traffic control signal photo-monitoring device and shall	31322
prescribe an additional penalty or penalties for failure to answer	31323
any charges of the violation in a timely manner. In no case shall	31324
any fine so adopted or additional penalty so prescribed exceed the	31325
fine established by the municipal or county court having	31326
territorial jurisdiction over the entire or a majority of the	31327
political subdivision that adopted the ordinance or resolution, in	31328
its schedule of fines established pursuant to Traffic Rule 13(C),	31329
for a substantively comparable violation. In no case shall any	31330
fine so adopted or additional penalty so prescribed exceed one	31331
hundred dollars, plus costs and other administrative charges, per	31332
violation. All revenue obtained from fines levied under this	31333
section shall be used by the county, municipal corporation, or	31334
township to pay the reasonable costs associated with operating the	31335
traffic control signal photo-monitoring device and for support of	31336
the county, municipal, or township law enforcement agency.	31337

At all intersections at which traffic control signal	31338
photo-monitoring devices are installed, the time period during	31339
which the traffic control signal displays a yellow light or yellow	31340
arrow shall conform with the provisions contained in the manual	31341
adopted by the department of transportation pursuant to section	31342
4511.09 of the Revised Code governing the time of display of	31343
yellow lights and yellow arrows by traffic control signals.	31344

Sec. 4511.095. No municipal corporation, county, or township	31345
shall enter into any contract with any governmental or	31346
nongovernmental entity for the provision of services relating to	31347
the installation or maintenance of traffic control signal	31348
photo-monitoring devices or any services related to the	31349
processing, collecting, or enforcing of tickets, civil judgments,	31350
and default judgments entered pursuant to section 4511.096 and	31351
Chapter 4521. of the Revised Code if the contract involves payment	31352
of any type by the municipal corporation, county, or township to	31353
the governmental or nongovernmental entity on a contingent basis.	31354
A municipal corporation, county, or township may pay a	31355
governmental or nongovernmental entity on an installment basis for	31356
services of that nature, for traffic control signal	31357
photo-monitoring devices, or for maintenance of those devices.	31358

As used in this section, "contingent basis" means any portion	31359
of or all of the payments made by the municipal corporation,	31360
county, or township to the governmental or nongovernmental entity	31361
is dependent upon fines being levied or collected by the county,	31362
municipal corporation, or township due to traffic control signal	31363
violations detected by traffic control signal photo-monitoring	31364
devices, and the payment is either a fixed amount of every such	31365
fine or an amount to be determined by a specified formula,	31366
including, but not limited to, a percentage of every such fine.	31367

Sec. 4511.096. Only a law enforcement officer employed by a	31368
municipal corporation, county, or township that adopts an	31369
ordinance or resolution of the type described in section 4511.094	31370
of the Revised Code may examine any photograph, videotape, or	31371
digital image recorded by the traffic control signal	31372
photo-monitoring device to determine whether a motor vehicle has	31373
violated the instruction of the red light of the traffic control	31374
signal at the intersection monitored by the device. If the	31375
photograph, videotape, or digital image shows an alleged violation	31376
of that nature, contains a notation of the date and time of the	31377
alleged violation, and permits the law enforcement officer to read	31378
the letters and numbers on the motor vehicle's rear license plate,	31379
the officer may use any legal means, including contacting the	31380
bureau of motor vehicles as described in this section, to obtain	31381
the name and mailing address of the motor vehicle's owner. After	31382
the law enforcement officer obtains the motor vehicle owner's name	31383
and mailing address, the officer or another law enforcement	31384
officer may send the owner a ticket charging the owner with a	31385
violation of the instruction of the red light of the traffic	31386
control signal. For each traffic control signal photo-monitoring	31387
device, during the first thirty days the device is monitoring the	31388
intersection, the municipal corporation, county, or township shall	31389
issue only warning notices and shall not issue any ticket or	31390
citation for any violation of the instruction of the red light of	31391
the traffic control signal detected by the device.	31392

A law enforcement officer employed by a municipal	31393
corporation, county, or township that adopts an ordinance or	31394
resolution of the type described in section 4511.094 of the	31395
Revised Code, or an officer or employee of a governmental or	31396
nongovernmental entity that is a party to an enforcement contract	31397
entered into under section 4511.095 of the Revised Code, may	31398
contact the bureau of motor vehicles to obtain pursuant to section	31399
4501.27 of the Revised Code the name and mailing address of the	31400
owner of a motor vehicle that commits a violation as described in	31401
this section or any information needed to assist in processing,	31402
collecting, and enforcing tickets issued relative to, or civil	31403
judgments and default judgments entered relative to, any violation	31404
described in this section.	31405

Sec. 4511.097. (A) In addition to the manners provided in	31406
section 4521.09 of the Revised Code, the owner of a motor vehicle	31407
shall be entitled to establish nonliability for the violation of	31408
the instruction of the red light of the traffic control signal	31409
that was the subject of an ordinance or resolution of the type	31410
described in section 4511.094 of the Revised Code in either of the	31411
following manners:	31412

(1) By establishing that at the time of the violation the	31413
vehicle was in the care, custody, or control of a person other	31414
than the owner pursuant to a written rental or lease agreement.	31415
This fact may be established by a copy of the written rental or	31416
lease agreement or an affidavit stating the name and address of	31417
the lessee or renter in possession of the motor vehicle at the	31418
time of the violation.	31419

(2) By establishing that the vehicle was stolen at the time	31420
of the violation. This fact may be established by a copy of a law	31421
enforcement agency report stating that the vehicle involved was	31422
reported as being stolen before the time of the violation or an	31423
affidavit stating that the vehicle was stolen at the time of the	31424
violation.	31425

(B) A person desiring to establish nonliability under	31426
division (A)(1) or (2) of this section may answer the ticket	31427
referred to in section 4511.096 of the Revised Code by denying the	31428
violation with an explanation. The person shall submit the	31429
affidavit or documentary evidence described in division (A)(1) or	31430
(2) of this section within sixty days after receipt of the ticket	31431
to the court that receives the person's answer. The court that	31432
receives the answer shall determine whether the person's	31433
explanation, together with any affidavit or documentary evidence,	31434
meets the standard set forth in those divisions and notify the	31435
person, in writing, of its determination.	31436

Whenever a court determines under this division that an owner	31437
has established nonliability under division (A)(1) of this	31438
section, the court shall notify the law enforcement officer who	31439
sent the ticket to the owner of that determination and provide the	31440
officer with the evidence establishing another individual as the	31441
renter or lessee of the motor vehicle and as the motor vehicle's	31442
probable operator at the time of the violation of the instruction	31443
of the red light of the traffic control signal that was detected	31444
by the traffic control signal photo-monitoring device. Upon	31445
receipt of this information, the law enforcement officer may issue	31446
a ticket for the violation to that renter or lessee and may	31447
proceed in the same manner as if the renter or lessee had been	31448
originally charged with the violation. That renter or lessee shall	31449
be charged with and be liable for the violation to the same extent	31450
as if the renter or lessee had been originally charged with the	31451
violation.	31452

Sec. 4511.191. (A) Any person who operates a vehicle upon a	31453
highway or any public or private property used by the public for	31454
vehicular travel or parking within this state shall be deemed to	31455
have given consent to a chemical test or tests of the person's	31456
blood, breath, or urine for the purpose of determining the	31457
alcohol, drug, or alcohol and drug content of the person's blood,	31458
breath, or urine if arrested for operating a vehicle while under	31459
the influence of alcohol, a drug of abuse, or alcohol and a drug	31460
of abuse or for operating a vehicle with a prohibited	31461
concentration of alcohol in the blood, breath, or urine. The	31462
chemical test or tests shall be administered at the request of a	31463
police officer having reasonable grounds to believe the person to	31464
have been operating a vehicle upon a highway or any public or	31465
private property used by the public for vehicular travel or	31466
parking in this state while under the influence of alcohol, a drug	31467
of abuse, or alcohol and a drug of abuse or with a prohibited	31468
concentration of alcohol in the blood, breath, or urine. The law	31469
enforcement agency by which the officer is employed shall	31470
designate which of the tests shall be administered.	31471

(B) Any person who is dead or unconscious, or who is	31472
otherwise in a condition rendering the person incapable of	31473
refusal, shall be deemed not to have withdrawn consent as provided	31474
by division (A) of this section and the test or tests may be	31475
administered, subject to sections 313.12 to 313.16 of the Revised	31476
Code.	31477

(C)(1) Any person under arrest for operating a vehicle while	31478
under the influence of alcohol, a drug of abuse, or alcohol and a	31479
drug of abuse or for operating a vehicle with a prohibited	31480
concentration of alcohol in the blood, breath, or urine shall be	31481
advised at a police station, or at a hospital, first-aid station,	31482
or clinic to which the person has been taken for first-aid or	31483
medical treatment, of both of the following:	31484

(a) The consequences, as specified in division (E) of this	31485
section, of the person's refusal to submit upon request to a	31486
chemical test designated by the law enforcement agency as provided	31487
in division (A) of this section;	31488

(b) The consequences, as specified in division (F) of this	31489
section, of the person's submission to the designated chemical	31490
test if the person is found to have a prohibited concentration of	31491
alcohol in the blood, breath, or urine.	31492

(2)(a) The advice given pursuant to division (C)(1) of this	31493
section shall be in a written form containing the information	31494
described in division (C)(2)(b) of this section and shall be read	31495
to the person. The form shall contain a statement that the form	31496
was shown to the person under arrest and read to the person in the	31497
presence of the arresting officer and either another police	31498
officer, a civilian police employee, or an employee of a hospital,	31499
first-aid station, or clinic, if any, to which the person has been	31500
taken for first-aid or medical treatment. The witnesses shall	31501
certify to this fact by signing the form.	31502

(b) The form required by division (C)(2)(a) of this section	31503
shall read as follows:	31504

"You now are under arrest for operating a vehicle while under	31505
the influence of alcohol, a drug of abuse, or both alcohol and a	31506
drug of abuse and will be requested by a police officer to submit	31507
to a chemical test to determine the concentration of alcohol,	31508
drugs of abuse, or alcohol and drugs of abuse in your blood,	31509
breath, or urine.	31510

If you refuse to submit to the requested test or if you	31511
submit to the requested test and are found to have a prohibited	31512
concentration of alcohol in your blood, breath, or urine, your	31513
driver's or commercial driver's license or permit or nonresident	31514
operating privilege immediately will be suspended for the period	31515
of time specified by law by the officer, on behalf of the	31516
registrar of motor vehicles. You may appeal this suspension at	31517
your initial appearance before the court that hears the charges	31518
against you resulting from the arrest, and your initial appearance	31519
will be conducted no later than five days after the arrest. This	31520
suspension is independent of the penalties for the offense, and	31521
you may be subject to other penalties upon conviction."	31522

(D)(1) If a person under arrest as described in division	31523
(C)(1) of this section is not asked by a police officer to submit	31524
to a chemical test designated as provided in division (A) of this	31525
section, the arresting officer shall seize the Ohio or	31526
out-of-state driver's or commercial driver's license or permit of	31527
the person and immediately forward the seized license or permit to	31528
the court in which the arrested person is to appear on the charge	31529
for which the person was arrested. If the arrested person does not	31530
have the person's driver's or commercial driver's license or	31531
permit on the person's self or in the person's vehicle, the	31532
arresting officer shall order the arrested person to surrender it	31533
to the law enforcement agency that employs the officer within	31534
twenty-four hours after the arrest, and, upon the surrender, the	31535
officer's employing agency immediately shall forward the license	31536
or permit to the court in which the arrested person is to appear	31537
on the charge for which the person was arrested. Upon receipt of	31538
the license or permit, the court shall retain it pending the	31539
initial appearance of the arrested person and any action taken	31540
under section 4511.196 of the Revised Code.	31541

If a person under arrest as described in division (C)(1) of	31542
this section is asked by a police officer to submit to a chemical	31543
test designated as provided in division (A) of this section and is	31544
advised of the consequences of the person's refusal or submission	31545
as provided in division (C) of this section and if the person	31546
either refuses to submit to the designated chemical test or the	31547
person submits to the designated chemical test and the test	31548
results indicate that the person's blood contained a concentration	31549
of ten-hundredths of one per cent or more by weight of alcohol,	31550
the person's breath contained a concentration of ten-hundredths of	31551
one gram or more by weight of alcohol per two hundred ten liters	31552
of the person's breath, or the person's urine contained a	31553
concentration of fourteen-hundredths of one gram or more by weight	31554
of alcohol per one hundred milliliters of the person's urine at	31555
the time of the alleged offense, the arresting officer shall do	31556
all of the following:	31557

(a) On behalf of the registrar, serve a notice of suspension	31558
upon the person that advises the person that, independent of any	31559
penalties or sanctions imposed upon the person pursuant to any	31560
other section of the Revised Code or any other municipal	31561
ordinance, the person's driver's or commercial driver's license or	31562
permit or nonresident operating privilege is suspended, that the	31563
suspension takes effect immediately, that the suspension will last	31564
at least until the person's initial appearance on the charge that	31565
will be held within five days after the date of the person's	31566
arrest or the issuance of a citation to the person, and that the	31567
person may appeal the suspension at the initial appearance; seize	31568
the Ohio or out-of-state driver's or commercial driver's license	31569
or permit of the person; and immediately forward the seized	31570
license or permit to the registrar. If the arrested person does	31571
not have the person's driver's or commercial driver's license or	31572
permit on the person's self or in the person's vehicle, the	31573
arresting officer shall order the person to surrender it to the	31574
law enforcement agency that employs the officer within twenty-four	31575
hours after the service of the notice of suspension, and, upon the	31576
surrender, the officer's employing agency immediately shall	31577
forward the license or permit to the registrar.	31578

(b) Verify the current residence of the person and, if it	31579
differs from that on the person's driver's or commercial driver's	31580
license or permit, notify the registrar of the change;	31581

(c) In addition to forwarding the arrested person's driver's	31582
or commercial driver's license or permit to the registrar, send to	31583
the registrar, within forty-eight hours after the arrest of the	31584
person, a sworn report that includes all of the following	31585
statements:	31586

(i) That the officer had reasonable grounds to believe that,	31587
at the time of the arrest, the arrested person was operating a	31588
vehicle upon a highway or public or private property used by the	31589
public for vehicular travel or parking within this state while	31590
under the influence of alcohol, a drug of abuse, or alcohol and a	31591
drug of abuse or with a prohibited concentration of alcohol in the	31592
blood, breath, or urine;	31593

(ii) That the person was arrested and charged with operating	31594
a vehicle while under the influence of alcohol, a drug of abuse,	31595
or alcohol and a drug of abuse or with operating a vehicle with a	31596
prohibited concentration of alcohol in the blood, breath, or	31597
urine;	31598

(iii) That the officer asked the person to take the	31599
designated chemical test, advised the person of the consequences	31600
of submitting to the chemical test or refusing to take the	31601
chemical test, and gave the person the form described in division	31602
(C)(2) of this section;	31603

(iv) That the person refused to submit to the chemical test	31604
or that the person submitted to the chemical test and the test	31605
results indicate that the person's blood contained a concentration	31606
of ten-hundredths of one per cent or more by weight of alcohol,	31607
the person's breath contained a concentration of ten-hundredths of	31608
one gram or more by weight of alcohol per two hundred ten liters	31609
of the person's breath, or the person's urine contained a	31610
concentration of fourteen-hundredths of one gram or more by weight	31611
of alcohol per one hundred milliliters of the person's urine at	31612
the time of the alleged offense;	31613

(v) That the officer served a notice of suspension upon the	31614
person as described in division (D)(1)(a) of this section.	31615

(2) The sworn report of an arresting officer completed under	31616
division (D)(1)(c) of this section shall be given by the officer	31617
to the arrested person at the time of the arrest or sent to the	31618
person by regular first class mail by the registrar as soon	31619
thereafter as possible, but no later than fourteen days after	31620
receipt of the report. An arresting officer may give an unsworn	31621
report to the arrested person at the time of the arrest provided	31622
the report is complete when given to the arrested person and	31623
subsequently is sworn to by the arresting officer. As soon as	31624
possible, but no later than forty-eight hours after the arrest of	31625
the person, the arresting officer shall send a copy of the sworn	31626
report to the court in which the arrested person is to appear on	31627
the charge for which the person was arrested.	31628

(3) The sworn report of an arresting officer completed and	31629
sent to the registrar and the court under divisions (D)(1)(c) and	31630
(D)(2) of this section is prima-facie proof of the information and	31631
statements that it contains and shall be admitted and considered	31632
as prima-facie proof of the information and statements that it	31633
contains in any appeal under division (H) of this section relative	31634
to any suspension of a person's driver's or commercial driver's	31635
license or permit or nonresident operating privilege that results	31636
from the arrest covered by the report.	31637

(E)(1) Upon receipt of the sworn report of an arresting	31638
officer completed and sent to the registrar and a court pursuant	31639
to divisions (D)(1)(c) and (D)(2) of this section in regard to a	31640
person who refused to take the designated chemical test, the	31641
registrar shall enter into the registrar's records the fact that	31642
the person's driver's or commercial driver's license or permit or	31643
nonresident operating privilege was suspended by the arresting	31644
officer under division (D)(1)(a) of this section and the period of	31645
the suspension, as determined under divisions (E)(1)(a) to (d) of	31646
this section. The suspension shall be subject to appeal as	31647
provided in this section and shall be for whichever of the	31648
following periods applies:	31649

(a) If the arrested person, within five years of the date on	31650
which the person refused the request to consent to the chemical	31651
test, had not refused a previous request to consent to a chemical	31652
test of the person's blood, breath, or urine to determine its	31653
alcohol content, the period of suspension shall be one year. If	31654
the person is a resident without a license or permit to operate a	31655
vehicle within this state, the registrar shall deny to the person	31656
the issuance of a driver's or commercial driver's license or	31657
permit for a period of one year after the date of the alleged	31658
violation.	31659

(b) If the arrested person, within five years of the date on	31660
which the person refused the request to consent to the chemical	31661
test, had refused one previous request to consent to a chemical	31662
test of the person's blood, breath, or urine to determine its	31663
alcohol content, the period of suspension or denial shall be two	31664
years.	31665

(c) If the arrested person, within five years of the date on	31666
which the person refused the request to consent to the chemical	31667
test, had refused two previous requests to consent to a chemical	31668
test of the person's blood, breath, or urine to determine its	31669
alcohol content, the period of suspension or denial shall be three	31670
years.	31671

(d) If the arrested person, within five years of the date on	31672
which the person refused the request to consent to the chemical	31673
test, had refused three or more previous requests to consent to a	31674
chemical test of the person's blood, breath, or urine to determine	31675
its alcohol content, the period of suspension or denial shall be	31676
five years.	31677

(2) The suspension or denial imposed under division (E)(1) of	31678
this section shall continue for the entire one-year, two-year,	31679
three-year, or five-year period, subject to appeal as provided in	31680
this section and subject to termination as provided in division	31681
(K) of this section.	31682

(F) Upon receipt of the sworn report of an arresting officer	31683
completed and sent to the registrar and a court pursuant to	31684
divisions (D)(1)(c) and (D)(2) of this section in regard to a	31685
person whose test results indicate that the person's blood	31686
contained a concentration of ten-hundredths of one per cent or	31687
more by weight of alcohol, the person's breath contained a	31688
concentration of ten-hundredths of one gram or more by weight of	31689
alcohol per two hundred ten liters of the person's breath, or the	31690
person's urine contained a concentration of fourteen-hundredths of	31691
one gram or more by weight of alcohol per one hundred milliliters	31692
of the person's urine at the time of the alleged offense, the	31693
registrar shall enter into the registrar's records the fact that	31694
the person's driver's or commercial driver's license or permit or	31695
nonresident operating privilege was suspended by the arresting	31696
officer under division (D)(1)(a) of this section and the period of	31697
the suspension, as determined under divisions (F)(1) to (4) of	31698
this section. The suspension shall be subject to appeal as	31699
provided in this section and shall be for whichever of the	31700
following periods that applies:	31701

(1) Except when division (F)(2), (3), or (4) of this section	31702
applies and specifies a different period of suspension or denial,	31703
the period of the suspension or denial shall be ninety days.	31704

(2) The period of suspension or denial shall be one year if	31705
the person has been convicted, within six years of the date the	31706
test was conducted, of a violation of one of the following:	31707

(a) Division (A) or (B) of section 4511.19 of the Revised	31708
Code;	31709

(b) A municipal ordinance relating to operating a vehicle	31710
while under the influence of alcohol, a drug of abuse, or alcohol	31711
and a drug of abuse;	31712

(c) A municipal ordinance relating to operating a vehicle	31713
with a prohibited concentration of alcohol in the blood, breath,	31714
or urine;	31715

(d) Section 2903.04 of the Revised Code in a case in which	31716
the offender was subject to the sanctions described in division	31717
(D) of that section;	31718

(e) Division (A)(1) of section 2903.06 or division (A)(1) of	31719
section 2903.08 of the Revised Code or a municipal ordinance that	31720
is substantially similar to either of those divisions;	31721

(f) Division (A)(2), (3), or (4) of section 2903.06, division	31722
(A)(2) of section 2903.08, or former section 2903.07 of the	31723
Revised Code, or a municipal ordinance that is substantially	31724
similar to any of those divisions or that former section, in a	31725
case in which the jury or judge found that at the time of the	31726
commission of the offense the offender was under the influence of	31727
alcohol, a drug of abuse, or alcohol and a drug of abuse;	31728

(g) A statute of the United States or of any other state or a	31729
municipal ordinance of a municipal corporation located in any	31730
other state that is substantially similar to division (A) or (B)	31731
of section 4511.19 of the Revised Code.	31732

(3) If the person has been convicted, within six years of the	31733
date the test was conducted, of two violations of a statute or	31734
ordinance described in division (F)(2) of this section, the period	31735
of the suspension or denial shall be two years.	31736

(4) If the person has been convicted, within six years of the	31737
date the test was conducted, of more than two violations of a	31738
statute or ordinance described in division (F)(2) of this section,	31739
the period of the suspension or denial shall be three years.	31740

(G)(1) A suspension of a person's driver's or commercial	31741
driver's license or permit or nonresident operating privilege	31742
under division (D)(1)(a) of this section for the period of time	31743
described in division (E) or (F) of this section is effective	31744
immediately from the time at which the arresting officer serves	31745
the notice of suspension upon the arrested person. Any subsequent	31746
finding that the person is not guilty of the charge that resulted	31747
in the person being requested to take, or in the person taking,	31748
the chemical test or tests under division (A) of this section	31749
affects the suspension only as described in division (H)(2) of	31750
this section.	31751

(2) If a person is arrested for operating a vehicle while	31752
under the influence of alcohol, a drug of abuse, or alcohol and a	31753
drug of abuse or for operating a vehicle with a prohibited	31754
concentration of alcohol in the blood, breath, or urine and	31755
regardless of whether the person's driver's or commercial driver's	31756
license or permit or nonresident operating privilege is or is not	31757
suspended under division (E) or (F) of this section, the person's	31758
initial appearance on the charge resulting from the arrest shall	31759
be held within five days of the person's arrest or the issuance of	31760
the citation to the person, subject to any continuance granted by	31761
the court pursuant to division (H)(1) of this section regarding	31762
the issues specified in that division.	31763

(H)(1) If a person is arrested for operating a vehicle while	31764
under the influence of alcohol, a drug of abuse, or alcohol and a	31765
drug of abuse or for operating a vehicle with a prohibited	31766
concentration of alcohol in the blood, breath, or urine and if the	31767
person's driver's or commercial driver's license or permit or	31768
nonresident operating privilege is suspended under division (E) or	31769
(F) of this section, the person may appeal the suspension at the	31770
person's initial appearance on the charge resulting from the	31771
arrest in the court in which the person will appear on that	31772
charge. If the person appeals the suspension at the person's	31773
initial appearance, the appeal does not stay the operation of the	31774
suspension. Subject to division (H)(2) of this section, no court	31775
has jurisdiction to grant a stay of a suspension imposed under	31776
division (E) or (F) of this section, and any order issued by any	31777
court that purports to grant a stay of any suspension imposed	31778
under either of those divisions shall not be given administrative	31779
effect.	31780

If the person appeals the suspension at the person's initial	31781
appearance, either the person or the registrar may request a	31782
continuance of the appeal. Either the person or the registrar	31783
shall make the request for a continuance of the appeal at the same	31784
time as the making of the appeal. If either the person or the	31785
registrar requests a continuance of the appeal, the court may	31786
grant the continuance. The court also may continue the appeal on	31787
its own motion. The granting of a continuance applies only to the	31788
conduct of the appeal of the suspension and does not extend the	31789
time within which the initial appearance must be conducted, and	31790
the court shall proceed with all other aspects of the initial	31791
appearance in accordance with its normal procedures. Neither the	31792
request for nor the granting of a continuance stays the operation	31793
of the suspension that is the subject of the appeal.	31794

If the person appeals the suspension at the person's initial	31795
appearance, the scope of the appeal is limited to determining	31796
whether one or more of the following conditions have not been met:	31797

(a) Whether the law enforcement officer had reasonable ground	31798
to believe the arrested person was operating a vehicle upon a	31799
highway or public or private property used by the public for	31800
vehicular travel or parking within this state while under the	31801
influence of alcohol, a drug of abuse, or alcohol and a drug of	31802
abuse or with a prohibited concentration of alcohol in the blood,	31803
breath, or urine and whether the arrested person was in fact	31804
placed under arrest;	31805

(b) Whether the law enforcement officer requested the	31806
arrested person to submit to the chemical test designated pursuant	31807
to division (A) of this section;	31808

(c) Whether the arresting officer informed the arrested	31809
person of the consequences of refusing to be tested or of	31810
submitting to the test;	31811

(d) Whichever of the following is applicable:

31812

(i) Whether the arrested person refused to submit to the	31813
chemical test requested by the officer;	31814

(ii) Whether the chemical test results indicate that the	31815
arrested person's blood contained a concentration of	31816
ten-hundredths of one per cent or more by weight of alcohol, the	31817
person's breath contained a concentration of ten-hundredths of one	31818
gram or more by weight of alcohol per two hundred ten liters of	31819
the person's breath, or the person's urine contained a	31820
concentration of fourteen-hundredths of one gram or more by weight	31821
of alcohol per one hundred milliliters of the person's urine at	31822
the time of the alleged offense.	31823

(2) If the person appeals the suspension at the initial	31824
appearance, the judge or referee of the court or the mayor of the	31825
mayor's court shall determine whether one or more of the	31826
conditions specified in divisions (H)(1)(a) to (d) of this section	31827
have not been met. The person who appeals the suspension has the	31828
burden of proving, by a preponderance of the evidence, that one or	31829
more of the specified conditions has not been met. If during the	31830
appeal at the initial appearance the judge or referee of the court	31831
or the mayor of the mayor's court determines that all of those	31832
conditions have been met, the judge, referee, or mayor shall	31833
uphold the suspension, shall continue the suspension, and shall	31834
notify the registrar of the decision on a form approved by the	31835
registrar. Except as otherwise provided in division (H)(2) of this	31836
section, if the suspension is upheld or if the person does not	31837
appeal the suspension at the person's initial appearance under	31838
division (H)(1) of this section, the suspension shall continue	31839
until the complaint alleging the violation for which the person	31840
was arrested and in relation to which the suspension was imposed	31841
is adjudicated on the merits by the judge or referee of the trial	31842
court or by the mayor of the mayor's court. If the suspension was	31843
imposed under division (E) of this section and it is continued	31844
under this division, any subsequent finding that the person is not	31845
guilty of the charge that resulted in the person being requested	31846
to take the chemical test or tests under division (A) of this	31847
section does not terminate or otherwise affect the suspension. If	31848
the suspension was imposed under division (F) of this section and	31849
it is continued under this division, the suspension shall	31850
terminate if, for any reason, the person subsequently is found not	31851
guilty of the charge that resulted in the person taking the	31852
chemical test or tests under division (A) of this section.	31853

If, during the appeal at the initial appearance, the judge or	31854
referee of the trial court or the mayor of the mayor's court	31855
determines that one or more of the conditions specified in	31856
divisions (H)(1)(a) to (d) of this section have not been met, the	31857
judge, referee, or mayor shall terminate the suspension, subject	31858
to the imposition of a new suspension under division (B) of	31859
section 4511.196 of the Revised Code; shall notify the registrar	31860
of the decision on a form approved by the registrar; and, except	31861
as provided in division (B) of section 4511.196 of the Revised	31862
Code, shall order the registrar to return the driver's or	31863
commercial driver's license or permit to the person or to take	31864
such measures as may be necessary, if the license or permit was	31865
destroyed under section 4507.55 of the Revised Code, to permit the	31866
person to obtain a replacement driver's or commercial driver's	31867
license or permit from the registrar or a deputy registrar in	31868
accordance with that section. The court also shall issue to the	31869
person a court order, valid for not more than ten days from the	31870
date of issuance, granting the person operating privileges for	31871
that period of time.	31872

If the person appeals the suspension at the initial	31873
appearance, the registrar shall be represented by the prosecuting	31874
attorney of the county in which the arrest occurred if the initial	31875
appearance is conducted in a juvenile court or county court,	31876
except that if the arrest occurred within a city or village within	31877
the jurisdiction of the county court in which the appeal is	31878
conducted, the city director of law or village solicitor of that	31879
city or village shall represent the registrar. If the appeal is	31880
conducted in a municipal court, the registrar shall be represented	31881
as provided in section 1901.34 of the Revised Code. If the appeal	31882
is conducted in a mayor's court, the registrar shall be	31883
represented by the city director of law, village solicitor, or	31884
other chief legal officer of the municipal corporation that	31885
operates that mayor's court.	31886

(I)(1)(a) A person is not entitled to request, and a court	31887
shall not grant to the person, occupational driving privileges	31888
under division (I)(1) of this section if a person's driver's or	31889
commercial driver's license or permit or nonresident operating	31890
privilege has been suspended pursuant to division (E) of this	31891
section, and the person, within the preceding seven years, has	31892
refused three previous requests to consent to a chemical test of	31893
the person's blood, breath, or urine to determine its alcohol	31894
content or has been convicted of or pleaded guilty to three or	31895
more violations of one or more of the following:	31896

(i) Division (A) or (B) of section 4511.19 of the Revised	31897
Code;	31898

(ii) A municipal ordinance relating to operating a vehicle	31899
while under the influence of alcohol, a drug of abuse, or alcohol	31900
and a drug of abuse;	31901

(iii) A municipal ordinance relating to operating a vehicle	31902
with a prohibited concentration of alcohol in the blood, breath,	31903
or urine;	31904

(iv) Section 2903.04 of the Revised Code in a case in which	31905
the person was subject to the sanctions described in division (D)	31906
of that section;	31907

(v) Division (A)(1) of section 2903.06 or division (A)(1) of	31908
section 2903.08 of the Revised Code or a municipal ordinance that	31909
is substantially similar to either of those divisions;	31910

(vi) Division (A)(2), (3), or (4) of section 2903.06,	31911
division (A)(2) of section 2903.08, or former section 2903.07 of	31912
the Revised Code, or a municipal ordinance that is substantially	31913
similar to any of those divisions or that former section, in a	31914
case in which the jury or judge found that the person was under	31915
the influence of alcohol, a drug of abuse, or alcohol and a drug	31916
of abuse;	31917

(vii) A statute of the United States or of any other state or	31918
a municipal ordinance of a municipal corporation located in any	31919
other state that is substantially similar to division (A) or (B)	31920
of section 4511.19 of the Revised Code.	31921

(b) Any other person who is not described in division	31922
(I)(1)(a) of this section and whose driver's or commercial	31923
driver's license or nonresident operating privilege has been	31924
suspended pursuant to division (E) of this section may file a	31925
petition requesting occupational driving privileges in the common	31926
pleas court, municipal court, county court, mayor's court, or, if	31927
the person is a minor, juvenile court with jurisdiction over the	31928
related criminal or delinquency case. The petition may be filed at	31929
any time subsequent to the date on which the notice of suspension	31930
is served upon the arrested person. The person shall pay the costs	31931
of the proceeding, notify the registrar of the filing of the	31932
petition, and send the registrar a copy of the petition.	31933

In the proceedings, the registrar shall be represented by the	31934
prosecuting attorney of the county in which the arrest occurred if	31935
the petition is filed in the juvenile court, county court, or	31936
common pleas court, except that, if the arrest occurred within a	31937
city or village within the jurisdiction of the county court in	31938
which the petition is filed, the city director of law or village	31939
solicitor of that city or village shall represent the registrar.	31940
If the petition is filed in the municipal court, the registrar	31941
shall be represented as provided in section 1901.34 of the Revised	31942
Code. If the petition is filed in a mayor's court, the registrar	31943
shall be represented by the city director of law, village	31944
solicitor, or other chief legal officer of the municipal	31945
corporation that operates the mayor's court.	31946

The court, if it finds reasonable cause to believe that	31947
suspension would seriously affect the person's ability to continue	31948
in the person's employment, may grant the person occupational	31949
driving privileges during the period of suspension imposed	31950
pursuant to division (E) of this section, subject to the	31951
limitations contained in this division and division (I)(2) of this	31952
section. The court may grant the occupational driving privileges,	31953
subject to the limitations contained in this division and division	31954
(I)(2) of this section, regardless of whether the person appeals	31955
the suspension at the person's initial appearance under division	31956
(H)(1) of this section or appeals the decision of the court made	31957
pursuant to the appeal conducted at the initial appearance, and,	31958
if the person has appealed the suspension or decision, regardless	31959
of whether the matter at issue has been heard or decided by the	31960
court. The court shall not grant occupational driving privileges	31961
for employment as a driver of commercial motor vehicles to any	31962
person who is disqualified from operating a commercial motor	31963
vehicle under section 3123.611 or 4506.16 of the Revised Code or	31964
whose commercial driver's license or commercial driver's temporary	31965
instruction permit has been suspended under section 3123.58 of the	31966
Revised Code.	31967

(2)(a) In granting occupational driving privileges under	31968
division (I)(1) of this section, the court may impose any	31969
condition it considers reasonable and necessary to limit the use	31970
of a vehicle by the person. The court shall deliver to the person	31971
a permit card, in a form to be prescribed by the court, setting	31972
forth the time, place, and other conditions limiting the	31973
defendant's use of a vehicle. The grant of occupational driving	31974
privileges shall be conditioned upon the person's having the	31975
permit in the person's possession at all times during which the	31976
person is operating a vehicle.	31977

A person granted occupational driving privileges who operates	31978
a vehicle for other than occupational purposes, in violation of	31979
any condition imposed by the court, or without having the permit	31980
in the person's possession, is guilty of a violation of section	31981
4507.02 of the Revised Code.	31982

(b) The court may not grant a person occupational driving	31983
privileges under division (I)(1) of this section when prohibited	31984
by a limitation contained in that division or during any of the	31985
following periods of time:	31986

(i) The first thirty days of suspension imposed upon a person	31987
who, within five years of the date on which the person refused the	31988
request to consent to a chemical test of the person's blood,	31989
breath, or urine to determine its alcohol content and for which	31990
refusal the suspension was imposed, had not refused a previous	31991
request to consent to a chemical test of the person's blood,	31992
breath, or urine to determine its alcohol content;	31993

(ii) The first ninety days of suspension imposed upon a	31994
person who, within five years of the date on which the person	31995
refused the request to consent to a chemical test of the person's	31996
blood, breath, or urine to determine its alcohol content and for	31997
which refusal the suspension was imposed, had refused one previous	31998
request to consent to a chemical test of the person's blood,	31999
breath, or urine to determine its alcohol content;	32000

(iii) The first year of suspension imposed upon a person who,	32001
within five years of the date on which the person refused the	32002
request to consent to a chemical test of the person's blood,	32003
breath, or urine to determine its alcohol content and for which	32004
refusal the suspension was imposed, had refused two previous	32005
requests to consent to a chemical test of the person's blood,	32006
breath, or urine to determine its alcohol content;	32007

(iv) The first three years of suspension imposed upon a	32008
person who, within five years of the date on which the person	32009
refused the request to consent to a chemical test of the person's	32010
blood, breath, or urine to determine its alcohol content and for	32011
which refusal the suspension was imposed, had refused three or	32012
more previous requests to consent to a chemical test of the	32013
person's blood, breath, or urine to determine its alcohol content.	32014

(3) The court shall give information in writing of any action	32015
taken under this section to the registrar.	32016

(4) If a person's driver's or commercial driver's license or	32017
permit or nonresident operating privilege has been suspended	32018
pursuant to division (F) of this section, and the person, within	32019
the preceding seven years, has been convicted of or pleaded guilty	32020
to three or more violations of division (A) or (B) of section	32021
4511.19 of the Revised Code, a municipal ordinance relating to	32022
operating a vehicle while under the influence of alcohol, a drug	32023
of abuse, or alcohol and a drug of abuse, a municipal ordinance	32024
relating to operating a vehicle with a prohibited concentration of	32025
alcohol in the blood, breath, or urine, section 2903.04 of the	32026
Revised Code in a case in which the person was subject to the	32027
sanctions described in division (D) of that section, or section	32028
2903.06, 2903.07, or 2903.08 of the Revised Code or a municipal	32029
ordinance that is substantially similar to section 2903.07 of the	32030
Revised Code in a case in which the jury or judge found that the	32031
person was under the influence of alcohol, a drug of abuse, or	32032
alcohol and a drug of abuse, or a statute of the United States or	32033
of any other state or a municipal ordinance of a municipal	32034
corporation located in any other state that is substantially	32035
similar to division (A) or (B) of section 4511.19 of the Revised	32036
Code, the person is not entitled to request, and the court shall	32037
not grant to the person, occupational driving privileges under	32038
this division. Any other person whose driver's or commercial	32039
driver's license or nonresident operating privilege has been	32040
suspended pursuant to division (F) of this section may file in the	32041
court specified in division (I)(1)(b) of this section a petition	32042
requesting occupational driving privileges in accordance with	32043
section 4507.16 of the Revised Code. The petition may be filed at	32044
any time subsequent to the date on which the arresting officer	32045
serves the notice of suspension upon the arrested person. Upon the	32046
making of the request, occupational driving privileges may be	32047
granted in accordance with section 4507.16 of the Revised Code.	32048
The court may grant the occupational driving privileges, subject	32049
to the limitations contained in section 4507.16 of the Revised	32050
Code, regardless of whether the person appeals the suspension at	32051
the person's initial appearance under division (H)(1) of this	32052
section or appeals the decision of the court made pursuant to the	32053
appeal conducted at the initial appearance, and, if the person has	32054
appealed the suspension or decision, regardless of whether the	32055
matter at issue has been heard or decided by the court.	32056

(J) When it finally has been determined under the procedures	32057
of this section that a nonresident's privilege to operate a	32058
vehicle within this state has been suspended, the registrar shall	32059
give information in writing of the action taken to the motor	32060
vehicle administrator of the state of the person's residence and	32061
of any state in which the person has a license.	32062

(K) A suspension of the driver's or commercial driver's	32063
license or permit of a resident, a suspension of the operating	32064
privilege of a nonresident, or a denial of a driver's or	32065
commercial driver's license or permit pursuant to division (E) or	32066
(F) of this section shall be terminated by the registrar upon	32067
receipt of notice of the person's entering a plea of guilty to, or	32068
of the person's conviction of, operating a vehicle while under the	32069
influence of alcohol, a drug of abuse, or alcohol and a drug of	32070
abuse or with a prohibited concentration of alcohol in the blood,	32071
breath, or urine, if the offense for which the plea is entered or	32072
that resulted in the conviction arose from the same incident that	32073
led to the suspension or denial.	32074

The registrar shall credit against any judicial suspension of	32075
a person's driver's or commercial driver's license or permit or	32076
nonresident operating privilege imposed pursuant to division (B)	32077
or (E) of section 4507.16 of the Revised Code any time during	32078
which the person serves a related suspension imposed pursuant to	32079
division (E) or (F) of this section.	32080

(L) At the end of a suspension period under this section,	32081
section 4511.196, or division (B) of section 4507.16 of the	32082
Revised Code and upon the request of the person whose driver's or	32083
commercial driver's license or permit was suspended and who is not	32084
otherwise subject to suspension, revocation, or disqualification,	32085
the registrar shall return the driver's or commercial driver's	32086
license or permit to the person upon the person's compliance with	32087
all of the conditions specified in divisions (L)(1) and (2) of	32088
this section:	32089

(1) A showing by the person that the person has proof of	32090
financial responsibility, a policy of liability insurance in	32091
effect that meets the minimum standards set forth in section	32092
4509.51 of the Revised Code, or proof, to the satisfaction of the	32093
registrar, that the person is able to respond in damages in an	32094
amount at least equal to the minimum amounts specified in section	32095
4509.51 of the Revised Code.	32096

(2) Subject to the limitation contained in division (L)(3) of	32097
this section, payment by the person of a license reinstatement fee	32098
of four hundred twenty-five dollars to the bureau of motor	32099
vehicles, which fee shall be deposited in the state treasury and	32100
credited as follows:	32101

(a) One hundred twelve dollars and fifty cents shall be	32102
credited to the statewide treatment and prevention fund created by	32103
section 4301.30 of the Revised Code. The fund shall be used to pay	32104
the costs of driver treatment and intervention programs operated	32105
pursuant to sections 3793.02 and 3793.10 of the Revised Code. The	32106
director of alcohol and drug addiction services shall determine	32107
the share of the fund that is to be allocated to alcohol and drug	32108
addiction programs authorized by section 3793.02 of the Revised	32109
Code, and the share of the fund that is to be allocated to	32110
drivers' intervention programs authorized by section 3793.10 of	32111
the Revised Code.	32112

(b) Seventy-five dollars shall be credited to the reparations	32113
fund created by section 2743.191 of the Revised Code.	32114

(c) Thirty-seven dollars and fifty cents shall be credited to	32115
the indigent drivers alcohol treatment fund, which is hereby	32116
established. Except as otherwise provided in division (L)(2)(c) of	32117
this section, moneys in the fund shall be distributed by the	32118
department of alcohol and drug addiction services to the county	32119
indigent drivers alcohol treatment funds, the county juvenile	32120
indigent drivers alcohol treatment funds, and the municipal	32121
indigent drivers alcohol treatment funds that are required to be	32122
established by counties and municipal corporations pursuant to	32123
division (N) of this section, and shall be used only to pay the	32124
cost of an alcohol and drug addiction treatment program attended	32125
by an offender or juvenile traffic offender who is ordered to	32126
attend an alcohol and drug addiction treatment program by a	32127
county, juvenile, or municipal court judge and who is determined	32128
by the county, juvenile, or municipal court judge not to have the	32129
means to pay for attendance at the program or to pay the costs	32130
specified in division (N)(4) of this section in accordance with	32131
that division. Moneys in the fund that are not distributed to a	32132
county indigent drivers alcohol treatment fund, a county juvenile	32133
indigent drivers alcohol treatment fund, or a municipal indigent	32134
drivers alcohol treatment fund under division (N) of this section	32135
because the director of alcohol and drug addiction services does	32136
not have the information necessary to identify the county or	32137
municipal corporation where the offender or juvenile offender was	32138
arrested may be transferred by the director of budget and	32139
management to the statewide treatment and prevention fund created	32140
by section 4301.30 of the Revised Code, upon certification of the	32141
amount by the director of alcohol and drug addiction services.	32142

(d) Seventy-five dollars shall be credited to the Ohio	32143
rehabilitation services commission established by section 3304.12	32144
of the Revised Code, to the services for rehabilitation fund,	32145
which is hereby established. The fund shall be used to match	32146
available federal matching funds where appropriate, and for any	32147
other purpose or program of the commission to rehabilitate people	32148
with disabilities to help them become employed and independent.	32149

(e) ~~Seventy-five~~Sixty dollars shall be ~~deposited into the~~	32150
~~state treasury and~~ credited to the ~~drug abuse resistance education~~	32151
public transportation grant programs fund, which is hereby	32152
established, to be used by the ~~attorney general for the purposes~~	32153
~~specified in division (L)(4) of this section~~department of	32154
transportation to match available federal public transportation	32155
funds and for the department's related operating expenses.	32156

(f) Thirty dollars shall be credited to the state bureau of	32157
motor vehicles fund created by section 4501.25 of the Revised	32158
Code.	32159

(g) Twenty dollars shall be credited to the trauma and	32160
emergency medical services grants fund created by section 4513.263	32161
of the Revised Code.	32162

(h) Fifteen dollars shall be credited to the public safety	32163
investigative unit fund, which is hereby established, to be used	32164
by the department of public safety investigative unit for the	32165
enforcement of the laws and rules described in division (B)(1) of	32166
section 5502.14 of the Revised Code.	32167

(3) If a person's driver's or commercial driver's license or	32168
permit is suspended under division (E) or (F) of this section,	32169
section 4511.196, or division (B) of section 4507.16 of the	32170
Revised Code, or any combination of the suspensions described in	32171
division (L)(3) of this section, and if the suspensions arise from	32172
a single incident or a single set of facts and circumstances, the	32173
person is liable for payment of, and shall be required to pay to	32174
the bureau, only one reinstatement fee of four hundred five	32175
dollars. The reinstatement fee shall be distributed by the bureau	32176
in accordance with division (L)(2) of this section.	32177

~~(4) The attorney general shall use amounts in the drug abuse~~	32178
~~resistance education programs fund to award grants to law~~	32179
~~enforcement agencies to establish and implement drug abuse~~	32180
~~resistance education programs in public schools. Grants awarded to~~	32181
~~a law enforcement agency under division (L)(2)(e) of this section~~	32182
~~shall be used by the agency to pay for not more than fifty per~~	32183
~~cent of the amount of the salaries of law enforcement officers who~~	32184
~~conduct drug abuse resistance education programs in public~~	32185
~~schools. The attorney general shall not use more than six per cent~~	32186
~~of the amounts the attorney general's office receives under~~	32187
~~division (L)(2)(e) of this section to pay the costs it incurs in~~	32188
~~administering the grant program established by division (L)(2)(e)~~	32189
~~of this section and in providing training and materials relating~~	32190
~~to drug abuse resistance education programs.~~	32191

~~The attorney general shall report to the governor and the~~	32192
~~general assembly each fiscal year on the progress made in~~	32193
~~establishing and implementing drug abuse resistance education~~	32194
~~programs. These reports shall include an evaluation of the~~	32195
~~effectiveness of these programs.~~	32196

(M) Suspension of a commercial driver's license under	32197
division (E) or (F) of this section shall be concurrent with any	32198
period of disqualification under section 3123.611 or 4506.16 of	32199
the Revised Code or any period of suspension under section 3123.58	32200
of the Revised Code. No person who is disqualified for life from	32201
holding a commercial driver's license under section 4506.16 of the	32202
Revised Code shall be issued a driver's license under Chapter	32203
4507. of the Revised Code during the period for which the	32204
commercial driver's license was suspended under division (E) or	32205
(F) of this section, and no person whose commercial driver's	32206
license is suspended under division (E) or (F) of this section	32207
shall be issued a driver's license under that chapter during the	32208
period of the suspension.	32209

(N)(1) Each county shall establish an indigent drivers	32210
alcohol treatment fund, each county shall establish a juvenile	32211
indigent drivers alcohol treatment fund, and each municipal	32212
corporation in which there is a municipal court shall establish an	32213
indigent drivers alcohol treatment fund. All revenue that the	32214
general assembly appropriates to the indigent drivers alcohol	32215
treatment fund for transfer to a county indigent drivers alcohol	32216
treatment fund, a county juvenile indigent drivers alcohol	32217
treatment fund, or a municipal indigent drivers alcohol treatment	32218
fund, all portions of fees that are paid under division (L) of	32219
this section and that are credited under that division to the	32220
indigent drivers alcohol treatment fund in the state treasury for	32221
a county indigent drivers alcohol treatment fund, a county	32222
juvenile indigent drivers alcohol treatment fund, or a municipal	32223
indigent drivers alcohol treatment fund, and all portions of fines	32224
that are specified for deposit into a county or municipal indigent	32225
drivers alcohol treatment fund by section 4511.193 of the Revised	32226
Code shall be deposited into that county indigent drivers alcohol	32227
treatment fund, county juvenile indigent drivers alcohol treatment	32228
fund, or municipal indigent drivers alcohol treatment fund in	32229
accordance with division (N)(2) of this section. Additionally, all	32230
portions of fines that are paid for a violation of section 4511.19	32231
of the Revised Code or division (B)(2) of section 4507.02 of the	32232
Revised Code, and that are required under division (A)(1), (2),	32233
(5), or (6) of section 4511.99 or division (B)(5) of section	32234
4507.99 of the Revised Code to be deposited into a county indigent	32235
drivers alcohol treatment fund or municipal indigent drivers	32236
alcohol treatment fund shall be deposited into the appropriate	32237
fund in accordance with the applicable division.	32238

(2) That portion of the license reinstatement fee that is	32239
paid under division (L) of this section and that is credited under	32240
that division to the indigent drivers alcohol treatment fund shall	32241
be deposited into a county indigent drivers alcohol treatment	32242
fund, a county juvenile indigent drivers alcohol treatment fund,	32243
or a municipal indigent drivers alcohol treatment fund as follows:	32244

(a) If the suspension in question was imposed under this	32245
section, that portion of the fee shall be deposited as follows:	32246

(i) If the fee is paid by a person who was charged in a	32247
county court with the violation that resulted in the suspension,	32248
the portion shall be deposited into the county indigent drivers	32249
alcohol treatment fund under the control of that court;	32250

(ii) If the fee is paid by a person who was charged in a	32251
juvenile court with the violation that resulted in the suspension,	32252
the portion shall be deposited into the county juvenile indigent	32253
drivers alcohol treatment fund established in the county served by	32254
the court;	32255

(iii) If the fee is paid by a person who was charged in a	32256
municipal court with the violation that resulted in the	32257
suspension, the portion shall be deposited into the municipal	32258
indigent drivers alcohol treatment fund under the control of that	32259
court.	32260

(b) If the suspension in question was imposed under division	32261
(B) of section 4507.16 of the Revised Code, that portion of the	32262
fee shall be deposited as follows:	32263

(i) If the fee is paid by a person whose license or permit	32264
was suspended by a county court, the portion shall be deposited	32265
into the county indigent drivers alcohol treatment fund under the	32266
control of that court;	32267

(ii) If the fee is paid by a person whose license or permit	32268
was suspended by a municipal court, the portion shall be deposited	32269
into the municipal indigent drivers alcohol treatment fund under	32270
the control of that court.	32271

(3) Expenditures from a county indigent drivers alcohol	32272
treatment fund, a county juvenile indigent drivers alcohol	32273
treatment fund, or a municipal indigent drivers alcohol treatment	32274
fund shall be made only upon the order of a county, juvenile, or	32275
municipal court judge and only for payment of the cost of the	32276
attendance at an alcohol and drug addiction treatment program of a	32277
person who is convicted of, or found to be a juvenile traffic	32278
offender by reason of, a violation of division (A) of section	32279
4511.19 of the Revised Code or a substantially similar municipal	32280
ordinance, who is ordered by the court to attend the alcohol and	32281
drug addiction treatment program, and who is determined by the	32282
court to be unable to pay the cost of attendance at the treatment	32283
program or for payment of the costs specified in division (N)(4)	32284
of this section in accordance with that division. The alcohol and	32285
drug addiction services board or the board of alcohol, drug	32286
addiction, and mental health services established pursuant to	32287
section 340.02 or 340.021 of the Revised Code and serving the	32288
alcohol, drug addiction, and mental health service district in	32289
which the court is located shall administer the indigent drivers	32290
alcohol treatment program of the court. When a court orders an	32291
offender or juvenile traffic offender to attend an alcohol and	32292
drug addiction treatment program, the board shall determine which	32293
program is suitable to meet the needs of the offender or juvenile	32294
traffic offender, and when a suitable program is located and space	32295
is available at the program, the offender or juvenile traffic	32296
offender shall attend the program designated by the board. A	32297
reasonable amount not to exceed five per cent of the amounts	32298
credited to and deposited into the county indigent drivers alcohol	32299
treatment fund, the county juvenile indigent drivers alcohol	32300
treatment fund, or the municipal indigent drivers alcohol	32301
treatment fund serving every court whose program is administered	32302
by that board shall be paid to the board to cover the costs it	32303
incurs in administering those indigent drivers alcohol treatment	32304
programs.	32305

(4) If a county, juvenile, or municipal court determines, in	32306
consultation with the alcohol and drug addiction services board or	32307
the board of alcohol, drug addiction, and mental health services	32308
established pursuant to section 340.02 or 340.021 of the Revised	32309
Code and serving the alcohol, drug addiction, and mental health	32310
district in which the court is located, that the funds in the	32311
county indigent drivers alcohol treatment fund, the county	32312
juvenile indigent drivers alcohol treatment fund, or the municipal	32313
indigent drivers alcohol treatment fund under the control of the	32314
court are more than sufficient to satisfy the purpose for which	32315
the fund was established, as specified in divisions (N)(1) to (3)	32316
of this section, the court may declare a surplus in the fund. If	32317
the court declares a surplus in the fund, the court may expend the	32318
amount of the surplus in the fund for alcohol and drug abuse	32319
assessment and treatment of persons who are charged in the court	32320
with committing a criminal offense or with being a delinquent	32321
child or juvenile traffic offender and in relation to whom both of	32322
the following apply:	32323

(a) The court determines that substance abuse was a	32324
contributing factor leading to the criminal or delinquent activity	32325
or the juvenile traffic offense with which the person is charged.	32326

(b) The court determines that the person is unable to pay the	32327
cost of the alcohol and drug abuse assessment and treatment for	32328
which the surplus money will be used.	32329

Sec. 4511.75. (A) The driver of a vehicle, streetcar, or	32330
trackless trolley upon meeting or overtaking from either direction	32331
any school bus stopped for the purpose of receiving or discharging	32332
any school child, person attending programs offered by community	32333
boards of mental health and county boards of mental retardation	32334
and developmental disabilities, or child attending a program	32335
offered by a head start agency, shall stop at least ten feet from	32336
the front or rear of the school bus and shall not proceed until	32337
such school bus resumes motion, or until signaled by the school	32338
bus driver to proceed.	32339

It is no defense to a charge under this division that the	32340
school bus involved failed to display or be equipped with an	32341
automatically extended stop warning sign as required by division	32342
(B) of this section.	32343

(B) Every school bus shall be equipped with amber and red	32344
visual signals meeting the requirements of section 4511.771 of the	32345
Revised Code, and an automatically extended stop warning sign of a	32346
type approved by the state board of education, which shall be	32347
actuated by the driver of the bus whenever but only whenever the	32348
bus is stopped or stopping on the roadway for the purpose of	32349
receiving or discharging school children, persons attending	32350
programs offered by community boards of mental health and county	32351
boards of mental retardation and developmental disabilities, or	32352
children attending programs offered by head start agencies. A	32353
school bus driver shall not actuate the visual signals or the stop	32354
warning sign in designated school bus loading areas where the bus	32355
is entirely off the roadway or at school buildings when children	32356
or persons attending programs offered by community boards of	32357
mental health and county boards of mental retardation and	32358
developmental disabilities are loading or unloading at curbside or	32359
at buildings when children attending programs offered by head	32360
start agencies are loading or unloading at curbside. The visual	32361
signals and stop warning sign shall be synchronized or otherwise	32362
operated as required by rule of the board.	32363

(C) Where a highway has been divided into four or more	32364
traffic lanes, a driver of a vehicle, streetcar, or trackless	32365
trolley need not stop for a school bus approaching from the	32366
opposite direction which has stopped for the purpose of receiving	32367
or discharging any school child, persons attending programs	32368
offered by community boards of mental health and county boards of	32369
mental retardation and developmental disabilities, or children	32370
attending programs offered by head start agencies. The driver of	32371
any vehicle, streetcar, or trackless trolley overtaking the school	32372
bus shall comply with division (A) of this section.	32373

(D) School buses operating on divided highways or on highways	32374
with four or more traffic lanes shall receive and discharge all	32375
school children, persons attending programs offered by community	32376
boards of mental health and county boards of mental retardation	32377
and developmental disabilities, and children attending programs	32378
offered by head start agencies on their residence side of the	32379
highway.	32380

(E) No school bus driver shall start the driver's bus until	32381
after any child, person attending programs offered by community	32382
boards of mental health and county boards of mental retardation	32383
and developmental disabilities, or child attending a program	32384
offered by a head start agency who may have alighted therefrom has	32385
reached a place of safety on the child's or person's residence	32386
side of the road.	32387

(F) As used in this section:

32388

(1) "Head start agency" has the same meaning as in ~~division~~	32389
~~(A)(1) of~~ section 3301.31 of the Revised Code.	32390

(2) "School bus," as used in relation to children who attend	32391
a program offered by a head start agency, means a bus that is	32392
owned and operated by a head start agency, is equipped with an	32393
automatically extended stop warning sign of a type approved by the	32394
state board of education, is painted the color and displays the	32395
markings described in section 4511.77 of the Revised Code, and is	32396
equipped with amber and red visual signals meeting the	32397
requirements of section 4511.771 of the Revised Code, irrespective	32398
of whether or not the bus has fifteen or more children aboard at	32399
any time. "School bus" does not include a van owned and operated	32400
by a head start agency, irrespective of its color, lights, or	32401
markings.	32402

Sec. 4561.18. Applications for the licensing and	32403
registration of aircraft shall be made and signed by the owner	32404
thereof upon forms prepared by the department of transportation	32405
and shall contain a description of the aircraft, including its	32406
federal registration number, and such other information as is	32407
required by the department.	32408

Applications shall be filed with the director of	32409
transportation during the month of January, annually and shall be	32410
renewed according to the standard renewal procedure of sections	32411
4745.01 to 4745.03 of the Revised Code. Application for	32412
registration of any aircraft not previously registered in this	32413
state, if such aircraft is acquired or becomes subject to such	32414
license tax subsequent to the last day of January in any year,	32415
shall be made for the balance of the year in which the same is	32416
acquired, within forty-eight hours after such acquisition or after	32417
becoming subject to such license tax. Each such application shall	32418
be accompanied by the proper license tax, which ~~shall be at the~~	32419
~~following rates: For~~, for aircraft other than gliders, ~~listed by~~	32420
~~the manufacturer thereof as having a maximum seating capacity of~~	32421
~~either one or two persons, six dollars annually; three persons,~~	32422
~~eight dollars annually; four persons, twelve dollars annually;~~	32423
~~five persons, fifteen dollars annually; over five persons, fifteen~~	32424
~~dollars plus five dollars for each person in excess thereof,~~	32425
~~annually; and~~shall be at the annual rate of one hundred dollars	32426
per aircraft. The license tax for gliders,shall be three dollars	32427
annually.	32428

Such taxes are in lieu of all other taxes on or with respect	32429
to ownership of such aircraft.	32430

Sec. 4561.21. (A) The director of transportation shall	32431
deposit all ~~license taxes and~~ transfer fees in the state treasury	32432
to the credit of the general fund.	32433

(B) The director shall deposit all license taxes in the state	32434
treasury to the credit of the county airport maintenance	32435
assistance fund, which is hereby created. Money in the fund shall	32436
be used to assist counties in maintaining the airports they own,	32437
and the director shall distribute the money to counties in	32438
accordance with such procedures, guidelines, and criteria as the	32439
director shall establish.	32440

Sec. 4707.071. (A) On May 1, 1991, all persons licensed as	32441
auction companies under former section 4707.071 of the Revised	32442
Code shall comply with all provisions of this chapter that are	32443
applicable to auctioneers except as provided in divisions (B) and	32444
(C) of this section. Such persons, however, do not have to serve	32445
an apprenticeship or attend a course of study under section	32446
4707.09 of the Revised Code or submit to an examination under	32447
section 4707.08 of the Revised Code as long as they do not engage	32448
in the calling for, recognition of, and the acceptance of, offers	32449
for the purchase of personal property at auction and do not	32450
conduct auctions at any location other than the definite place of	32451
business required in section 4707.14 of the Revised Code.	32452

(B) The principal owner of each auction company ~~which~~that is	32453
licensed as of May 1, 1991, who pays the annual renewal fee	32454
specified in division ~~(A)~~(B) of section 4707.10 of the Revised	32455
Code during the first renewal period following May 1, 1991, shall	32456
be issued a special auctioneer's license, for the sale of personal	32457
property subject to division (A) of this section. Each principal	32458
owner shall apply for an annual license. In applying for an annual	32459
license, each person licensed as an auction company on May 1,	32460
1991, shall designate an individual as principal owner by	32461
submitting documentation substantiating that the individual is in	32462
fact the principal owner and shall identify a definite place of	32463
business as required in section 4707.14 of the Revised Code. A	32464
person licensed as an auctioneer shall not be entitled to a	32465
special auctioneer's license.	32466

(C) A special auctioneer's license issued under this section	32467
to the principal owner of a former auction company does not	32468
entitle the principal owner or former auction company to conduct	32469
auctions at any location other than the definite place of business	32470
required in section 4707.14 of the Revised Code. Notwithstanding	32471
section 4707.10 of the Revised Code, the department of agriculture	32472
shall not issue a new special auctioneer's license if the definite	32473
place of business identified by the licensee in the licensee's	32474
initial application for a special auctioneer license has changed	32475
or if the name under which the licensee is doing business has	32476
changed. No person other than an owner, officer, member, or agent	32477
of the former auction company who personally has passed the	32478
examination prescribed in section 4707.08 of the Revised Code and	32479
been licensed as an auctioneer shall engage in the calling for,	32480
recognition of, and the acceptance of, offers for the purchase of	32481
real or personal property, goods, or chattels at auction in	32482
connection with a former auction company that has been issued a	32483
special auctioneer's license.	32484

(D) A person licensed as a special auctioneer shall not	32485
engage in the sale of real property at auction.	32486

Sec. 4707.072. (A) For purposes of this section, the	32487
department of agriculture shall adopt rules in accordance with	32488
section 4707.19 of the Revised Code prescribing the fee that a	32489
license applicant must pay. Until those rules are adopted, a	32490
license applicant shall pay the fee established in this section.	32491

(B) The department ~~of agriculture~~ may grant one-auction	32492
licenses to any nonresident person deemed qualified by the	32493
department. Any person who applies for a one-auction license shall	32494
attest, on forms provided by the department, and furnish to the	32495
department, satisfactory proof that the license applicant or any	32496
auctioneer affiliated with the applicant meets the following	32497
requirements:	32498

~~(A)~~(1) Has a good reputation;

32499

~~(B)~~(2) Is of trustworthy character;

32500

~~(C)~~(3) Has attained the age of at least eighteen years;

32501

~~(D)~~(4) Has a general knowledge of the requirements of the	32502
Revised Code relative to auctioneers, the auction profession, and	32503
the principles involved in conducting an auction;	32504

~~(E)~~(5) Has two years of professional auctioneering experience	32505
immediately preceding the date of application and the experience	32506
includes the personal conduct by the applicant of at least twelve	32507
auction sales in any state, or has met the requirements of section	32508
4707.12 of the Revised Code;	32509

~~(F)~~(6) Has paid a fee of one hundred dollars~~, which shall be~~	32510
~~credited to the auctioneers fund~~;	32511

~~(G)~~(7) Has provided proof of financial responsibility as	32512
~~required under section 4707.11 of the Revised Code~~in the form of	32513
either an irrevocable letter of credit or a cash bond or a surety	32514
bond in the amount of fifty thousand dollars. If the applicant	32515
gives a surety bond, the bond shall be executed by a surety	32516
company authorized to do business in this state. A bond shall be	32517
made to the department and shall be conditioned that the applicant	32518
shall comply with this chapter and rules adopted under it,	32519
including refraining from conduct described in section 4707.15 of	32520
the Revised Code. All bonds shall be on a form approved by the	32521
director of agriculture.	32522

Sec. 4707.10. (A) For purposes of this section, the	32523
department of agriculture shall adopt rules in accordance with	32524
section 4707.19 of the Revised Code prescribing fees that	32525
licensees must pay and license renewal deadlines and procedures	32526
with which licensees must comply. Until those rules are adopted,	32527
licensees shall pay the fees and comply with the license renewal	32528
deadlines and procedures established in this section.	32529

(B) The fee for each auctioneer's, apprentice auctioneer's,	32530
or special auctioneer's license issued by the department of	32531
~~agriculture~~ is one hundred dollars, and the annual renewal fee for	32532
any such license is one hundred dollars. All licenses expire	32533
annually on the last day of June of each year and shall be renewed	32534
according to the standard renewal procedures of Chapter 4745. of	32535
the Revised Code, or the procedures of this section. Any licensee	32536
under this chapter who wishes to renew the licensee's license, but	32537
fails to do so before the first day of July shall reapply for	32538
licensure in the same manner and pursuant to the same requirements	32539
as for initial licensure, unless before the first day of September	32540
of the year of expiration, the former licensee pays to the	32541
department, in addition to the regular renewal fee, a late renewal	32542
penalty of one hundred dollars.	32543

~~(B)~~(C) Any person who fails to renew the person's license	32544
before the first day of July is prohibited from engaging in any	32545
activity specified or comprehended in section 4707.01 of the	32546
Revised Code until such time as the person's license is renewed or	32547
a new license is issued. Renewal of a license between the first	32548
day of July and the first day of September does not relieve any	32549
person from complying with this division. The department may	32550
refuse to renew the license of or issue a new license to any	32551
person who violates this division.	32552

~~(C)~~(D) The department shall prepare and deliver to each	32553
licensee a permanent license certificate and an ~~annual renewal~~	32554
identification card, the appropriate portion of which shall be	32555
carried on the person of the licensee at all times when engaged in	32556
any type of auction activity, and part of which shall be posted	32557
with the permanent certificate in a conspicuous location at the	32558
licensee's place of business.	32559

~~(D)~~(E) Notice in writing shall be given to the department by	32560
each auctioneer or apprentice auctioneer licensee of any change of	32561
principal business location or any change or addition to the name	32562
or names under which business is conducted, whereupon the	32563
department shall issue a new license for the unexpired period. Any	32564
change of business location or change or addition of names without	32565
notification to the department shall automatically cancel any	32566
license previously issued. For each new auctioneer or apprentice	32567
auctioneer license issued upon the occasion of a change in	32568
business location or a change in or an addition of names under	32569
which business is conducted, the department may collect a fee of	32570
ten dollars for each change in location, or name or each added	32571
name unless the notification of the change occurs concurrently	32572
with the renewal application.	32573

Sec. 4707.24. Except for the purposes of divisions (A) and	32574
(B) of section 4707.25 of the Revised Code, sections 4707.25 to	32575
4707.31 of the Revised Code do not apply with respect to a license	32576
issued under section 4707.072 of the Revised Code.	32577

Sec. 4709.12. (A) The barber board shall charge and collect	32578
the following fees:	32579

(1) For the application to take the barber examination, ~~sixty~~	32580
ninety dollars;	32581

(2) For an application to retake any part of the barber	32582
examination, ~~thirty~~forty-five dollars;	32583

(3) For the initial issuance of a license to practice as a	32584
barber, ~~twenty~~thirty dollars;	32585

(4) For the biennial renewal of the license to practice as a	32586
barber, ~~seventy-five~~one hundred ten dollars;	32587

(5) For the restoration of an expired barber license, one	32588
hundred dollars, and ~~fifty~~seventy-five dollars for each lapsed	32589
year, provided that the total fee shall not exceed ~~four~~six	32590
hundred ~~sixty~~ninety dollars;	32591

(6) For the issuance of a duplicate barber or shop license,	32592
~~thirty~~forty-five dollars;	32593

(7) For the inspection of a new barber shop, change of	32594
ownership, or reopening of premises or facilities formerly	32595
operated as a barber shop, and issuance of a shop license,	32596
~~seventy-five~~one hundred ten dollars;	32597

(8) For the biennial renewal of a barber shop license, ~~fifty~~	32598
seventy-five dollars;	32599

(9) For the restoration of a barber shop license,	32600
~~seventy-five~~one hundred ten dollars;	32601

(10) For each inspection of premises for location of a new	32602
barber school, or each inspection of premises for relocation of a	32603
currently licensed barber school, ~~five~~seven hundred fifty	32604
dollars;	32605

(11) For the initial barber school license, ~~five hundred~~one	32606
thousand dollars, and ~~five hundred~~one thousand dollars for the	32607
renewal of the license;	32608

(12) For the restoration of a barber school license, ~~six~~	32609
~~hundred~~one thousand dollars;	32610

(13) For the issuance of a student registration, ~~twenty-five~~	32611
forty dollars;	32612

(14) For the examination and issuance of a biennial teacher	32613
~~or assistant teacher~~ license, one hundred ~~twenty-five~~eighty-five	32614
dollars;	32615

(15) For the renewal of a biennial teacher ~~or assistant~~	32616
~~teacher~~ license, one hundred fifty dollars;	32617

(16) For the restoration of an expired teacher ~~or assistant~~	32618
~~teacher~~ license, ~~one~~two hundred ~~fifty~~twenty-five dollars, and	32619
~~forty~~sixty dollars for each lapsed year, provided that the total	32620
fee shall not exceed ~~three~~four hundred fifty dollars;	32621

(17) For the issuance of a barber license by reciprocity	32622
pursuant to section 4709.08 of the Revised Code, ~~two~~three hundred	32623
dollars;	32624

(18) For providing licensure information concerning an	32625
applicant, upon written request of the applicant, ~~twenty-five~~	32626
forty dollars.	32627

(B) The board, subject to the approval of the controlling	32628
board, may establish fees in excess of the amounts provided in	32629
this section, provided that the fees do not exceed the amounts	32630
permitted by this section by more than fifty per cent.	32631

Sec. 4717.07. (A) The board of embalmers and funeral	32632
directors shall charge and collect the following fees:	32633

(1) For the issuance of an initial embalmer's or funeral	32634
director's license, ~~five~~one hundred forty dollars;	32635

(2) For the issuance of an embalmer or funeral director	32636
registration, twenty-five dollars;	32637

(3) For filing an embalmer or funeral director certificate of	32638
apprenticeship, ten dollars;	32639

(4) For the application to take the examination for a license	32640
to practice as an embalmer or funeral director, or to retake a	32641
section of the examination, thirty-five dollars;	32642

(5) For the biennial renewal of an embalmer's or funeral	32643
director's license, one hundred ~~twenty~~forty dollars;	32644

(6) For the initial issuance of a license to operate a	32645
funeral home, ~~one~~two hundred ~~twenty-five~~fifty dollars and	32646
biennial renewal of a license to operate a funeral home, two	32647
hundred fifty dollars;	32648

(7) For the reinstatement of a lapsed embalmer's or funeral	32649
director's license, the renewal fee prescribed in division (A)(5)	32650
of this section plus fifty dollars for each month or portion of a	32651
month the license is lapsed until reinstatement;	32652

(8) For the reinstatement of a lapsed license to operate a	32653
funeral home, the renewal fee prescribed in division (A)(6) of	32654
this section plus fifty dollars for each month or portion of a	32655
month the license is lapsed until reinstatement;	32656

(9) For the initial issuance of a license to operate an	32657
embalming facility, ~~one~~two hundred dollars and biennial renewal	32658
of a license to operate an embalming facility, two hundred	32659
dollars;	32660

(10) For the reinstatement of a lapsed license to operate an	32661
embalming facility, the renewal fee prescribed in division (A)(9)	32662
of this section plus fifty dollars for each month or portion of a	32663
month the license is lapsed until reinstatement;	32664

(11) For the initial issuance of a license to operate a	32665
crematory facility, ~~one~~two hundred dollars and biennial renewal	32666
of a license to operate a crematory facility, two hundred dollars;	32667

(12) For the reinstatement of a lapsed license to operate a	32668
crematory facility, the renewal fee prescribed in division (A)(11)	32669
of this section plus fifty dollars for each month or portion of a	32670
month the license is lapsed until reinstatement;	32671

(13) For the issuance of a duplicate of a license issued	32672
under this chapter, four dollars.	32673

(B) In addition to the fees set forth in division (A) of this	32674
section, an applicant shall pay the examination fee assessed by	32675
any examining agency the board uses for any section of an	32676
examination required under this chapter.	32677

(C) Subject to the approval of the controlling board, the	32678
board of embalmers and funeral directors may establish fees in	32679
excess of the amounts set forth in this section, provided that	32680
these fees do not exceed the amounts set forth in this section by	32681
more than fifty per cent.	32682

Sec. 4717.09. (A) Every two years, licensed embalmers and	32683
funeral directors shall attend between twelve and thirty hours of	32684
educational programs as a condition for renewal of their licenses.	32685
The board of embalmers and funeral directors shall adopt rules	32686
governing the administration and enforcement of the continuing	32687
education requirements of this section. The board may contract	32688
with a professional organization or association or other third	32689
party to assist it in performing functions necessary to administer	32690
and enforce the continuing education requirements of this section.	32691
A professional organization or association or other third party	32692
with whom the board so contracts may charge a reasonable fee for	32693
performing these functions to licensees or to the persons who	32694
provide continuing education programs.	32695

(B) A person holding both an embalmer's license and a funeral	32696
director's license need meet only the continuing education	32697
requirements established by the board for one or the other of	32698
those licenses in order to satisfy the requirement of division (A)	32699
of this section.	32700

(C) The board shall not renew the license of a licensee who	32701
fails to meet the continuing education requirements of this	32702
section and who has not been granted a waiver or exemption under	32703
division (D) or (E) of this section.	32704

(D) Any licensee who fails to meet the continuing education	32705
requirements of this section because of undue hardship or	32706
disability, or who is not actively engaged in the practice of	32707
funeral directing or embalming in this state, may apply to the	32708
board for a waiver or an exemption. ~~The~~	32709

(E) A licensee who has been an embalmer or a funeral director	32710
for not less than fifty years and is not actually in charge of an	32711
embalming facility or funeral home may apply to the board for an	32712
exemption.	32713

(F) The board shall determine, by rule, the procedures for	32714
applying for a waiver or an exemption from continuing education	32715
requirements under this section and under what conditions a waiver	32716
or an exemption may be granted.	32717

Sec. 4719.01. (A) As used in sections 4719.01 to 4719.18 of	32718
the Revised Code:	32719

(1) "Affiliate" means a business entity that is owned by,	32720
operated by, controlled by, or under common control with another	32721
business entity.	32722

(2) "Communication" means a written or oral notification or	32723
advertisement that meets both of the following criteria, as	32724
applicable:	32725

(a) The notification or advertisement is transmitted by or on	32726
behalf of the seller of goods or services and by or through any	32727
printed, audio, video, cinematic, telephonic, or electronic means.	32728

(b) In the case of a notification or advertisement other than	32729
by telephone, either of the following conditions is met:	32730

(i) The notification or advertisement is followed by a	32731
telephone call from a telephone solicitor or salesperson.	32732

(ii) The notification or advertisement invites a response by	32733
telephone, and, during the course of that response, a telephone	32734
solicitor or salesperson attempts to make or makes a sale of goods	32735
or services. As used in division (A)(2)(b)(ii) of this section,	32736
"invites a response by telephone" excludes the mere listing or	32737
inclusion of a telephone number in a notification or	32738
advertisement.	32739

(3) "Gift, award, or prize" means anything of value that is	32740
offered or purportedly offered, or given or purportedly given by	32741
chance, at no cost to the receiver and with no obligation to	32742
purchase goods or services. As used in this division, "chance"	32743
includes a situation in which a person is guaranteed to receive an	32744
item and, at the time of the offer or purported offer, the	32745
telephone solicitor does not identify the specific item that the	32746
person will receive.	32747

(4) "Goods or services" means any real property or any	32748
tangible or intangible personal property, or services of any kind	32749
provided or offered to a person. "Goods or services" includes, but	32750
is not limited to, advertising; labor performed for the benefit of	32751
a person; personal property intended to be attached to or	32752
installed in any real property, regardless of whether it is so	32753
attached or installed; timeshare estates or licenses; and extended	32754
service contracts.	32755

(5) "Purchaser" means a person that is solicited to become or	32756
does become financially obligated as a result of a telephone	32757
solicitation.	32758

(6) "Salesperson" means an individual who is employed,	32759
appointed, or authorized by a telephone solicitor to make	32760
telephone solicitations but does not mean any of the following:	32761

(a) An individual who comes within one of the exemptions in	32762
division (B) of this section;	32763

(b) An individual employed, appointed, or authorized by a	32764
person who comes within one of the exemptions in division (B) of	32765
this section;	32766

(c) An individual under a written contract with a person who	32767
comes within one of the exemptions in division (B) of this	32768
section, if liability for all transactions with purchasers is	32769
assumed by the person so exempted.	32770

(7) "Telephone solicitation" means a communication to a	32771
person that meets both of the following criteria:	32772

(a) The communication is initiated by or on behalf of a	32773
telephone solicitor or by a salesperson.	32774

(b) The communication either represents a price or the	32775
quality or availability of goods or services or is used to induce	32776
the person to purchase goods or services, including, but not	32777
limited to, inducement through the offering of a gift, award, or	32778
prize.	32779

(8) "Telephone solicitor" means a person that engages in	32780
telephone solicitation directly or through one or more	32781
salespersons either from a location in this state, or from a	32782
location outside this state to persons in this state. "Telephone	32783
solicitor" includes, but is not limited to, any such person that	32784
is an owner, operator, officer, or director of, partner in, or	32785
other individual engaged in the management activities of, a	32786
business.	32787

(B) A telephone solicitor is exempt from the provisions of	32788
sections 4719.02 to 4719.18 and section 4719.99 of the Revised	32789
Code if the telephone solicitor is any one of the following:	32790

(1) A person engaging in a telephone solicitation that is a	32791
one-time or infrequent transaction not done in the course of a	32792
pattern of repeated transactions of a like nature;	32793

(2) A person engaged in telephone solicitation solely for	32794
religious or political purposes; a charitable organization,	32795
fund-raising counsel, or professional solicitor in compliance with	32796
the registration and reporting requirements of Chapter 1716. of	32797
the Revised Code; or any person or other entity exempt under	32798
section 1716.03 of the Revised Code from filing a registration	32799
statement under section 1716.02 of the Revised Code;	32800

(3) A person, making a telephone solicitation involving a	32801
home solicitation sale as defined in section 1345.21 of the	32802
Revised Code, that makes the sales presentation and completes the	32803
sale at a later, face-to-face meeting between the seller and the	32804
purchaser rather than during the telephone solicitation. However,	32805
if the person, following the telephone solicitation, causes	32806
another person to collect the payment of any money, this exemption	32807
does not apply.	32808

(4) A licensed securities, commodities, or investment broker,	32809
dealer, investment advisor, or associated person when making a	32810
telephone solicitation within the scope of the person's license.	32811
As used in division (B)(4) of this section, "licensed securities,	32812
commodities, or investment broker, dealer, investment advisor, or	32813
associated person" means a person subject to licensure or	32814
registration as such by the securities and exchange commission;	32815
the National Association of Securities Dealers or other	32816
self-regulatory organization, as defined by 15 U.S.C.A. 78c; by	32817
the division of securities under Chapter 1707. of the Revised	32818
Code; or by an official or agency of any other state of the United	32819
States.	32820

(5)(a) A person primarily engaged in soliciting the sale of a	32821
newspaper of general circulation;	32822

(b) As used in division (B)(5)(a) of this section, "newspaper	32823
of general circulation" includes, but is not limited to, both of	32824
the following:	32825

(i) A newspaper that is a daily law journal designated as an	32826
official publisher of court calendars pursuant to section 2701.09	32827
of the Revised Code;	32828

(ii) A newspaper or publication that has at least twenty-five	32829
per cent editorial, non-advertising content, exclusive of inserts,	32830
measured relative to total publication space, and an audited	32831
circulation to at least fifty per cent of the households in the	32832
newspaper's retail trade zone as defined by the audit.	32833

(6)(a) An issuer, or its subsidiary, that has a class of	32834
securities to which all of the following apply:	32835

(i) The class of securities is subject to section 12 of the	32836
"Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is	32837
registered or is exempt from registration under 15 U.S.C.A.	32838
78l(g)(2)(A), (B), (C), (E), (F), (G), or (H);	32839

(ii) The class of securities is listed on the New York stock	32840
exchange, the American stock exchange, or the NASDAQ national	32841
market system;	32842

(iii) The class of securities is a reported security as	32843
defined in 17 C.F.R. 240.11Aa3-1(a)(4).	32844

(b) An issuer, or its subsidiary, that formerly had a class	32845
of securities that met the criteria set forth in division	32846
(B)(6)(a) of this section if the issuer, or its subsidiary, has a	32847
net worth in excess of one hundred million dollars, files or its	32848
parent files with the securities and exchange commission an S.E.C.	32849
form 10-K, and has continued in substantially the same business	32850
since it had a class of securities that met the criteria in	32851
division (B)(6)(a) of this section. As used in division (B)(6)(b)	32852
of this section, "issuer" and "subsidiary" include the successor	32853
to an issuer or subsidiary.	32854

(7) A person soliciting a transaction regulated by the	32855
commodity futures trading commission, if the person is registered	32856
or temporarily registered for that activity with the commission	32857
under 7 U.S.C.A. 1 et. seq. and the registration or temporary	32858
registration has not expired or been suspended or revoked;	32859

(8) A person soliciting the sale of any book, record, audio	32860
tape, compact disc, or video, if the person allows the purchaser	32861
to review the merchandise for at least seven days and provides a	32862
full refund within thirty days to a purchaser who returns the	32863
merchandise or if the person solicits the sale on behalf of a	32864
membership club operating in compliance with regulations adopted	32865
by the federal trade commission in 16 C.F.R. 425;	32866

(9) A supervised financial institution or its subsidiary. As	32867
used in division (B)(9) of this section, "supervised financial	32868
institution" means a bank, trust company, savings and loan	32869
association, savings bank, credit union, industrial loan company,	32870
consumer finance lender, commercial finance lender, or institution	32871
described in section 2(c)(2)(F) of the "Bank Holding Company Act	32872
of 1956," 12 U.S.C.A. 1841(c)(2)(F), as amended, supervised by an	32873
official or agency of the United States, this state, or any other	32874
state of the United States; or a licensee or registrant under	32875
sections 1321.01 to 1321.19, 1321.51 to 1321.60, or 1321.71 to	32876
1321.83 of the Revised Code.	32877

(10)(a) An insurance company, association, or other	32878
organization that is licensed or authorized to conduct business in	32879
this state by the superintendent of insurance pursuant to Title	32880
XXXIX of the Revised Code or Chapter 1751. of the Revised Code,	32881
when soliciting within the scope of its license or authorization.	32882

(b) A licensed insurance broker, agent, or solicitor when	32883
soliciting within the scope of the person's license. As used in	32884
division (B)(10)(b) of this section, "licensed insurance broker,	32885
agent, or solicitor" means any person licensed as an insurance	32886
broker, agent, or solicitor by the superintendent of insurance	32887
pursuant to Title XXXIX of the Revised Code.	32888

(11) A person soliciting the sale of services provided by a	32889
cable television system operating under authority of a	32890
governmental franchise or permit;	32891

(12) A person soliciting a business-to-business sale under	32892
which any of the following conditions are met:	32893

(a) The telephone solicitor has been operating continuously	32894
for at least three years under the same business name under which	32895
it solicits purchasers, and at least fifty-one per cent of its	32896
gross dollar volume of sales consists of repeat sales to existing	32897
customers to whom it has made sales under the same business name.	32898

(b) The purchaser business intends to resell the goods	32899
purchased.	32900

(c) The purchaser business intends to use the goods or	32901
services purchased in a recycling, reuse, manufacturing, or	32902
remanufacturing process.	32903

(d) The telephone solicitor is a publisher of a periodical or	32904
of magazines distributed as controlled circulation publications as	32905
defined in division (CC) of section 5739.01 of the Revised Code	32906
and is soliciting sales of advertising, subscriptions, reprints,	32907
lists, information databases, conference participation or	32908
sponsorships, trade shows or media products related to the	32909
periodical or magazine, or other publishing services provided by	32910
the controlled circulation publication.	32911

(13) A person that, not less often than once each year,	32912
publishes and delivers to potential purchasers a catalog that	32913
complies with both of the following:	32914

(a) It includes all of the following:

32915

(i) The business address of the seller;

32916

(ii) A written description or illustration of each good or	32917
service offered for sale;	32918

(iii) A clear and conspicuous disclosure of the sale price of	32919
each good or service; shipping, handling, and other charges; and	32920
return policy;	32921

(b) One of the following applies:

32922

(i) The catalog includes at least twenty-four pages of	32923
written material and illustrations, is distributed in more than	32924
one state, and has an annual postage-paid mail circulation of not	32925
less than two hundred fifty thousand households;	32926

(ii) The catalog includes at least ten pages of written	32927
material or an equivalent amount of material in electronic form on	32928
the internet or an on-line computer service, the person does not	32929
solicit customers by telephone but solely receives telephone calls	32930
made in response to the catalog, and during the calls the person	32931
takes orders but does not engage in further solicitation of the	32932
purchaser. As used in division (B)(13)(b)(ii) of this section,	32933
"further solicitation" does not include providing the purchaser	32934
with information about, or attempting to sell, any other item in	32935
the catalog that prompted the purchaser's call or in a	32936
substantially similar catalog issued by the seller.	32937

(14) A political subdivision or instrumentality of the United	32938
States, this state, or any state of the United States;	32939

(15) A college or university or any other public or private	32940
institution of higher education in this state;	32941

(16) A public utility as defined in section 4905.02 of the	32942
Revised Code or a retail natural gas supplier as defined in	32943
section 4929.01 of the Revised Code, if the utility or supplier is	32944
subject to regulation by the public utilities commission, or the	32945
affiliate of the utility or supplier;	32946

(17) ~~A travel agency or tour promoter that is registered in~~	32947
~~compliance with section 1333.96 of the Revised Code when~~	32948
~~soliciting within the scope of the agency's or promoter's~~	32949
~~registration;~~	32950

~~(18)~~ A person that solicits sales through a television	32951
program or advertisement that is presented in the same market area	32952
no fewer than twenty days per month or offers for sale no fewer	32953
than ten distinct items of goods or services; and offers to the	32954
purchaser an unconditional right to return any good or service	32955
purchased within a period of at least seven days and to receive a	32956
full refund within thirty days after the purchaser returns the	32957
good or cancels the service;	32958

~~(19)~~(18)(a) A person that, for at least one year, has been	32959
operating a retail business under the same name as that used in	32960
connection with telephone solicitation and both of the following	32961
occur on a continuing basis:	32962

(i) The person either displays goods and offers them for	32963
retail sale at the person's business premises or offers services	32964
for sale and provides them at the person's business premises.	32965

(ii) At least fifty-one per cent of the person's gross dollar	32966
volume of retail sales involves purchases of goods or services at	32967
the person's business premises.	32968

(b) An affiliate of a person that meets the requirements in	32969
division (B)~~(19)~~(18)(a) of this section if the affiliate meets all	32970
of the following requirements:	32971

(i) The affiliate has operated a retail business for a period	32972
of less than one year;	32973

(ii) The affiliate either displays goods and offers them for	32974
retail sale at the affiliate's business premises or offers	32975
services for sale and provides them at the affiliate's business	32976
premises;	32977

(iii) At least fifty-one per cent of the affiliate's gross	32978
dollar volume of retail sales involves purchases of goods or	32979
services at the affiliate's business premises.	32980

(c) A person that, for a period of less than one year, has	32981
been operating a retail business in this state under the same name	32982
as that used in connection with telephone solicitation, as long as	32983
all of the following requirements are met:	32984

(i) The person either displays goods and offers them for	32985
retail sale at the person's business premises or offers services	32986
for sale and provides them at the person's business premises;	32987

(ii) The goods or services that are the subject of telephone	32988
solicitation are sold at the person's business premises, and at	32989
least sixty-five per cent of the person's gross dollar volume of	32990
retail sales involves purchases of goods or services at the	32991
person's business premises;	32992

(iii) The person conducts all telephone solicitation	32993
activities according to sections 310.3, 310.4, and 310.5 of the	32994
telemarketing sales rule adopted by the federal trade commission	32995
in 16 C.F.R. part 310.	32996

~~(20)~~(19) A person who performs telephone solicitation sales	32997
services on behalf of other persons and to whom one of the	32998
following applies:	32999

(a) The person has operated under the same ownership,	33000
control, and business name for at least five years, and the person	33001
receives at least seventy-five per cent of its gross revenues from	33002
written telephone solicitation contracts with persons who come	33003
within one of the exemptions in division (B) of this section.	33004

(b) The person is an affiliate of one or more exempt persons	33005
and makes telephone solicitations on behalf of only the exempt	33006
persons of which it is an affiliate.	33007

(c) The person makes telephone solicitations on behalf of	33008
only exempt persons, the person and each exempt person on whose	33009
behalf telephone solicitations are made have entered into a	33010
written contract that specifies the manner in which the telephone	33011
solicitations are to be conducted and that at a minimum requires	33012
compliance with the telemarketing sales rule adopted by the	33013
federal trade commission in 16 C.F.R. part 310, and the person	33014
conducts the telephone solicitations in the manner specified in	33015
the written contract.	33016

(d) The person performs telephone solicitation for religious	33017
or political purposes, a charitable organization, a fund-raising	33018
council, or a professional solicitor in compliance with the	33019
registration and reporting requirements of Chapter 1716. of the	33020
Revised Code; and meets all of the following requirements:	33021

(i) The person has operated under the same ownership,	33022
control, and business name for at least five years, and the person	33023
receives at least fifty-one per cent of its gross revenues from	33024
written telephone solicitation contracts with persons who come	33025
within the exemption in division (B)(2) of this section;	33026

(ii) The person does not conduct a prize promotion or offer	33027
the sale of an investment opportunity; and	33028

(iii) The person conducts all telephone solicitation	33029
activities according to sections 310.3, 310.4, and 310.5 of the	33030
telemarketing sales rules adopted by the federal trade commission	33031
in 16 C.F.R. part 310.	33032

~~(21)~~(20) A person that is a licensed real estate salesperson	33033
or broker under Chapter 4735. of the Revised Code when soliciting	33034
within the scope of the person's license;	33035

~~(22)~~(21)(a) Either of the following:

33036

(i) A publisher that solicits the sale of the publisher's	33037
periodical or magazine of general, paid circulation, or a person	33038
that solicits a sale of that nature on behalf of a publisher under	33039
a written agreement directly between the publisher and the person.	33040

(ii) A publisher that solicits the sale of the publisher's	33041
periodical or magazine of general, paid circulation, or a person	33042
that solicits a sale of that nature as authorized by a publisher	33043
under a written agreement directly with a publisher's	33044
clearinghouse provided the person is a resident of Ohio for more	33045
than three years and initiates all telephone solicitations from	33046
Ohio and the person conducts the solicitation and sale in	33047
compliance with 16 C.F.R. Part 310, as adopted by the federal	33048
trade commission.	33049

(b) As used in division (B)~~(22)~~(21) of this section,	33050
"periodical or magazine of general, paid circulation" excludes a	33051
periodical or magazine circulated only as part of a membership	33052
package or given as a free gift or prize from the publisher or	33053
person.	33054

~~(23)~~(22) A person that solicits the sale of food, as defined	33055
in section 3715.01 of the Revised Code, or the sale of products of	33056
horticulture, as defined in section 5739.01 of the Revised Code,	33057
if the person does not intend the solicitation to result in, or	33058
the solicitation actually does not result in, a sale that costs	33059
the purchaser an amount greater than five hundred dollars.	33060

~~(24)~~(23) A funeral director licensed pursuant to Chapter	33061
4717. of the Revised Code when soliciting within the scope of that	33062
license, if both of the following apply:	33063

(a) The solicitation and sale are conducted in compliance	33064
with 16 C.F.R. part 453, as adopted by the federal trade	33065
commission, and with sections 1107.33 and 1345.21 to 1345.28 of	33066
the Revised Code;	33067

(b) The person provides to the purchaser of any preneed	33068
funeral contract a notice that clearly and conspicuously sets	33069
forth the cancellation rights specified in division (G) of section	33070
1107.33 of the Revised Code, and retains a copy of the notice	33071
signed by the purchaser.	33072

~~(25)~~(24) A person, or affiliate thereof, licensed to sell or	33073
issue Ohio instruments designated as travelers checks pursuant to	33074
sections 1315.01 to 1315.11 of the Revised Code.	33075

~~(26)~~(25) A person that solicits sales from its previous	33076
purchasers and meets all of the following requirements:	33077

(a) The solicitation is made under the same business name	33078
that was previously used to sell goods or services to the	33079
purchaser;	33080

(b) The person has, for a period of not less than three	33081
years, operated a business under the same business name as that	33082
used in connection with telephone solicitation;	33083

(c) The person does not conduct a prize promotion or offer	33084
the sale of an investment opportunity;	33085

(d) The person conducts all telephone solicitation activities	33086
according to sections 310.3, 310.4, and 310.5 of the telemarketing	33087
sales rules adopted by the federal trade commission in 16 C.F.R.	33088
part 310;	33089

(e) Neither the person nor any of its principals has been	33090
convicted of, pleaded guilty to, or has entered a plea of no	33091
contest for a felony or a theft offense as defined in sections	33092
2901.02 and 2913.01 of the Revised Code or similar law of another	33093
state or of the United States;	33094

(f) Neither the person nor any of its principals has had	33095
entered against them an injunction or a final judgment or order,	33096
including an agreed judgment or order, an assurance of voluntary	33097
compliance, or any similar instrument, in any civil or	33098
administrative action involving engaging in a pattern of corrupt	33099
practices, fraud, theft, embezzlement, fraudulent conversion, or	33100
misappropriation of property; the use of any untrue, deceptive, or	33101
misleading representation; or the use of any unfair, unlawful,	33102
deceptive, or unconscionable trade act or practice.	33103

~~(27)~~(26) An institution defined as a home health agency in	33104
section 3701.88 of the Revised Code, that conducts all telephone	33105
solicitation activities according to sections 310.3, 310.4, and	33106
310.5 of the telemarketing sales rules adopted by the federal	33107
trade commission in 16 C.F.R. part 310, and engages in telephone	33108
solicitation only within the scope of the institution's	33109
certification, accreditation, contract with the department of	33110
aging, or status as a home health agency; and that meets one of	33111
the following requirements:	33112

(a) The institution is certified as a provider of home health	33113
services under Title XVIII of the Social Security Act, 49 Stat.	33114
620, 42 U.S.C. 301, as amended; and is registered with the	33115
department of health pursuant to division (B) of section 3701.88	33116
of the Revised Code;	33117

(b) The institution is accredited by either the joint	33118
commission on accreditation of health care organizations or the	33119
community health accreditation program;	33120

(c) The institution is providing passport services under the	33121
direction of the Ohio department of aging under section 173.40 of	33122
the Revised Code;	33123

(d) An affiliate of an institution that meets the	33124
requirements of division (B)~~(27)~~(26)(a), (b), or (c) of this	33125
section when offering for sale substantially the same goods and	33126
services as those that are offered by the institution that meets	33127
the requirements of division (B)~~(27)~~(26)(a), (b), or (c) of this	33128
section.	33129

~~(28)~~(27) A person licensed to provide a hospice care program	33130
by the department of health pursuant to section 3712.04 of the	33131
Revised Code when conducting telephone solicitations within the	33132
scope of the person's license and according to sections 310.3,	33133
310.4, and 310.5 of the telemarketing sales rules adopted by the	33134
federal trade commission in 16 C.F.R. part 310.	33135

Sec. 4723.06. (A) The board of nursing shall:

33136

(1) Administer and enforce the provisions of this chapter,	33137
including the taking of disciplinary action for violations of	33138
section 4723.28 of the Revised Code, any other provisions of this	33139
chapter, or rules adopted under this chapter;	33140

(2) Develop criteria that an applicant must meet to be	33141
eligible to sit for the examination for licensure to practice as a	33142
registered nurse or as a licensed practical nurse;	33143

(3) Issue and renew nursing licenses and dialysis technician	33144
certificates, as provided in this chapter;	33145

(4) Define the minimum curricula and standards for	33146
educational programs of the schools of professional nursing and	33147
schools of practical nursing in this state;	33148

(5) Survey, inspect, and grant full approval to prelicensure	33149
nursing education programs that meet the standards established by	33150
rules adopted under section 4723.07 of the Revised Code.	33151
Prelicensure nursing education programs include, but are not	33152
limited to, associate degree, baccalaureate degree, diploma, and	33153
doctor of nursing programs leading to initial licensure to	33154
practice nursing as a registered nurse and practical nurse	33155
programs leading to initial licensure to practice nursing as a	33156
licensed practical nurse.	33157

(6) Grant conditional approval, by a vote of a quorum of the	33158
board, to a new prelicensure nursing education program or a	33159
program that is being reestablished after having ceased to	33160
operate, if the program meets and maintains the minimum standards	33161
of the board established by rules adopted under section 4723.07 of	33162
the Revised Code. If the board does not grant conditional	33163
approval, it shall hold an adjudication under Chapter 119. of the	33164
Revised Code to consider conditional approval of the program. If	33165
the board grants conditional approval, at its first meeting after	33166
the first class has completed the program, the board shall	33167
determine whether to grant full approval to the program. If the	33168
board does not grant full approval or if it appears that the	33169
program has failed to meet and maintain standards established by	33170
rules adopted under section 4723.07 of the Revised Code, the board	33171
shall hold an adjudication under Chapter 119. of the Revised Code	33172
to consider the program. Based on results of the adjudication, the	33173
board may continue or withdraw conditional approval, or grant full	33174
approval.	33175

(7) Place on provisional approval, for a period of time	33176
specified by the board, a program that has ceased to meet and	33177
maintain the minimum standards of the board established by rules	33178
adopted under section 4723.07 of the Revised Code. At the end of	33179
the period, the board shall reconsider whether the program meets	33180
the standards and shall grant full approval if it does. If it does	33181
not, the board may withdraw approval, pursuant to an adjudication	33182
under Chapter 119. of the Revised Code.	33183

(8) Approve continuing nursing education programs and courses	33184
under standards established in rules adopted under section 4723.07	33185
of the Revised Code;	33186

(9) Approve peer support programs, under rules adopted under	33187
section 4723.07 of the Revised Code, for nurses and for dialysis	33188
technicians;	33189

(10) Establish a program for monitoring chemical dependency	33190
in accordance with section 4723.35 of the Revised Code;	33191

(11) Establish the practice intervention and improvement	33192
program in accordance with section 4723.282 of the Revised Code;	33193

(12) Issue and renew certificates of authority to practice	33194
nursing as a certified registered nurse anesthetist, clinical	33195
nurse specialist, certified nurse-midwife, or certified nurse	33196
practitioner;	33197

(13) Approve under section 4723.46 of the Revised Code	33198
national certifying organizations for examination and	33199
certification of certified registered nurse anesthetists, clinical	33200
nurse specialists, certified nurse-midwives, or certified nurse	33201
practitioners;	33202

(14) Issue and renew certificates to prescribe in accordance	33203
with sections 4723.48 and 4723.485 of the Revised Code;	33204

(15) Grant approval to the planned classroom and clinical	33205
study required by section 4723.483 of the Revised Code to be	33206
eligible for a certificate to prescribe;	33207

(16) Make an annual edition of the formulary established in	33208
rules adopted under section 4723.50 of the Revised Code available	33209
to the public either in printed form or by electronic means and,	33210
as soon as possible after any revision of the formulary becomes	33211
effective, make the revision available to the public in printed	33212
form or by electronic means;	33213

(17) Provide guidance and make recommendations to the general	33214
assembly, the governor, state agencies, and the federal government	33215
with respect to the regulation of the practice of nursing and the	33216
enforcement of this chapter;	33217

(18) Make an annual report to the governor, which shall be	33218
open for public inspection;	33219

(19) Maintain and have open for public inspection the	33220
following records:	33221

(a) A record of all its meetings and proceedings;

33222

(b) A file of holders of nursing licenses, registrations, and	33223
certificates granted under this chapter and dialysis technician	33224
certificates granted under this chapter. The file shall be	33225
maintained in the form prescribed by rule of the board.	33226

(c) A list of prelicensure nursing education programs	33227
approved by the board;	33228

(d) A list of approved peer support programs for nurses and	33229
dialysis technicians.	33230

(B) The board may fulfill the requirement of division (A)(8)	33231
of this section by authorizing persons who meet the standards	33232
established in rules adopted under section 4723.07 of the Revised	33233
Code to approve continuing nursing education programs and courses.	33234
Persons so authorized shall approve continuing nursing education	33235
programs and courses in accordance with standards established in	33236
rules adopted under section 4723.07 of the Revised Code.	33237

Persons seeking authorization to approve continuing nursing	33238
education programs and courses shall apply to the board and pay	33239
the appropriate fee established under section 4723.08 of the	33240
Revised Code. Authorizations to approve continuing nursing	33241
education programs and courses shall expire, and may be renewed	33242
according to the schedule established in rules adopted under	33243
section 4732.07 of the Revised Code.	33244

In addition to approving continuing nursing education	33245
programs under division (A)(8) of this section, the board may	33246
sponsor continuing education activities.	33247

Sec. 4723.063. (A) As used in this section:

33248

(1) "Health care facility" means:

33249

(a) A hospital registered under section 3701.07 of the	33250
Revised Code;	33251

(b) A nursing home licensed under section 3721.02 of the	33252
Revised Code, or by a political subdivision certified under	33253
section 3721.09 of the Revised Code;	33254

(c) A county home or a county nursing home as defined in	33255
section 5155.31 of the Revised Code that is certified under Title	33256
XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	33257
U.S.C. 301, amended;	33258

(d) A freestanding dialysis center;

33259

(e) A freestanding inpatient rehabilitation facility;

33260

(f) An ambulatory surgical facility;

33261

(g) A freestanding cardiac catheterization facility;

33262

(h) A freestanding birthing center;

33263

(i) A freestanding or mobile diagnostic imaging center;

33264

(j) A freestanding radiation therapy center.

33265

(2) "Nurse education program" means a prelicensure nurse	33266
education program approved by the board of nursing under section	33267
4723.06 of the Revised Code or a postlicensure nurse education	33268
program approved by the board of regents under section 3333.04 of	33269
the Revised Code.	33270

(B) The state board of nursing shall establish and administer	33271
the nurse education grant program. Under the program, the board	33272
shall award joint grants to nurse education programs and health	33273
care facilities. Joint grant recipients shall use the money to	33274
fund partnerships to increase the nurse education program's	33275
enrollment capacity by hiring clinical faculty and preceptors and	33276
purchasing educational equipment and materials. Partnerships may	33277
be developed between one or more nurse education programs and one	33278
or more health care facilities.	33279

In awarding grants, the board shall give preference to	33280
partnerships between nurse education programs and hospitals,	33281
nursing homes, and county homes or county nursing homes, but may	33282
also award grants to fund partnerships between nurse education	33283
programs and other health care facilities.	33284

(C) The board shall adopt rules in accordance with Chapter	33285
119. of the Revised Code establishing the following:	33286

(1) Eligibility requirements for receipt of a grant;

33287

(2) Grant application forms and procedures;

33288

(3) The amounts in which grants may be made and the total	33289
amount that may be jointly awarded to a nurse education program	33290
and health care facility;	33291

(4) A method whereby the board may evaluate the effectiveness	33292
of a partnership between joint recipients in increasing the nurse	33293
education program's enrollment capacity;	33294

(5) The percentage of the money in the fund that must remain	33295
in the fund at all times to maintain a fiscally responsible fund	33296
balance;	33297

(6) Any other matters incidental to the operation of the	33298
program.	33299

(D) From January 1, 2004, until December 31, 2013, the ten	33300
dollars of each biennial nursing license renewal fee collected	33301
under section 4723.08 of the Revised Code shall be dedicated to	33302
the nurse education grant program fund, which is hereby created in	33303
the state treasury. The board shall use money in the fund for	33304
grants awarded under division (A) of this section and for expenses	33305
of administering the grant program. The amount used for	33306
administrative expenses in any year shall not exceed ten per cent	33307
of the amount transferred to the fund in that year.	33308

(E) Each quarter, for the purposes of transferring funds to	33309
the nurse education grant program, the board of nursing shall	33310
certify to the director of budget and management the number of	33311
biennial licenses renewed under this chapter during the preceding	33312
quarter and the amount equal to that number times ten dollars.	33313

(F) Notwithstanding the requirements of section 4743.05 of	33314
the Revised Code, from January 1, 2004, until December 31, 2013,	33315
at the end of each quarter, the director of budget and management	33316
shall transfer from the occupational licensing and regulatory fund	33317
to the nurse education grant program fund the amount certified	33318
under division (E) of this section.	33319

Sec. 4723.08. (A) The board of nursing may impose fees not	33320
to exceed the following limits:	33321

(1) For application for licensure by examination to practice	33322
nursing as a registered nurse or as a licensed practical nurse,	33323
~~fifty~~seventy-five dollars;	33324

(2) For application for licensure by endorsement to practice	33325
nursing as a registered nurse or as a licensed practical nurse,	33326
~~fifty~~seventy-five dollars;	33327

(3) For application for a certificate of authority to	33328
practice nursing as a certified registered nurse anesthetist,	33329
clinical nurse specialist, certified nurse-midwife, or certified	33330
nurse practitioner, one hundred dollars;	33331

(4) For application for a temporary dialysis technician	33332
certificate, the amount specified in rules adopted under section	33333
4723.79 of the Revised Code;	33334

(5) For application for a full dialysis technician	33335
certificate, the amount specified in rules adopted under section	33336
4723.79 of the Revised Code;	33337

(6) For application for a certificate to prescribe, fifty	33338
dollars;	33339

(7) For verification of a nursing license, certificate of	33340
authority, or dialysis technician certificate to another	33341
jurisdiction, fifteen dollars;	33342

(8) For providing a replacement copy of a nursing license,	33343
certificate of authority, orcertificate to prescribe, dialysis	33344
technician certificate, ~~fifteen~~intravenous therapy card, or	33345
frameable certificate, twenty-five dollars;	33346

(9) For biennial renewal of a nursing license that expires on	33347
or ~~before~~after August 31, 2003, ~~thirty-five~~but before January 1,	33348
2004, forty-five dollars;	33349

(10) For biennial renewal of a nursing license that expires	33350
on or after ~~September 1, 2003, forty-five~~January 1, 2004,	33351
sixty-five dollars;	33352

(11) For biennial renewal of a certificate of authority to	33353
practice nursing as a certified registered nurse anesthetist,	33354
clinical nurse specialist, certified nurse mid-wife, or certified	33355
nurse practitioner that expires on or before August 31, 2005, one	33356
hundred dollars;	33357

(12) For biennial renewal of a certificate of authority to	33358
practice nursing as a certified registered nurse anesthetist,	33359
clinical nurse specialist, certified nurse-midwife, or certified	33360
nurse practitioner that expires on or after September 1, 2005,	33361
eighty-five dollars;	33362

(13) For renewal of a certificate to prescribe, fifty	33363
dollars;	33364

(14) For biennial renewal of a dialysis technician	33365
certificate, the amount specified in rules adopted under section	33366
4723.79 of the Revised Code;	33367

(15) For processing a late application for renewal of a	33368
nursing license, certificate of authority, or dialysis technician	33369
certificate, fifty dollars;	33370

(16) For application for authorization to approve continuing	33371
nursing education programs and courses from an applicant	33372
accredited by a national accreditation system for nursing, five	33373
hundred dollars;	33374

(17) For application for authorization to approve continuing	33375
nursing education programs and courses from an applicant not	33376
accredited by a national accreditation system for nursing, one	33377
thousand dollars;	33378

(18) For each year for which authorization to approve	33379
continuing nursing education programs and courses is renewed, one	33380
hundred fifty dollars;	33381

(19) For application for approval to operate a dialysis	33382
training program, the amount specified in rules adopted under	33383
section 4723.79 of the Revised Code;	33384

(20) For reinstatement of a lapsed nursing license,	33385
certificate of authority, or dialysis technician certificate, one	33386
hundred dollars;	33387

(21) For written verification of a nursing license,	33388
certificate of authority, or dialysis technician certificate,	33389
other than verification to another jurisdiction, five dollars. The	33390
board may contract for services pertaining to this verification	33391
process and the collection of the fee, and may permit the	33392
contractor to retain a portion of the fees as compensation, before	33393
any amounts are deposited into the state treasury.	33394

(22) For processing a check returned to the board by a	33395
financial institution as noncollectible, twenty-five dollars;	33396

(23) For issuance of an intravenous therapy card to an	33397
individual authorized under section 4723.17 of the Revised Code to	33398
provide intravenous therapy, twenty-five dollars;	33399

(24) For out-of-state survey visits of nursing education	33400
programs operating in Ohio, two thousand dollars.	33401

(B) Each quarter, for purposes of transferring funds under	33402
section 4743.05 of the Revised Code to the nurse education	33403
assistance fund created in section 3333.28 of the Revised Code,	33404
the board of nursing shall certify to the director of budget and	33405
management the number of biennial licenses renewed under this	33406
chapter during the preceding quarter and the amount equal to that	33407
number times five dollars.	33408

(C) The board may charge a participant in a board-sponsored	33409
continuing education activity an amount not exceeding fifteen	33410
dollars for each activity.	33411

Sec. 4723.082. ~~All~~(A) Except as provided in section	33412
4723.062 of the Revised Code and division (B) of this section, all	33413
receipts of the board of nursing, from any source, shall be	33414
deposited in the state treasury to the credit of the occupational	33415
licensing and regulatory fund. ~~All~~	33416

(B) All receipts from board-sponsored continuing education	33417
activities shall be deposited in the state treasury to the credit	33418
of the special nursing issue fund created by section 4723.062 of	33419
the Revised Code.	33420

(C) All vouchers of the board shall be approved by the board	33421
president or executive director, or both, as authorized by the	33422
board.	33423

Sec. 4725.01. As used in this chapter:

33424

(A)(1) The "practice of optometry" means the application of	33425
optical principles, through technical methods and devices, in the	33426
examination of human eyes for the purpose of ascertaining	33427
departures from the normal, measuring their functional powers,	33428
adapting optical accessories for the aid thereof, and detecting	33429
ocular abnormalities that may be evidence of disease, pathology,	33430
or injury.	33431

(2) In the case of a licensed optometrist who holds a topical	33432
ocular pharmaceutical agents certificate, the "practice of	33433
optometry" has the same meaning as in division (A)(1) of this	33434
section, except that it also includes administering topical ocular	33435
pharmaceutical agents for the purposes set forth in division	33436
(A)(1) of this section.	33437

(3) In the case of a licensed optometrist who holds a	33438
therapeutic pharmaceutical agents certificate, the "practice of	33439
optometry" has the same meaning as in divisions (A)(1) and (2) of	33440
this section, except that it also includes employing, applying,	33441
administering, and prescribing instruments, devices, procedures	33442
other than invasive procedures, and therapeutic pharmaceutical	33443
agents for the following purposes:	33444

(a) Examination, investigation, diagnosis, or prevention of	33445
any disease, injury, or other abnormal condition of the visual	33446
system;	33447

(b) Treatment or cure of any disease, injury, or other	33448
abnormal condition of the anterior segment of the human eye.	33449

(B) "Topical ocular pharmaceutical agents" means:

33450

(1) Proparacaine hydrochloride in a potency not exceeding	33451
five-tenths of one per cent ophthalmic solution;	33452

(2) Benoxinate hydrochloride in a potency not exceeding	33453
four-tenths of one per cent ophthalmic solution;	33454

(3) Phenylephrine hydrochloride in a potency not exceeding	33455
two and five-tenths per cent ophthalmic solution;	33456

(4) Hydroxyamphetamine hydrobromide in a potency not	33457
exceeding one per cent ophthalmic solution;	33458

(5) Tropicamide in a potency not exceeding one per cent	33459
ophthalmic solution;	33460

(6) Cyclopentolate in a potency not exceeding one per cent	33461
ophthalmic solution;	33462

(7) Any other topical ocular pharmaceutical agents if the	33463
primary indications for their use are consistent with the purposes	33464
set forth in division (A)(1) of this section, their new drug	33465
application is approved by and the potency in which they may be	33466
used for evaluative purposes has been established by the federal	33467
food and drug administration after January 1, 1983, and their use	33468
for the purposes set forth in division (A)(1) of this section has	33469
been approved by rule of the state vision board ~~of optometry~~.	33470

(C) "Therapeutic pharmaceutical agent" means a topical ocular	33471
pharmaceutical agent or any of the following drugs or dangerous	33472
drugs that is used for examination, investigation, diagnosis, or	33473
prevention of disease, injury, or other abnormal condition of the	33474
visual system or for treatment or cure of disease, injury, or	33475
other abnormal condition of the anterior segment of the human eye	33476
and is an anti-microbial, anti-allergy, anti-glaucoma, topical	33477
anti-inflammatory, or cycloplegic agent, or an analgesic:	33478

(1) A topical ophthalmic preparation;

33479

(2) Oral dosage of any of the following drugs:

33480

(a) Acetazolamide;

33481

(b) Astemizole;

33482

33483

(d) Diphenhydramine;

33484

(e) Glycerin in a fifty per cent solution;

33485

(f) Isosorbide in a forty-five per cent solution;

33486

(g) Methazolamide;

33487

(h) Analgesics that may be legally sold without prescription;

33488

(i) Terfenadine;

33489

(j) Ampicillin in a two hundred fifty milligram or five	33490
hundred milligram dosage;	33491

(k) Cefaclor in a two hundred fifty milligram or five hundred	33492
milligram dosage;	33493

(l) Cephalexin in a two hundred fifty milligram or five	33494
hundred milligram dosage;	33495

(m) Dicloxacillin in a two hundred fifty milligram or five	33496
hundred milligram dosage;	33497

(n) Doxycycline in a fifty milligram or one hundred milligram	33498
dosage;	33499

(o) Erythromycin in a two hundred fifty milligram, three	33500
hundred and thirty-three milligram, or five hundred milligram	33501
dosage;	33502

(p) Penicillin VK in a two hundred fifty milligram or five	33503
hundred milligram dosage;	33504

(q) Tetracycline in a two hundred fifty milligram or five	33505
hundred milligram dosage.	33506

(3) Any other oral dosage of a drug or dangerous drug that is	33507
listed by rule adopted by the state vision board ~~of optometry~~	33508
under section 4725.09 of the Revised Code.	33509

(D) "Drug" and "dangerous drug" have the same meanings as in	33510
section 4729.01 of the Revised Code.	33511

(E) "Invasive procedure" means any procedure that involves	33512
cutting or otherwise infiltrating human tissue by mechanical means	33513
including surgery, laser surgery, ionizing radiation, therapeutic	33514
ultrasound, administering medication by injection, or the removal	33515
of intraocular foreign bodies.	33516

(F) "Visual system" means the human eye and its accessory or	33517
subordinate anatomical parts.	33518

(G) "Certificate of licensure" means a certificate issued by	33519
the state vision board ~~of optometry~~ under division (A) of section	33520
4725.13 of the Revised Code authorizing the holder to practice	33521
optometry as provided in division (A)(1) of this section or under	33522
division (E) of section 4725.13 of the Revised Code authorizing	33523
the holder to practice optical dispensing.	33524

(H) "Topical ocular pharmaceutical agents certificate" means	33525
a certificate issued by the state vision board ~~of optometry~~ under	33526
division (A) of section 4725.13 of the Revised Code authorizing	33527
the holder to practice optometry as provided in division (A)(2) of	33528
this section.	33529

(I) "Therapeutic pharmaceutical agents certificate" means a	33530
certificate issued by the state vision board ~~of optometry~~ under	33531
division (A)(3) or (4) of section 4725.13 of the Revised Code	33532
authorizing the holder to practice optometry as provided in	33533
division (A)(3) of this section.	33534

(J) "Optical aid" means an instrument or device prescribed by	33535
a physician or optometrist licensed by any state to correct human	33536
vision, including spectacles, eyeglasses, contact lenses, and	33537
accessories. Contact lenses shall be dispensed only in accordance	33538
with a written prescription designated for contact lenses.	33539

(K) "Optical dispensing" means interpreting but not altering	33540
a prescription of a licensed physician or optometrist and	33541
designing, adapting, fitting, or replacing the prescribed optical	33542
aids, pursuant to such prescription, to or for the intended	33543
wearer; duplicating lenses, other than contact lenses, accurately	33544
as to power without a prescription; and duplicating	33545
nonprescription eyewear and parts of eyewear. "Optical dispensing"	33546
does not include selecting frames, transacting a sale,	33547
transferring an optical aid to the wearer after an optician has	33548
completed fitting it, or providing instruction in the general care	33549
and use of an optical aid, including placement, removal, hygiene,	33550
or cleaning.	33551

(L) "Licensed dispensing optician" means a person holding a	33552
current, valid certificate of licensure that authorizes the person	33553
to engage in optical dispensing. Nothing in this chapter shall be	33554
construed to permit a licensed dispensing optician to alter the	33555
specifications of a prescription.	33556

(M) "Licensed spectacle dispensing optician" means a licensed	33557
dispensing optician authorized to engage in the dispensing of	33558
optical aids other than contact lenses.	33559

(N) "Licensed contact lens dispensing optician" means a	33560
licensed dispensing optician authorized to engage only in the	33561
dispensing of contact lenses.	33562

(O) "Licensed spectacle-contact lens dispensing optician"	33563
means a licensed dispensing optician authorized to engage in the	33564
dispensing of any optical aid.	33565

(P) "Apprentice" means any person dispensing optical aids	33566
under the direct supervision of a licensed dispensing optician.	33567

(Q) "Prescription" means the written or verbal directions or	33568
instructions as specified by a physician or optometrist licensed	33569
by any state for preparing an optical aid for a patient.	33570

(R) "Supervision" means the provision of direction and	33571
control through personal inspection and evaluation of work.	33572

(S) "Licensed ocularist" means a person holding a current,	33573
valid certificate of licensure issued by the state vision board	33574
that authorizes the person to engage in the practice of designing,	33575
fabricating, and fitting artificial eyes or prostheses associated	33576
with the appearance or function of the human eye.	33577

Sec. 4725.02. (A) Except as provided in section 4725.26 of	33578
the Revised Code, no person shall engage in the practice of	33579
optometry, including the determination of the kind of procedure,	33580
treatment, or optical accessories needed by a person or the	33581
examination of the eyes of any person for the purpose of fitting	33582
the same with optical accessories, unless the person holds a	33583
current, valid certificate of licensure as an optometrist from the	33584
state vision board ~~of optometry~~. No person shall claim to be the	33585
lawful holder of such a certificate of licensure when in fact the	33586
person is not such lawful holder, or impersonate any licensed	33587
optometrist.	33588

(B) No optometrist shall administer topical ocular	33589
pharmaceutical agents unless the optometrist holds a valid topical	33590
ocular pharmaceutical agents certificate or therapeutic	33591
pharmaceutical agents certificate and fulfills the other	33592
requirements of this chapter.	33593

(C) No optometrist shall practice optometry as described in	33594
division (A)(3) of section 4725.01 of the Revised Code unless the	33595
optometrist holds a valid therapeutic pharmaceutical agents	33596
certificate.	33597

(D) No optometrist shall personally furnish a therapeutic	33598
pharmaceutical agent to any person, except that a licensed	33599
optometrist who holds a therapeutic pharmaceutical agents	33600
certificate may personally furnish a therapeutic pharmaceutical	33601
agent to a patient if no charge is imposed for the agent or for	33602
furnishing it and the amount furnished does not exceed a	33603
seventy-two hour supply, except that if the minimum available	33604
quantity of the agent is greater than a seventy-two hour supply,	33605
the optometrist may furnish the minimum available quantity.	33606

(E)(1) No person shall engage in optical dispensing or hold	33607
themselves out as being engaged in optical dispensing unless the	33608
person holds a current, valid certificate of licensure from the	33609
state board as a dispensing optician. No person shall claim to be	33610
the lawful holder of such a certificate of licensure when in fact	33611
the person is not such a lawful holder, or impersonate a licensed	33612
dispensing optician.	33613

(2) No person shall engage in the designing, fabricating, and	33614
fitting of an artificial eye or of prostheses associated with the	33615
appearance or function of the human eye unless the person is	33616
licensed as an ocularist by the state board.	33617

(F) After dispensing contact lenses pursuant to the written	33618
prescription of a licensed physician or a licensed optometrist,	33619
each licensed contact lens dispensing optician shall, in writing,	33620
immediately inform the patient to return back to the prescribing	33621
physician or optometrist for final evaluation.	33622

Sec. 4725.03. ~~The governor, with the advice and consent of~~	33623
~~the senate, shall appoint a~~There is hereby created the state	33624
vision board ~~of optometry~~ consisting of ~~six nonmedical~~seven	33625
residents of this state, ~~five of whom shall be persons actually~~	33626
~~engaged in the practice of optometry for five years preceding~~	33627
~~appointment and one of whom shall be a member of the public at~~	33628
~~least sixty years of age~~three appointed by the governor, two	33629
appointed by the speaker of the house of representatives, and two	33630
appointed by the president of the senate. ~~Terms~~Thereafter, terms	33631
of office shall be ~~five~~seven years, commencing on the	33632
twenty-sixth day of September and ending on the twenty-fifth day	33633
of September. The governor, speaker of the house of	33634
representatives, and president of the senate, shall each make one	33635
initial appointment for a three-year term. The remaining initial	33636
appointments shall be for six-year terms. Each member shall hold	33637
office from the date of appointment until the end of the term for	33638
which appointed. Any member appointed to fill a vacancy occurring	33639
prior to the expiration of the term for which the member's	33640
predecessor was appointed shall hold office for the remainder of	33641
the term. A member shall continue in office subsequent to the	33642
expiration date of the member's term until the member's successor	33643
takes office, or until a period of sixty days has elapsed,	33644
whichever occurs first. No person shall serve as a member for more	33645
than two terms.	33646

Sec. 4725.04. The state vision board ~~of optometry~~ shall	33647
organize by the election of a president and a secretary from its	33648
members, who shall hold their respective offices for one year.	33649

The board shall hold meetings to perform its regular duties	33650
at least four times each year. At least one of the board's regular	33651
meetings shall be held in Columbus. The board may hold additional	33652
meetings as it considers necessary. The time and place of any	33653
regular or other meeting shall be fixed and published by the board	33654
at least thirty days prior to the date that it is to be held,	33655
except when the meeting to be held is an emergency or special	33656
meeting, in which case the board shall give twenty-four hours'	33657
notice or as much notice as possible under the circumstances.	33658

A majority of the board constitutes a quorum, but a lesser	33659
number may adjourn from time to time.	33660

The office of budget and management shall determine a	33661
location for the office of the board, where all of the board's	33662
permanent records shall be kept.	33663

Sec. 4725.05. The state vision board ~~of optometry~~ shall	33664
employ an executive director, to serve at the pleasure of the	33665
board. Before entering upon the discharge of official duties of	33666
office, the executive director shall give a bond, to be approved	33667
by the board, in the sum of two thousand dollars conditioned for	33668
the faithful discharge of the duties of the office. The premium	33669
for such bond shall be paid as are other expenditures of the	33670
board. The bond, with the approval of the board and oath of office	33671
indorsed thereon, shall be deposited with the secretary of state	33672
and kept in the secretary of state's office.	33673

The board may employ up to ten persons, who may include such	33674
assistants, inspectors, investigators, and clerical help as are	33675
necessary to administer and enforce sections 4725.01 to 4725.34 of	33676
the Revised Code, the expenses thereof to be charged and paid as	33677
other expenditures of the board. The staff shall serve at the	33678
pleasure of the executive director.	33679

Sec. 4725.06. Each member of the state vision board of	33680
~~optometry~~ shall ~~receive an amount fixed pursuant to division (J)~~	33681
~~of section 124.15 of the Revised Code for each day actually~~	33682
~~employed in the discharge of the official duties of the member,~~	33683
~~and the necessary expenses of the member~~serve without	33684
compensation.	33685

The ~~executive director~~members of the board shall receive	33686
reimbursement for necessary travel expenses incurred in the	33687
discharge of ~~the executive director's~~their official duties.	33688

All vouchers of the board shall be approved by the board	33689
president or executive director, or both, as authorized by the	33690
board.	33691

Sec. 4725.07. The state vision board ~~of optometry~~ shall	33692
adopt a seal and certificate of suitable design and shall keep a	33693
record of its proceedings, a register of persons who have received	33694
certificates of licensure, a register of licensed optometrists who	33695
have received topical ocular pharmaceutical agents certificates, a	33696
register of licensed optometrists who have received therapeutic	33697
pharmaceutical agents certificates, and a register of persons who	33698
have been subject to the board's revocation of any of those	33699
certificates.	33700

~~The board shall have an office in Columbus, where all its~~	33701
~~permanent records shall be kept.~~ The board may make requisition	33702
upon the proper state officials for office rooms and supplies,	33703
including stationery and furniture. All printing and binding	33704
necessary for the work of the board shall be done upon an order	33705
issued by the board through its president and executive director	33706
to the department of administrative services.	33707

Except as provided in division (C) of section 4725.22 and	33708
division (C) of section 4725.23 of the Revised Code, the records	33709
of the board, including its registers, shall be open to public	33710
inspection at all reasonable times. A copy of an entry in such	33711
records, certified by the executive director under the seal of the	33712
board, shall be prima-facie evidence of the facts therein stated.	33713

The board annually, on or before the first day of February,	33714
shall make a report to the governor of all its official acts	33715
during the preceding year, its receipts and disbursements, and a	33716
complete report of the conditions of optometry and of the practice	33717
of optical dispensing in this state.	33718

Sec. 4725.08. In the absence of fraud or bad faith, the	33719
state vision board ~~of optometry~~, a current or former board member,	33720
an agent of the board, a person formally requested by the board to	33721
be the board's representative, or an employee of the board shall	33722
not be held liable in damages to any person as the result of any	33723
act, omission, proceeding, conduct, or decision related to	33724
official duties undertaken or performed pursuant to sections	33725
4725.01 to 4725.34 of the Revised Code. If any such person asks to	33726
be defended by the state against any claim or action arising out	33727
of any act, omission, proceeding, conduct, or decision related to	33728
the person's official duties, and if the request is made in	33729
writing at a reasonable time before trial and the person	33730
requesting defense cooperates in good faith in the defense of the	33731
claim or action, the state shall provide and pay for the person's	33732
defense and shall pay any resulting judgment, compromise, or	33733
settlement. At no time shall the state pay any part of a claim or	33734
judgment that is for punitive or exemplary damages.	33735

Sec. 4725.09. (A) The state vision board ~~of optometry~~ shall	33736
adopt rules as it considers necessary to govern the practice of	33737
optometry and to administer and enforce sections 4725.01 to	33738
4725.34 of the Revised Code. All rules adopted under sections	33739
4725.01 to 4725.34 of the Revised Code shall be adopted in	33740
accordance with Chapter 119. of the Revised Code.	33741

(B) The board, in consultation with the state board of	33742
pharmacy, shall adopt rules specifying oral dosages of drugs or	33743
dangerous drugs that are therapeutic pharmaceutical agents under	33744
division (C)(3) of section 4725.01 of the Revised Code.	33745

(C) The board shall adopt rules that establish standards to	33746
be met and procedures to be followed with respect to the	33747
delegation by an optometrist of the performance of an optometric	33748
task to a person who is not licensed or otherwise specifically	33749
authorized by the Revised Code to perform the task. The rules	33750
shall permit an optometrist who holds a topical ocular	33751
pharmaceutical agents certificate or therapeutic pharmaceutical	33752
agents certificate to delegate the administration of drugs	33753
included in the optometrist's scope of practice.	33754

The rules adopted under this division shall provide for all	33755
of the following:	33756

(1) On-site supervision when the delegation occurs in an	33757
institution or other facility that is used primarily for the	33758
purpose of providing health care, unless the board established a	33759
specific exception to the on-site supervision requirement with	33760
respect to routine administration of a topical drug;	33761

(2) Evaluation of whether delegation is appropriate according	33762
to the acuity of the patient involved;	33763

(3) Training and competency requirements that must be met by	33764
the person administering the drugs;	33765

(4) Other standards and procedures the board considers	33766
relevant.	33767

(D) The board shall adopt rules as it considers necessary to	33768
govern the practice of optical dispensing and to administer and	33769
enforce the processing of applications for licensure as licensed	33770
dispensing opticians; the scheduling, administration, and	33771
supervision of qualifying examinations; the issuance of	33772
certificates of licensure to qualified individuals; the revocation	33773
and suspension of certificates of licensure; and the maintenance	33774
of related records. The board may adopt rules governing the	33775
employment of licensed dispensing opticians, the location or	33776
number of optical stores, advertising of optical products or	33777
services, or the manner in which such products can be displayed.	33778

Sec. 4725.10. (A) The state vision board ~~of optometry~~ shall	33779
evaluate schools of optometry and grant its approval to schools	33780
that adequately prepare their graduates for the practice of	33781
optometry in this state. Approval shall be granted only by an	33782
affirmative vote of a majority of the members of the board.	33783

(B) To be approved by the board, a school of optometry shall	33784
meet at least the following conditions:	33785

(1) Be accredited by a professional optometric accrediting	33786
agency recognized by the board;	33787

(2) Require as a prerequisite to admission to the school's	33788
courses in optometry at least two academic years of study with	33789
credits of at least sixty semester hours or ninety quarter hours	33790
in a college of arts and sciences accredited by a post-secondary	33791
education accrediting organization recognized by the board;	33792

(3) Require a course of study of at least four academic years	33793
with credits of at least one hundred thirty-four semester hours or	33794
two hundred quarter hours.	33795

(C) The board may establish standards for the approval of	33796
schools of optometry that are higher than the standards specified	33797
in division (B) of this section.	33798

Sec. 4725.11. (A) The state vision board ~~of optometry~~ shall	33799
accept as the examination that must be passed to receive a license	33800
to practice optometry in this state the examination prepared,	33801
administered, and graded by the national board of examiners in	33802
optometry or an examination prepared, administered, and graded by	33803
another professional testing organization recognized by the board	33804
as being qualified to examine applicants for licenses to practice	33805
optometry in this state. The board shall periodically review its	33806
acceptance of a licensing examination under this section to	33807
determine if the examination and the organization offering it	33808
continue to meet standards the board considers appropriate.	33809

(B) The licensing examination accepted by the board under	33810
this section may be divided into parts and offered as follows:	33811

(1) Part one: Tests in basic science, human biology, ocular	33812
and visual biology, theoretical ophthalmic, physiological optics,	33813
and physiological psychology;	33814

(2) Part two: Tests in clinical science, systemic conditions,	33815
the treatment and management of ocular disease, refractive	33816
oculomotor, sensory integrative conditions, perceptual conditions,	33817
public health, the legal issues regarding the clinical practice of	33818
optometry, and pharmacology;	33819

(3) Part three: Tests in patient care and management,	33820
clinical skills, and the visual recognition and interpretation of	33821
clinical signs.	33822

(C) The licensing examination accepted by the board may be	33823
offered in a manner other than the manner specified in division	33824
(B) of this section, but if offered in another manner, the	33825
examination must test the person sitting for the examination in	33826
the areas specified in division (B) of this section and may test	33827
the person in other areas.	33828

The board may require as a condition of its acceptance of an	33829
examination that the examination cover subject matters in addition	33830
to those specified in division (B) of this section, if the schools	33831
of optometry it approves under section 4725.10 of the Revised Code	33832
include the additional subject matters in their prescribed	33833
curriculum.	33834

(D) The board shall accept direct delivery of the results of	33835
the licensing examination from the testing organization	33836
administering the examination. The results shall be kept as a	33837
permanent part of the board's records maintained pursuant to	33838
section 4725.07 of the Revised Code.	33839

(E) On request of any person seeking to practice optometry in	33840
this state, the board shall provide information on the licensing	33841
examination accepted by the board, including requirements that	33842
must be met to be eligible to sit for the examination and the	33843
dates the examination is offered.	33844

Sec. 4725.12. (A) Each person who desires to commence the	33845
practice of optometry in the state shall file with the executive	33846
director of the state vision board ~~of optometry~~ a written	33847
application for a certificate of licensure and a therapeutic	33848
pharmaceutical agents certificate. The application shall be	33849
accompanied by the fees specified under section 4725.34 of the	33850
Revised Code and shall contain all information the board considers	33851
necessary to determine whether an applicant is qualified to	33852
receive the certificates. The application shall be made upon the	33853
form prescribed by the board and shall be verified by the oath of	33854
the applicant.	33855

(B) To receive a certificate of licensure as an optometrist	33856
and a therapeutic pharmaceutical agents certificate, an applicant	33857
must meet all of the following conditions:	33858

(1) Be at least eighteen years of age;

33859

(2) Be of good moral character;

33860

(3) Complete satisfactorily a course of study of at least six	33861
college years;	33862

(4) Graduate from a school of optometry approved by the board	33863
under section 4725.10 of the Revised Code;	33864

(5) Pass the licensing examination accepted by the board	33865
under section 4725.11 of the Revised Code.	33866

(C)(1) Any person who desires to engage in optical dispensing	33867
shall file a properly completed written application for	33868
examination with the executive director of the board. The	33869
application shall be made on a form provided by the board and	33870
shall be accompanied by an examination fee the board shall	33871
establish by rule. Applicants shall return the application to the	33872
board at least sixty days prior to the date the examination is	33873
scheduled to be administered. No person is eligible to take the	33874
examination unless they are at least eighteen years of age, of	33875
good moral character, free of contagious or infectious disease,	33876
and a graduate of an accredited high school of any state or having	33877
an education equivalent thereto.	33878

(2) Except as provided in division (C)(3) of this section,	33879
each person who desires to dispense optical aids is eligible to	33880
take the qualifying examination for such practice, if, in addition	33881
to satisfying the criteria of division (C)(1) of this section, the	33882
person successfully completed either of the following:	33883

(a) Two years of supervised experience under a licensed	33884
dispensing optician, optometrist, or physician engaged in the	33885
practice of ophthalmology, up to one year of which may be	33886
continuous experience of not less than thirty hours a week in an	33887
optical laboratory;	33888

(b) A two-year college level program in optical dispensing	33889
that has been approved by the board and that includes, but is not	33890
limited to, courses of study in mathematics, science, English,	33891
anatomy and physiology of the eye, applied optics, ophthalmic	33892
optics, measurement and inspection of lenses, lens grinding and	33893
edging, ophthalmic lens design, keratometry, and the fitting and	33894
adjusting of spectacle lenses and frames and contact lenses,	33895
including methods of fitting contact lenses and post-fitting care.	33896

(3) A registered apprentice or a student in an approved	33897
college level program in optical dispensing may take the	33898
qualifying examination after completion of one year of the	33899
apprenticeship or program but is not eligible for licensure until	33900
they have completed the second year of the apprenticeship or	33901
program.	33902

(4) Any person who desires to obtain a license to practice as	33903
an ocularist shall file a properly completed written application	33904
with the board accompanied by the application fee and proof that	33905
the applicant has met the requirements for licensure. The board	33906
shall establish, by rule, the application fee and the minimum	33907
requirements for licensure, including education, examination, and	33908
experience standards recognized by the board as meeting national	33909
standards for ocularists. The board shall issue a license to	33910
practice as an ocularist to an applicant who satisfies the	33911
requirements of division (C)(4) of this section.	33912

(D)(1) The board shall examine each applicant eligible for	33913
examination under division (C) of this section. The board may	33914
provide for the examination of applicants by designing, preparing,	33915
and administering the qualifying examinations or by contracting	33916
with a testing service that is nationally recognized as being	33917
capable of determining competence to dispense optical aids as a	33918
licensed spectacle dispensing optician, a licensed contact lens	33919
dispensing optician, or a licensed spectacle-contact lens	33920
dispensing optician. Any examination used shall be designed to	33921
measure specific performance requirements, be professionally	33922
constructed and validated, and be independently and objectively	33923
administered and scored, in order to determine the applicant's	33924
competence to dispense optical aids.	33925

(2) The board shall ensure that it, or the testing service	33926
with which it contracts, does all of the following:	33927

(a) Provides public notice as to the date, time, and place	33928
for each qualifying examination at least ninety days prior to the	33929
examination;	33930

(b) Offers each qualifying examination at least twice each	33931
year in Columbus, except as provided by division (D)(3) of this	33932
section;	33933

(c) Provides to each applicant all forms necessary to apply	33934
for examination;	33935

(d) Provides all materials and equipment necessary for the	33936
applicant to take the qualifying examination.	33937

(3) If the number of applicants for any qualifying	33938
examination under this division is less than ten, the board may	33939
postpone the examination. The board or testing service shall	33940
provide the applicant with written notification of the	33941
postponement and of the next date the qualifying examination is	33942
scheduled to be administered.	33943

(4) The board may not limit the number of times that an	33944
applicant may repeat a qualifying examination under this division,	33945
except that, if an applicant fails an examination for a third	33946
time, the board may require that the applicant, prior to retaking	33947
the examination, undergo additional study in the areas of the	33948
examination in which the applicant experienced difficulty.	33949

(E) An applicant for licensure as a licensed dispensing	33950
optician who is licensed or registered in another state shall be	33951
accorded the full privileges of practice within this state,	33952
without the necessity of examination, upon the payment of a	33953
seventy-five dollar fee and the submission of a certified copy of	33954
the license or certificate issued by the other state, if the board	33955
determines that the applicant has the required amount of	33956
experience or education and meets the requirements of division	33957
(C)(1) of this section.	33958

(F) The board shall issue to each person who qualifies for	33959
licensure as a licensed dispensing optician, under its seal, a	33960
certificate of licensure entitling them to practice as a licensed	33961
spectacle dispensing optician, licensed contact lens dispensing	33962
optician, or licensed spectacle-contact lens dispensing optician.	33963
The appropriate certificate of licensure shall be issued no later	33964
than sixty days after the board notifies the applicant of its	33965
approval for licensure. The board shall establish, by rule, a	33966
license fee.	33967

(G) Each licensed dispensing optician shall display the	33968
optician's certificate of licensure in a conspicuous place in the	33969
optician's office or place of business. If a licensed dispensing	33970
optician maintains more than one office or place of business, the	33971
optician shall display a duplicate copy of the certificate at each	33972
location. The board shall issue duplicate copies of the	33973
appropriate certificate of licensure for this purpose upon the	33974
filing of an application form therefor and the payment of a	33975
five-dollar fee for each duplicate copy.	33976

(H) Any licensed dispensing optician may supervise a maximum	33977
of three apprentices who may engage in optical dispensing only	33978
under the supervision of the licensed dispensing optician. A	33979
person serving as an apprentice shall register annually with the	33980
board either on a form provided by the board or in the form of a	33981
statement giving the name and address of the supervising licensed	33982
dispensing optician, the location at which the apprentice will be	33983
employed, and any other information required by the board. Each	33984
registrant shall pay a registration fee of ten dollars. A person	33985
who is gaining experience under the supervision of a licensed	33986
optometrist or ophthalmologist that would qualify them to take the	33987
examination to engage in optical dispensing is not required to	33988
register with the board.	33989

Sec. 4725.13. (A) The state vision board ~~of optometry~~, by an	33990
affirmative vote of a majority of its members, shall issue	33991
certificates of licensure to practice optometry under its seal as	33992
follows:	33993

(1) Every applicant who, prior to May 19, 1992, passed the	33994
licensing examination then in effect, and who otherwise complies	33995
with sections 4725.01 to 4725.34 of the Revised Code shall receive	33996
from the board a certificate of licensure authorizing the holder	33997
to engage in the practice of optometry as provided in division	33998
(A)(1) of section 4725.01 of the Revised Code.	33999

(2) Every applicant who, prior to May 19, 1992, passed the	34000
general and ocular pharmacology examination then in effect, and	34001
who otherwise complies with sections 4725.01 to 4725.34 of the	34002
Revised Code, shall receive from the board a separate topical	34003
ocular pharmaceutical agents certificate authorizing the holder to	34004
administer topical ocular pharmaceutical agents as provided in	34005
division (A)(2) of section 4725.01 of the Revised Code and in	34006
accordance with sections 4725.01 to 4725.34 of the Revised Code.	34007

(3) Every applicant who holds a valid certificate of	34008
licensure issued prior to May 19, 1992, and meets the requirements	34009
of section 4725.14 of the Revised Code shall receive from the	34010
board a separate therapeutic pharmaceutical agents certificate	34011
authorizing the holder to engage in the practice of optometry as	34012
provided in division (A)(3) of section 4725.01 of the Revised	34013
Code.	34014

(4) Every applicant who, on or after May 19, 1992, passes all	34015
parts of the licensing examination accepted by the board under	34016
section 4725.11 of the Revised Code and otherwise complies with	34017
the requirements of sections 4725.01 to 4725.34 of the Revised	34018
Code shall receive from the board a certificate of licensure	34019
authorizing the holder to engage in the practice of optometry as	34020
provided in division (A)(1) of section 4725.01 of the Revised Code	34021
and a separate therapeutic pharmaceutical agents certificate	34022
authorizing the holder to engage in the practice of optometry as	34023
provided in division (A)(3) of that section.	34024

(B) Each person to whom a certificate is issued by the board	34025
shall keep the certificate displayed in a conspicuous place in the	34026
location at which that person practices optometry and shall	34027
whenever required exhibit the certificate to any member or agent	34028
of the board. If an optometrist practices outside of or away from	34029
the location at which the optometrist's certificate of licensure	34030
is displayed, the optometrist shall deliver to each person	34031
examined or fitted with optical accessories by the optometrist, a	34032
receipt signed by the optometrist in which the optometrist shall	34033
set forth the amounts charged, the optometrist's post-office	34034
address, and the number assigned to the optometrist's certificate	34035
of licensure. The information may be provided as part of a	34036
prescription given to the person.	34037

(C) A person who, on May 19, 1992, holds a valid certificate	34038
of licensure or topical ocular pharmaceutical agents certificate	34039
issued by the board may continue to engage in the practice of	34040
optometry as provided by the certificate of licensure or topical	34041
ocular pharmaceutical agents certificate if the person continues	34042
to comply with sections 4725.01 to 4725.34 of the Revised Code as	34043
required by the certificate of licensure or topical ocular	34044
pharmaceutical agents certificate.	34045

Sec. 4725.15. If the state vision board ~~of optometry~~	34046
receives notice ~~under division (D) of section 4725.11 of the~~	34047
~~Revised Code~~ that an applicant has failed four times the licensing	34048
examination or part of the examination that must be passed	34049
pursuant to section 4725.12 or 4725.14 of the Revised Code for a	34050
certificate of licensure as an optometrist, the board shall not	34051
give further consideration to the application until the applicant	34052
completes thirty hours of remedial training approved by the board	34053
in the specific subject area or areas covered by the examination	34054
or part of the examination that was failed.	34055

Sec. 4725.16. (A) Each certificate of licensure, topical	34056
ocular pharmaceutical agents certificate, and therapeutic	34057
pharmaceutical agents certificate issued by the state vision board	34058
~~of optometry~~ shall expire annually on the last day of December,	34059
and may be renewed in accordance with this section and the	34060
standard renewal procedure established under Chapter 4745. of the	34061
Revised Code.	34062

(B) All licensed optometrists shall annually complete	34063
continuing education in subjects relating to the practice of	34064
optometry, to the end that the utilization and application of new	34065
techniques, scientific and clinical advances, and the achievements	34066
of research will assure comprehensive care to the public. The	34067
board shall prescribe by rule the continuing optometric education	34068
that licensed optometrists must complete. The length of study	34069
shall be determined by the board but shall be not less than six	34070
nor more than twenty-five clock hours each year, except that the	34071
board shall prescribe an additional five clock hours of	34072
instruction in pharmacology to be completed by optometrists who	34073
hold topical ocular pharmaceutical agents certificates or	34074
therapeutic pharmaceutical agents certificates.	34075

Unless the continuing education required under this division	34076
is waived or deferred under division (D) of this section, the	34077
continuing education must be completed during the twelve-month	34078
period beginning on the first day of October and ending on the	34079
last day of September. If the board receives notice from a	34080
continuing education program indicating that an optometrist	34081
completed the program after the last day of September, and the	34082
optometrist wants to use the continuing education completed after	34083
that day to renew the license that expires on the last day of	34084
December of that year, the optometrist shall pay the penalty	34085
specified under section 4725.34 of the Revised Code for late	34086
completion of continuing education.	34087

At least once annually, the board shall mail to each licensed	34088
optometrist a list of courses approved in accordance with	34089
standards prescribed by board rule. Upon the request of a licensed	34090
optometrist, the executive director of the board shall supply a	34091
list of additional courses that the board has approved subsequent	34092
to the most recent mailing of the list of approved courses.	34093

(C) Annually, by the first day of November, the board shall	34094
mail to each licensed optometrist a notice regarding license	34095
renewal and include with the notice an application for license	34096
renewal. The application shall be in such form and require such	34097
pertinent professional biographical data as the board may require.	34098
An optometrist seeking to continue to practice optometry shall	34099
file the renewal application with the board. Filing the	34100
application shall serve as notice by the optometrist that the	34101
continuing optometric education requirement has been successfully	34102
completed.	34103

If the board finds that an optometrist has not completed the	34104
required continuing optometric education, the board shall	34105
disapprove the optometrist's application. The board's disapproval	34106
of renewal is effective without a hearing, unless a hearing is	34107
requested pursuant to Chapter 119. of the Revised Code. The board	34108
shall refuse to accept an application for renewal from any	34109
applicant whose license is not in good standing or who is under	34110
disciplinary review pursuant to section 4725.19 of the Revised	34111
Code. Notice of an applicant's failure to qualify for renewal	34112
shall be served upon the applicant by mail, which shall be sent on	34113
or before the fifteenth day of November to the address shown in	34114
the board's records.	34115

(D) In cases of certified illness or undue hardship, the	34116
board may waive or defer for up to twelve months the requirement	34117
of continuing optometric education, except that in such cases the	34118
board may not waive or defer the continuing education in	34119
pharmacology required to be completed by optometrists who hold	34120
topical ocular pharmaceutical agents certificates or therapeutic	34121
pharmaceutical agents certificates. The board shall waive the	34122
requirement of continuing optometric education for any optometrist	34123
who is serving in the armed forces of the United States or who has	34124
received an initial certificate of licensure during the nine-month	34125
period which ended on the last day of September.	34126

(E) The board shall approve all applications for renewal that	34127
are not disapproved or refused under division (C) of this section.	34128
An optometrist whose renewal application has been approved may	34129
renew each certificate held by paying to the treasurer of state	34130
the fees for renewal specified under section 4725.34 of the	34131
Revised Code. On payment of all applicable fees, the board shall	34132
issue a renewal of the optometrist's certificate of licensure,	34133
topical ocular pharmaceutical agents certificate, and therapeutic	34134
pharmaceutical agents certificate, as appropriate.	34135

(F) A notice shall be sent to every licensed optometrist who	34136
fails to file the renewal application provided under division (C)	34137
of this section, at the optometrist's last address, at least one	34138
month in advance of the last day of December, which is the date of	34139
expiration. A second notice shall be sent prior to any action	34140
under division (I) of this section to classify the optometrist's	34141
certificates as delinquent, to every optometrist failing to	34142
respond to the preceding notice.	34143

(G) The failure of an optometrist to apply for license	34144
renewal or the failure to pay the applicable annual renewal fees	34145
on or before the date of expiration, shall automatically work a	34146
forfeiture of the optometrist's authority to practice optometry in	34147
this state.	34148

(H) The board shall accept renewal applications and renewal	34149
fees that are submitted from the first day of January to the last	34150
day of April of the year next succeeding the date of expiration.	34151
An individual who submits such a late renewal application or fee	34152
shall pay the late renewal fee specified in section 4725.34 of the	34153
Revised Code.	34154

(I)(1) If the certificates issued by the board to an	34155
~~individual~~a licensed optometrist have expired and the ~~individual~~	34156
optometrist has not filed a complete application during the late	34157
renewal period, the individual's certificates shall be classified	34158
in the board's records as delinquent.	34159

(2) Any optometrist subject to delinquent classification may	34160
submit a written application to the board for reinstatement. For	34161
reinstatement to occur, the applicant must meet all of the	34162
following conditions:	34163

(a) Submit to the board evidence of compliance with board	34164
rules requiring continuing optometric education in a sufficient	34165
number of hours to make up for any delinquent compliance;	34166

(b) Pay the renewal fees for the year in which application	34167
for reinstatement is made and the reinstatement fee specified	34168
under division (A)(8) of section 4725.34 of the Revised Code;	34169

(c) Pass all or part of the licensing examination accepted by	34170
the board under section 4725.11 of the Revised Code as the board	34171
considers appropriate to determine whether the application for	34172
reinstatement should be approved;	34173

(d) If the applicant has been practicing optometry in another	34174
state or country, submit evidence that the applicant's license to	34175
practice optometry in the other state or country is in good	34176
standing.	34177

(3) The board shall approve an application for reinstatement	34178
if the conditions specified in division (I)(2) of this section are	34179
met. An optometrist who receives reinstatement is subject to the	34180
continuing education requirements specified under division (B) of	34181
this section for the year in which reinstatement occurs.	34182

(J) Each licensed dispensing optician annually shall complete	34183
continuing education requirements as follows:	34184

(1) Licensed spectacle dispensing opticians - four hours of	34185
study in spectacle dispensing, approved by the board;	34186

(2) Licensed contact lens dispensing opticians - eight hours	34187
of study in contact lens dispensing, approved by the board;	34188

(3) Licensed spectacle-contact lens dispensing opticians -	34189
courses of study under divisions (J)(1) and (2) of this section.	34190

(K) Annually, by the first day of November, the board shall	34191
mail to each licensed dispensing optician a notice regarding	34192
license renewal and include with the notice an application for	34193
license renewal. The application shall be in such form and require	34194
such pertinent professional biographical data as the board	34195
requires. A licensed dispensing optician seeking to continue to	34196
practice shall file the renewal application with the board. Filing	34197
the application shall serve as notice by the licensed dispensing	34198
optician that the appropriate continuing education requirements	34199
have been successfully completed. If the board finds that a	34200
licensed dispensing optician has not completed the required amount	34201
of continuing education, the board shall disapprove the optician's	34202
application. The board shall establish, by rule, a license renewal	34203
fee. No person who fails to renew their license under this	34204
division shall be required to take a qualifying examination under	34205
division (D) of section 4725.12 of the Revised Code as a condition	34206
of renewal, provided that an application for renewal and proof of	34207
the requisite continuing education hours are submitted within	34208
ninety days from the date the license expired and the applicant	34209
pays the annual renewal fee and a penalty of seventy-five dollars.	34210
The board may provide, by rule, for an extension of the grace	34211
period for licensed dispensing opticians who are serving in the	34212
armed forces of the United States and for waiver of the continuing	34213
education requirements or the penalty in cases of hardship or	34214
illness.	34215

(L) The board shall approve continuing education programs for	34216
licensed dispensing opticians and shall adopt rules as necessary	34217
for approving the programs. Approved programs shall be scheduled,	34218
sponsored, and conducted in accordance with the board's rules.	34219

Sec. 4725.17. (A) An optometrist who intends not to continue	34220
practicing optometry in this state due to retirement or a decision	34221
to practice in another state or country may apply to the state	34222
vision board ~~of optometry~~ to have the certificates issued to the	34223
optometrist placed on inactive status. Application for inactive	34224
status shall consist of a written notice to the board of the	34225
optometrist's intention to no longer practice in this state. The	34226
board may not accept an application submitted after the	34227
applicant's certificate of licensure and any other certificates	34228
have expired. The board may approve an application for placement	34229
on inactive status only if the applicant's certificates are in	34230
good standing and the applicant is not under disciplinary review	34231
pursuant to section 4725.19 of the Revised Code.	34232

(B) An individual whose certificates have been placed on	34233
inactive status may submit a written application to the board for	34234
reinstatement. For reinstatement to occur, the applicant must meet	34235
all of the following conditions:	34236

(1) Pay the renewal fees for the year in which application	34237
for reinstatement is made and the reinstatement fee specified	34238
under division (A)(9) of section 4725.34 of the Revised Code;	34239

(2) Pass all or part of the licensing examination accepted by	34240
the board under section 4725.11 of the Revised Code as the board	34241
considers appropriate, if the board considers examination	34242
necessary to determine whether the application for reinstatement	34243
should be approved;	34244

(3) If the applicant has been practicing optometry in another	34245
state or country, submit evidence of being in the active practice	34246
of optometry in the other state or country and evidence that the	34247
applicant's license to practice in the other state or country is	34248
in good standing.	34249

(C) The board shall approve an application for reinstatement	34250
if the conditions specified in division (B) of this section are	34251
met. An optometrist who receives reinstatement is subject to the	34252
continuing education requirements specified under section 4725.16	34253
of the Revised Code for the year in which reinstatement occurs.	34254

Sec. 4725.171. (A) An optometrist who discontinued	34255
practicing optometry in this state due to retirement or a decision	34256
to practice in another state or country before the state vision	34257
board ~~of optometry~~ accepted applications for placement of	34258
certificates to practice on inactive status pursuant to section	34259
4725.17 of the Revised Code may apply to the board to have the	34260
optometrist's certificates reinstated. The board may accept an	34261
application for reinstatement only if, at the time the	34262
optometrist's certificates expired, the certificates were in good	34263
standing and the optometrist was not under disciplinary review by	34264
the board.	34265

(B) For reinstatement to occur, the applicant must meet all	34266
of the following conditions:	34267

(1) Pay the renewal fees for the year in which application	34268
for reinstatement is made and the reinstatement fee specified	34269
under division (A)(10) of section 4725.34 of the Revised Code;	34270

(2) Pass all or part of the licensing examination accepted by	34271
the board under section 4725.11 of the Revised Code as the board	34272
considers appropriate, if the board considers examination	34273
necessary to determine whether the application for reinstatement	34274
should be approved;	34275

(3) If the applicant has been practicing optometry in another	34276
state or country, submit evidence of being in the active practice	34277
of optometry in the other state or country and evidence that the	34278
applicant's license to practice in the other state or country is	34279
in good standing.	34280

(C) The board shall approve an application for reinstatement	34281
if the conditions specified in division (B) of this section are	34282
met. An optometrist who receives reinstatement is subject to the	34283
continuing education requirements specified under section 4725.16	34284
of the Revised Code for the year in which reinstatement occurs.	34285

Sec. 4725.18. (A) The state vision board ~~of optometry~~ may	34286
issue a certificate of licensure as an optometrist and therapeutic	34287
pharmaceutical agents certificate to an individual licensed as an	34288
optometrist by another state if the board determines that the	34289
other state has standards for the practice of optometry that are	34290
at least as stringent as the standards established under sections	34291
4725.01 to 4725.34 of the Revised Code and the other state	34292
similarly grants licenses to practice optometry to individuals who	34293
hold certificates of licensure issued by the board.	34294

(B) To receive a certificate of licensure and therapeutic	34295
pharmaceutical agents certificate under this section, an applicant	34296
must meet all of the following conditions:	34297

(1) Hold a license to practice optometry from the other state	34298
that is in good standing, evidenced by submission of a letter from	34299
the licensing agency of the other state;	34300

(2) Have been actively engaged in the practice of optometry,	34301
including the use of therapeutic pharmaceutical agents, for at	34302
least three years immediately preceding making application under	34303
this section;	34304

(3) Pay the application fees established under section	34305
4725.34 of the Revised Code for a certificate of licensure and	34306
therapeutic pharmaceutical agents certificate;	34307

(4) Submit all transcripts, reports, or other information the	34308
board requires;	34309

(5) Pass all or part of the licensing examination accepted by	34310
the board under section 4725.11 of the Revised Code, if the board	34311
determines that testing is necessary to determine whether the	34312
applicant's qualifications are sufficient for issuance of a	34313
certificate of licensure and therapeutic pharmaceutical agents	34314
certificate under this section.	34315

(C) If the applicant meets the conditions specified in	34316
division (B) of this section and the board has not previously	34317
denied issuance of a license to the applicant, the board may, by	34318
an affirmative vote of a majority of its members, issue to the	34319
applicant a certificate of licensure as an optometrist and	34320
therapeutic pharmaceutical agents certificate.	34321

Sec. 4725.19. (A) In accordance with Chapter 119. of the	34322
Revised Code and by an affirmative vote of a majority of its	34323
members, the state vision board ~~of optometry~~, for any of the	34324
reasons specified in division (B) of this section, shall refuse to	34325
grant a certificate of licensure to an applicant and may, with	34326
respect to a licensed optometrist or dispensing optician, do one	34327
or more of the following:	34328

(1) Suspend the operation of any certificate of licensure,	34329
topical ocular pharmaceutical agents certificate, or therapeutic	34330
pharmaceutical agents certificate, or all certificates granted by	34331
it to the optometrist or dispensing optician;	34332

(2) Permanently revoke any or all of the certificates;

34333

(3) Limit or otherwise place restrictions on any or all of	34334
the certificates;	34335

(4) Reprimand the optometrist or dispensing optician;

34336

(5) Impose a monetary penalty. If the reason for which the	34337
board is imposing the penalty involves a criminal offense that	34338
carries a fine under the Revised Code, the penalty shall not	34339
exceed the maximum fine that may be imposed for the criminal	34340
offense. In any other case, the penalty imposed by the board shall	34341
not exceed five hundred dollars.	34342

(B) The sanctions specified in division (A) of this section	34343
may be taken by the board for any of the following reasons:	34344

(1) Committing fraud in passing the licensing examination or	34345
making false or purposely misleading statements in an application	34346
for a certificate of licensure;	34347

(2) Being at any time guilty of immorality, regardless of the	34348
jurisdiction in which the act was committed;	34349

(3) Being guilty of dishonesty or unprofessional conduct in	34350
the practice of optometry or optical dispensing;	34351

(4) Being at any time guilty of a felony, regardless of the	34352
jurisdiction in which the act was committed;	34353

(5) Being at any time guilty of a misdemeanor committed in	34354
the course of practice, regardless of the jurisdiction in which	34355
the act was committed;	34356

(6) Violating the conditions of any limitation or other	34357
restriction placed by the board on any certificate issued by the	34358
board;	34359

(7) Engaging in the practice of optometry ~~as provided in~~	34360
~~division (A)(1), (2), or (3) of section 4725.01 of the Revised~~	34361
~~Code~~or optical dispensing when the certificate authorizing that	34362
practice is under suspension, in which case the board shall	34363
permanently revoke the certificate;	34364

(8) Being denied a license to practice optometry in another	34365
state or country or being subject to any other sanction by the	34366
optometric licensing authority of another state or country, other	34367
than sanctions imposed for the nonpayment of fees;	34368

(9) Departing from or failing to conform to acceptable and	34369
prevailing standards of care in the practice of optometry or	34370
optical dispensing as followed by similar practitioners under the	34371
same or similar circumstances, regardless of whether actual injury	34372
to a patient is established;	34373

(10) Failing to maintain comprehensive patient records;

34374

(11) Advertising a price of optical accessories, eye	34375
examinations, or other products or services by any means that	34376
would deceive or mislead the public;	34377

(12) Being addicted to the use of alcohol, stimulants,	34378
narcotics, or any other substance which impairs the intellect and	34379
judgment to such an extent as to hinder or diminish the	34380
performance of the duties included in the person's practice of	34381
optometry or optical dispensing;	34382

(13) Engaging in the practice of optometry as provided in	34383
division (A)(2) or (3) of section 4725.01 of the Revised Code	34384
without authority to do so or, if authorized, in a manner	34385
inconsistent with the authority granted;	34386

(14) Failing to make a report to the board as required by	34387
division (A) of section 4725.21 or section 4725.31 of the Revised	34388
Code;	34389

(15) Soliciting patients from door to door or establishing	34390
temporary offices, in which case the board shall suspend all	34391
certificates held by the optometrist or licensed dispensing	34392
optician;	34393

(16) Except as provided in division (D) of this section:

34394

(a) Waiving the payment of all or any part of a deductible or	34395
copayment that a patient, pursuant to a health insurance or health	34396
care policy, contract, or plan that covers optometric services or	34397
the services of a licensed dispensing optician, would otherwise be	34398
required to pay if the waiver is used as an enticement to a	34399
patient or group of patients to receive health care services from	34400
that optometrist or dispensing optician.	34401

(b) Advertising that the optometrist or dispensing optician	34402
will waive the payment of all or any part of a deductible or	34403
copayment that a patient, pursuant to a health insurance or health	34404
care policy, contract, or plan that covers ~~optometric~~their	34405
services, would otherwise be required to pay.	34406

(17) Optical dispensing without the prescription of a	34407
licensed physician or licensed optometrist, but this shall not	34408
prohibit a dispensing optician from the duplication or replacement	34409
of previously prepared optical aids, except that contact lenses	34410
shall not be duplicated or replaced without a written	34411
prescription;	34412

(18) Paying or offering to pay a rebate or commission of any	34413
nature, directly or indirectly, as a licensed dispensing optician,	34414
or offering any other thing of value to a physician or licensed	34415
optometrist, for a referral of patients.	34416

(C) Any person who is the holder of a certificate of	34417
licensure, or who is an applicant for a certificate of licensure	34418
against whom is preferred any charges, shall be furnished by the	34419
board with a copy of the complaint and shall have a hearing before	34420
the board in accordance with Chapter 119. of the Revised Code.	34421

(D) Sanctions shall not be imposed under division (B)(16) of	34422
this section against any optometrist or dispensing optician who	34423
waives deductibles and copayments:	34424

(1) In compliance with the health benefit plan that expressly	34425
allows such a practice. Waiver of the deductibles or copayments	34426
shall be made only with the full knowledge and consent of the plan	34427
purchaser, payer, and third-party administrator. Documentation of	34428
the consent shall be made available to the board upon request.	34429

(2) For professional services rendered by an optometrist to	34430
any other optometrist licensed by the board, to the extent allowed	34431
by sections 4725.01 to 4725.34 of the Revised Code and the rules	34432
of the board.	34433

Sec. 4725.20. On receipt of a notice pursuant to section	34434
3123.43 of the Revised Code, the state vision board ~~of optometry~~	34435
shall comply with sections 3123.41 to 3123.50 of the Revised Code	34436
and any applicable rules adopted under section 3123.63 of the	34437
Revised Code with respect to a license or certificate issued by	34438
the board under this chapter.	34439

Sec. 4725.21. (A) If an optometrist licensed by the state	34440
vision board ~~of optometry~~ has reason to believe that another	34441
optometrist licensed currently or previously by the board has	34442
engaged in any course of treatment or other services to a patient	34443
that constitutes unprofessional conduct under section 4725.19 of	34444
the Revised Code, or has an addiction subject to board action	34445
under section 4725.19 of the Revised Code, the optometrist shall	34446
make a report to the board.	34447

(B) Any person may report to the board in a signed writing	34448
any information that the person may have that appears to show a	34449
violation of any provision of sections 4725.01 to 4725.34 of the	34450
Revised Code or the rules adopted under those sections.	34451

(C) Each complaint or allegation of a violation received by	34452
the board shall be assigned a case number and shall be recorded by	34453
the board.	34454

(D) In the absence of fraud or bad faith, no person who	34455
reports to the board under this section or testifies in any	34456
adjudication conducted under Chapter 119. of the Revised Code	34457
shall be liable to any person for damages in a civil action as a	34458
result of the report or testimony.	34459

Sec. 4725.22. (A) Each insurer providing professional	34460
liability insurance to an optometrist licensed under this chapter,	34461
or any other entity that seeks to indemnify the professional	34462
liability of an optometrist licensed under this chapter, shall	34463
notify the state vision board ~~of optometry~~ within thirty days	34464
after the final disposition of a claim for damages. The notice	34465
shall contain the following information:	34466

(1) The name and address of the person submitting the	34467
notification;	34468

(2) The name and address of the insured who is the subject of	34469
the claim;	34470

(3) The name of the person filing the written claim;

34471

(4) The date of final disposition;

34472

(5) If applicable, the identity of the court in which the	34473
final disposition of the claim took place.	34474

(B) Each optometrist licensed under this chapter shall notify	34475
the board within thirty days of receipt of the final disposition	34476
of a claim for damages or any action involving malpractice. The	34477
optometrist shall notify the board by registered mail and shall	34478
provide all reports and other information required by the board.	34479

(C) Information received under this section is not a public	34480
record for purposes of section 149.43 of the Revised Code and	34481
shall not be released except as otherwise required by law or a	34482
court of competent jurisdiction.	34483

Sec. 4725.23. (A) The state vision board ~~of optometry~~ shall	34484
investigate evidence that appears to show that a person has	34485
violated any provision of sections 4725.01 to 4725.34 of the	34486
Revised Code or any rule adopted under those sections.	34487
Investigations of alleged violations shall be supervised by the	34488
member of the board appointed by the board to act as the	34489
supervising member of investigations. The supervising member shall	34490
not participate in the final vote that occurs in an adjudication	34491
of the case.	34492

(B) In investigating a possible violation, the board may	34493
administer oaths, order the taking of depositions, issue	34494
subpoenas, and compel the attendance of witnesses and production	34495
of books, accounts, papers, records, documents, and testimony. A	34496
subpoena for patient record information shall not be issued	34497
without consultation with the attorney general's office and	34498
approval of the secretary of the board and the board's supervising	34499
member of investigations. Before issuance of a subpoena for	34500
patient record information, the secretary and supervising member	34501
shall determine whether there is probable cause to believe that	34502
the complaint filed alleges a violation of sections 4725.01 to	34503
4725.34 of the Revised Code or any rule adopted under those	34504
sections and that the records sought are relevant to the alleged	34505
violation and material to the investigation. The subpoena may	34506
apply only to records that cover a reasonable period of time	34507
surrounding the alleged violation.	34508

On failure to comply with any subpoena issued by the board	34509
and after reasonable notice to the person being subpoenaed, the	34510
board may move for an order compelling the production of persons	34511
or records pursuant to the Rules of Civil Procedure.	34512

A subpoena issued by the board may be served by a sheriff,	34513
the sheriff's deputy, or a board employee designated by the board.	34514
Service of a subpoena issued by the board may be made by	34515
delivering a copy of the subpoena to the person named therein,	34516
reading it to the person, or leaving it at the person's usual	34517
place of residence. When the person being served is an optometrist	34518
or dispensing optician licensed under by this chapter, service of	34519
the subpoena may be made by certified mail, restricted delivery,	34520
return receipt requested, and the subpoena shall be deemed served	34521
on the date delivery is made or the date the optometrist or	34522
dispensing optician refuses to accept delivery.	34523

Each witness who appears before the board in obedience to a	34524
subpoena shall receive the fees and mileage provided for witnesses	34525
in civil cases in the courts of common pleas.	34526

(C) Information received by the board pursuant to an	34527
investigation is confidential and not subject to discovery in any	34528
civil action.	34529

The board shall conduct all investigations and proceedings in	34530
a manner that protects the confidentiality of patients and persons	34531
who file complaints with the board. The board shall not make	34532
public the names or any other identifying information about	34533
patients or complainants unless proper consent is given.	34534

Sec. 4725.24. If the secretary of the state vision board of	34535
~~optometry~~ and the board's supervising member of investigations	34536
determine that there is clear and convincing evidence that an	34537
optometrist or licensed dispensing optician has violated division	34538
(B) of section 4725.19 of the Revised Code and that the	34539
optometrist's or dispensing optician's continued practice presents	34540
a danger of immediate and serious harm to the public, they may	34541
recommend that the board suspend without a prior hearing the	34542
optometrist's or dispensing optician's certificate of licensure	34543
and any other certificates held by the optometrist or dispensing	34544
optician. Written allegations shall be prepared for consideration	34545
by the full board.	34546

The board, upon review of those allegations and by an	34547
affirmative vote of three members other than the secretary and	34548
supervising member may order the suspension without a prior	34549
hearing. A telephone conference call may be utilized for reviewing	34550
the allegations and taking the vote on the summary suspension.	34551

The board shall issue a written order of suspension by	34552
certified mail or in person in accordance with section 119.07 of	34553
the Revised Code. The order shall not be subject to suspension by	34554
the court during pendency of any appeal filed under section 119.12	34555
of the Revised Code. If the individual subject to the summary	34556
suspension requests an adjudicatory hearing by the board, the date	34557
set for the hearing shall be within fifteen days, but not earlier	34558
than seven days, after the individual requests the hearing, unless	34559
otherwise agreed to by both the board and the individual.	34560

Any summary suspension imposed under this division shall	34561
remain in effect, unless reversed on appeal, until a final	34562
adjudicative order issued by the board pursuant to section 4725.19	34563
of the Revised Code and Chapter 119. of the Revised Code becomes	34564
effective. The board shall issue its final adjudicative order	34565
within sixty days after completion of its hearing. A failure to	34566
issue the order within sixty days shall result in dissolution of	34567
the summary suspension order but shall not invalidate any	34568
subsequent, final adjudicative order.	34569

Sec. 4725.26. (A) Division (A) of section 4725.02 of the	34570
Revised Code does not apply to the following:	34571

~~(A)~~(1) Physicians authorized to practice medicine and surgery	34572
or osteopathic medicine and surgery under Chapter 4731. of the	34573
Revised Code;	34574

~~(B)~~(2) Persons who sell optical accessories but do not assume	34575
to adapt them to the eye, and neither practice nor profess to	34576
practice optometry;	34577

~~(C)~~(3) An instructor in a school of optometry that is located	34578
in this state and approved by the state vision board ~~of optometry~~	34579
under section 4725.10 of the Revised Code who holds a valid	34580
current license to practice optometry from a licensing body in	34581
another jurisdiction and limits the practice of optometry to the	34582
instruction of students enrolled in the school.	34583

~~(D)~~(4) A student at a school of optometry located in this	34584
state and approved by the board under section 4725.10 of the	34585
Revised Code while enrolled in an optometry training program and	34586
acting under the direct, personal supervision and control of an	34587
optometrist licensed by the board or authorized to practice	34588
pursuant to division ~~(C)~~(A)(3) of this section.	34589

~~(E)~~(5) An individual who is licensed or otherwise	34590
specifically authorized by the Revised Code to engage in an	34591
activity that is included in the practice of optometry.	34592

~~(F)~~(6) An individual who is not licensed or otherwise	34593
specifically authorized by the Revised Code to engage in an	34594
activity that is included in the practice of optometry, but is	34595
acting pursuant to the rules for delegation of optometric tasks	34596
adopted under section 4725.09 of the Revised Code.	34597

(B) Division (E)(1) of section 4725.02 of the Revised Code	34598
does not apply to:	34599

(1) A physician authorized under Chapter 4731. of the Revised	34600
Code to practice medicine and surgery or osteopathic medicine and	34601
surgery, or to persons in the employment and under the supervision	34602
of a physician at the physician's office;	34603

(2) An optometrist licensed under this chapter, or to persons	34604
in the employment and under the supervision of an optometrist at	34605
the optometrist's office.	34606

(C) Nothing in this chapter prevents or restricts any	34607
individual, firm, or corporation from employing, or engaging in	34608
optical dispensing through, persons licensed as dispensing	34609
opticians under this chapter.	34610

Sec. 4725.27. The testimony and reports of an optometrist	34611
licensed by the state vision board ~~of optometry~~ under this chapter	34612
shall be received by any state, county, municipal, school	34613
district, or other public board, body, agency, institution, or	34614
official and by any private educational or other institution	34615
receiving public funds as competent evidence with respect to any	34616
matter within the scope of the practice of optometry. No such	34617
board, body, agency, official, or institution shall interfere with	34618
any individual's right to a free choice of receiving services from	34619
either an optometrist or a physician. No such board, body, agency,	34620
official, or institution shall discriminate against an optometrist	34621
performing procedures that are included in the practice of	34622
optometry as provided in division (A)(2) or (3) of section 4725.01	34623
of the Revised Code if the optometrist is licensed under this	34624
chapter to perform those procedures.	34625

Sec. 4725.28. (A) As used in this section, "supplier" means	34626
any person who prepares or sells optical accessories or other	34627
vision correcting items, devices, or procedures.	34628

(B) A licensed optometrist, on completion of a vision	34629
examination and diagnosis, shall give each patient for whom the	34630
optometrist prescribes any vision correcting item, device, or	34631
procedure, one copy of the prescription, without additional charge	34632
to the patient. The prescription shall include the following:	34633

(1) The date of its issuance;

34634

(2) Sufficient information to enable the patient to obtain	34635
from the supplier of the patient's choice, the optical accessory	34636
or other vision correcting item, device, or procedure that has	34637
been prescribed.	34638

(C) Any supplier who fills a prescription for contact lenses	34639
furnished by an optometrist shall furnish the patient with written	34640
recommendations to return to the prescribing optometrist for	34641
evaluation of the contact lens fitting.	34642

(D) Any supplier, including an optometrist who is a supplier,	34643
may advertise to inform the general public of the price that the	34644
supplier charges for any vision correcting item, device, or	34645
procedure. Any such advertisement shall specify the following:	34646

(1) Whether the advertised item includes an eye examination;

34647

(2) In the case of lenses, whether the price applies to	34648
single-vision or multifocal lenses;	34649

(3) In the case of contact lenses, whether the price applies	34650
to rigid or soft lenses and whether there is an additional charge	34651
related to the fitting and determination of the type of contact	34652
lenses to be worn that is not included in the price of the eye	34653
examination.	34654

(E) The state vision board ~~of optometry~~ shall not adopt any	34655
rule that restricts the right to advertise as permitted by	34656
division (D) of this section.	34657

(F) Any municipal corporation code, ordinance, or regulation	34658
or any township resolution that conflicts with a supplier's right	34659
to advertise as permitted by division (D) of this section is	34660
superseded by division (D) of this section and is invalid. A	34661
municipal corporation code, ordinance, or regulation or a township	34662
resolution conflicts with division (D) of this section if it	34663
restricts a supplier's right to advertise as permitted by division	34664
(D) of this section.	34665

Sec. 4725.29. (A) As used in this section:

34666

(1) "Regional advertisement" means an advertisement published	34667
in more than one metropolitan statistical area in this state or	34668
broadcast by radio or television stations in more than one	34669
metropolitan statistical area in this state.	34670

(2) "National advertisement" means an advertisement published	34671
in one or more periodicals or broadcast by one or more radio or	34672
television stations in this state and also published in one or	34673
more periodicals or broadcast by one or more radio or television	34674
stations in another state.	34675

(B) The state vision board ~~of optometry~~ shall not require any	34676
person who sells optical accessories at more than one location to	34677
list in any regional or national advertisement the name of the	34678
licensed optometrist practicing at a particular location, provided	34679
that in addition to the requirement in division (B) of section	34680
4725.13 of the Revised Code, the name of the optometrist is	34681
prominently displayed at the location.	34682

Sec. 4725.31. An optometrist licensed by the state vision	34683
board ~~of optometry~~ shall promptly report to the board any instance	34684
of a clinically significant drug-induced side effect in a patient	34685
due to the optometrist's administering, employing, applying, or	34686
prescribing a topical ocular or therapeutic pharmaceutical agent	34687
to or for the patient. The board, by rule adopted in accordance	34688
with Chapter 119. of the Revised Code, shall establish reporting	34689
procedures and specify the types of side effects to be reported.	34690
The information provided to the board shall not include the name	34691
of or any identifying information about the patient.	34692

Sec. 4725.33. (A) An individual whom the state vision board	34693
~~of optometry~~ licenses to engage in the practice of optometry may	34694
render the professional services of an optometrist within this	34695
state through a corporation formed under division (B) of section	34696
1701.03 of the Revised Code, a limited liability company formed	34697
under Chapter 1705. of the Revised Code, a partnership, or a	34698
professional association formed under Chapter 1785. of the Revised	34699
Code. This division does not preclude an optometrist from	34700
rendering professional services as an optometrist through another	34701
form of business entity, including, but not limited to, a	34702
nonprofit corporation or foundation, or in another manner that is	34703
authorized by or in accordance with this chapter, another chapter	34704
of the Revised Code, or rules of the state vision board of	34705
~~optometry~~ adopted pursuant to this chapter.	34706

(B) A corporation, limited liability company, partnership, or	34707
professional association described in division (A) of this section	34708
may be formed for the purpose of providing a combination of the	34709
professional services of the following individuals who are	34710
licensed, certificated, or otherwise legally authorized to	34711
practice their respective professions:	34712

(1) Optometrists who are authorized to practice optometry	34713
under Chapter 4725. of the Revised Code;	34714

(2) Chiropractors who are authorized to practice chiropractic	34715
under Chapter 4734. of the Revised Code;	34716

(3) Psychologists who are authorized to practice psychology	34717
under Chapter 4732. of the Revised Code;	34718

(4) Registered or licensed practical nurses who are	34719
authorized to practice nursing as registered nurses or as licensed	34720
practical nurses under Chapter 4723. of the Revised Code;	34721

(5) Pharmacists who are authorized to practice pharmacy under	34722
Chapter 4729. of the Revised Code;	34723

(6) Physical therapists who are authorized to practice	34724
physical therapy under sections 4755.40 to 4755.56 of the Revised	34725
Code;	34726

(7) Mechanotherapists who are authorized to practice	34727
mechanotherapy under section 4731.151 of the Revised Code;	34728

(8) Doctors of medicine and surgery, osteopathic medicine and	34729
surgery, or podiatric medicine and surgery who are authorized for	34730
their respective practices under Chapter 4731. of the Revised	34731
Code.	34732

This division shall apply notwithstanding a provision of a	34733
code of ethics applicable to an optometrist that prohibits an	34734
optometrist from engaging in the practice of optometry in	34735
combination with a person who is licensed, certificated, or	34736
otherwise legally authorized to practice chiropractic, psychology,	34737
nursing, pharmacy, physical therapy, mechanotherapy, medicine and	34738
surgery, osteopathic medicine and surgery, or podiatric medicine	34739
and surgery, but who is not also licensed, certificated, or	34740
otherwise legally authorized to engage in the practice of	34741
optometry.	34742

Sec. 4725.34. (A) The state vision board ~~of optometry~~ shall	34743
charge the following nonrefundable fees:	34744

(1) One hundred ten dollars for application for a certificate	34745
of licensure;	34746

(2) Twenty-five dollars for application for a therapeutic	34747
pharmaceutical agents certificate, except when the certificate is	34748
to be issued pursuant to division (A)(3) of section 4725.13 of the	34749
Revised Code, in which case the fee shall be thirty-five dollars;	34750

(3) One hundred ten dollars for renewal of a certificate of	34751
licensure;	34752

(4) Twenty-five dollars for renewal of a topical ocular	34753
pharmaceutical agents certificate;	34754

(5) Twenty-five dollars for renewal of a therapeutic	34755
pharmaceutical agents certificate;	34756

(6) Seventy-five dollars for late completion of continuing	34757
optometric education;	34758

(7) Seventy-five dollars for late renewal of one or more	34759
certificates that have expired;	34760

(8) Seventy-five dollars for reinstatement of one or more	34761
certificates classified as delinquent under section 4725.16 of the	34762
Revised Code, multiplied by the number of years the one or more	34763
certificates have been classified as delinquent;	34764

(9) Seventy-five dollars for reinstatement of one or more	34765
certificates placed on inactive status under section 4725.17 of	34766
the Revised Code;	34767

(10) Seventy-five dollars for reinstatement under section	34768
4725.171 of the Revised Code of one or more expired certificates;	34769

(11) Additional fees to cover administrative costs incurred	34770
by the board, including fees for replacing licenses issued by the	34771
board and providing rosters of currently licensed optometrists.	34772
Such fees shall be established at a regular meeting of the board	34773
and shall comply with any applicable guidelines or policies set by	34774
the department of administrative services or the office of budget	34775
and management.	34776

(B) The board, subject to the approval of the controlling	34777
board, may establish fees in excess of the amounts specified in	34778
division (A) of this section if the fees do not exceed the amounts	34779
specified by more than fifty per cent.	34780

(C) All receipts of the board, from any source, shall be	34781
deposited in the state treasury to the credit of the occupational	34782
licensing and regulatory fund.	34783

Sec. 4725.99. (A) Whoever violates section 4725.02 of the	34784
Revised Code shall be fined not more than five hundred dollars for	34785
a first offense; for each subsequent offense such person shall be	34786
fined not less than five hundred nor more than one thousand	34787
dollars, or imprisoned not less than six months nor more than one	34788
year.	34789

(B) ~~Whoever violates section 4725.41 of the Revised Code is~~	34790
~~guilty of a misdemeanor of the second degree for a first offense,~~	34791
~~and a misdemeanor of the first degree for each subsequent offense.~~	34792

~~(C) Whoever violates section 4725.55 or 4725.56 of the~~	34793
~~Revised Code is guilty of a misdemeanor of the second degree.~~	34794

~~(D)~~ Whoever violates division (A) of section 4725.21 of the	34795
Revised Code is guilty of a minor misdemeanor for a first offense;	34796
for each subsequent offense, such person is guilty of a	34797
misdemeanor of the second degree. Any violation constitutes a	34798
separate offense on each successive day continued.	34799

~~(E)~~(C) Whoever violates section 4725.32 of the Revised Code	34800
is guilty of a misdemeanor of the third degree.	34801

~~(F)~~(D) Whoever violates section 4725.22 of the Revised Code	34802
is guilty of a minor misdemeanor for a first offense; for each	34803
subsequent offense, such person shall be fined up to one thousand	34804
dollars.	34805

Sec. 4731.65. As used in sections 4731.65 to 4731.71 of the	34806
Revised Code:	34807

(A)(1) "Clinical laboratory services" means either of the	34808
following:	34809

(a) Any examination of materials derived from the human body	34810
for the purpose of providing information for the diagnosis,	34811
prevention, or treatment of any disease or impairment or for the	34812
assessment of health;	34813

(b) Procedures to determine, measure, or otherwise describe	34814
the presence or absence of various substances or organisms in the	34815
body.	34816

(2) "Clinical laboratory services" does not include the mere	34817
collection or preparation of specimens.	34818

(B) "Designated health services" means any of the following:

34819

(1) Clinical laboratory services;

34820

(2) Home health care services;

34821

(3) Outpatient prescription drugs.

34822

(C) "Fair market value" means the value in arms-length	34823
transactions, consistent with general market value and:	34824

(1) With respect to rentals or leases, the value of rental	34825
property for general commercial purposes, not taking into account	34826
its intended use;	34827

(2) With respect to a lease of space, not adjusted to reflect	34828
the additional value the prospective lessee or lessor would	34829
attribute to the proximity or convenience to the lessor if the	34830
lessor is a potential source of referrals to the lessee.	34831

(D) "Governmental health care program" means any program	34832
providing health care benefits that is administered by the federal	34833
government, this state, or a political subdivision of this state,	34834
including the medicare program established under Title XVIII of	34835
the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301,	34836
as amended, health care coverage for public employees, health care	34837
benefits administered by the bureau of workers' compensation, the	34838
medical assistance program established under Chapter 5111. of the	34839
Revised Code, and the disability ~~assistance~~ medical assistance	34840
program established under Chapter 5115. of the Revised Code.	34841

(E)(1) "Group practice" means a group of two or more holders	34842
of certificates under this chapter legally organized as a	34843
partnership, professional corporation or association, limited	34844
liability company, foundation, nonprofit corporation, faculty	34845
practice plan, or similar group practice entity, including an	34846
organization comprised of a nonprofit medical clinic that	34847
contracts with a professional corporation or association of	34848
physicians to provide medical services exclusively to patients of	34849
the clinic in order to comply with section 1701.03 of the Revised	34850
Code and including a corporation, limited liability company,	34851
partnership, or professional association described in division (B)	34852
of section 4731.226 of the Revised Code formed for the purpose of	34853
providing a combination of the professional services of	34854
optometrists who are licensed, certificated, or otherwise legally	34855
authorized to practice optometry under Chapter 4725. of the	34856
Revised Code, chiropractors who are licensed, certificated, or	34857
otherwise legally authorized to practice chiropractic under	34858
Chapter 4734. of the Revised Code, psychologists who are licensed,	34859
certificated, or otherwise legally authorized to practice	34860
psychology under Chapter 4732. of the Revised Code, registered or	34861
licensed practical nurses who are licensed, certificated, or	34862
otherwise legally authorized to practice nursing under Chapter	34863
4723. of the Revised Code, pharmacists who are licensed,	34864
certificated, or otherwise legally authorized to practice pharmacy	34865
under Chapter 4729. of the Revised Code, physical therapists who	34866
are licensed, certificated, or otherwise legally authorized to	34867
practice physical therapy under sections 4755.40 to 4755.53 of the	34868
Revised Code, mechanotherapists who are licensed, certificated, or	34869
otherwise legally authorized to practice mechanotherapy under	34870
section 4731.151 of the Revised Code, and doctors of medicine and	34871
surgery, osteopathic medicine and surgery, or podiatric medicine	34872
and surgery who are licensed, certificated, or otherwise legally	34873
authorized for their respective practices under this chapter, to	34874
which all of the following apply:	34875

(a) Each physician who is a member of the group practice	34876
provides substantially the full range of services that the	34877
physician routinely provides, including medical care,	34878
consultation, diagnosis, or treatment, through the joint use of	34879
shared office space, facilities, equipment, and personnel.	34880

(b) Substantially all of the services of the members of the	34881
group are provided through the group and are billed in the name of	34882
the group and amounts so received are treated as receipts of the	34883
group.	34884

(c) The overhead expenses of and the income from the practice	34885
are distributed in accordance with methods previously determined	34886
by members of the group.	34887

(d) The group practice meets any other requirements that the	34888
state medical board applies in rules adopted under section 4731.70	34889
of the Revised Code.	34890

(2) In the case of a faculty practice plan associated with a	34891
hospital with a medical residency training program in which	34892
physician members may provide a variety of specialty services and	34893
provide professional services both within and outside the group,	34894
as well as perform other tasks such as research, the criteria in	34895
division (E)(1) of this section apply only with respect to	34896
services rendered within the faculty practice plan.	34897

(F) "Home health care services" and "immediate family" have	34898
the same meanings as in the rules adopted under section 4731.70 of	34899
the Revised Code.	34900

(G) "Hospital" has the same meaning as in section 3727.01 of	34901
the Revised Code.	34902

(H) A "referral" includes both of the following:

34903

(1) A request by a holder of a certificate under this chapter	34904
for an item or service, including a request for a consultation	34905
with another physician and any test or procedure ordered by or to	34906
be performed by or under the supervision of the other physician;	34907

(2) A request for or establishment of a plan of care by a	34908
certificate holder that includes the provision of designated	34909
health services.	34910

(I) "Third-party payer" has the same meaning as in section	34911
3901.38 of the Revised Code.	34912

Sec. 4731.71. The auditor of state may implement procedures	34913
to detect violations of section 4731.66 or 4731.69 of the Revised	34914
Code within governmental health care programs administered by the	34915
state. The auditor of state shall report any violation of either	34916
section to the state medical board and shall certify to the	34917
attorney general in accordance with section 131.02 of the Revised	34918
Code the amount of any refund owed to a state-administered	34919
governmental health care program under section 4731.69 of the	34920
Revised Code as a result of a violation. If a refund is owed to	34921
the medical assistance program established under Chapter 5111. of	34922
the Revised Code or the disability ~~assistance~~ medical assistance	34923
program established under Chapter 5115. of the Revised Code, the	34924
auditor of state also shall report the amount to the department of	34925
commerce.	34926

The state medical board also may implement procedures to	34927
detect violations of section 4731.66 or 4731.69 of the Revised	34928
Code.	34929

Sec. 4734.15. (A) The license provided for in this chapter	34930
shall entitle the holder thereof to practice chiropractic in this	34931
state. All of the following apply to the practice of chiropractic	34932
in this state:	34933

(1) A chiropractor is authorized to examine, diagnose, and	34934
assume responsibility for the care of patients, any or all of	34935
which is included in the practice of chiropractic.	34936

(2) The practice of chiropractic does not permit the	34937
chiropractor to treat infectious, contagious, or venereal disease,	34938
to perform surgery or acupuncture, or to prescribe or administer	34939
drugs for treatment.	34940

(3) A chiropractor may use roentgen rays only for diagnostic	34941
purposes.	34942

(4) The practice of chiropractic does not include the	34943
performance of abortions.	34944

(B) An individual holding a valid, current license to	34945
practice chiropractic is entitled to use the title "doctor,"	34946
"doctor of chiropractic," "chiropractic physician," or	34947
"chiropractic" and is a "physician" for the purposes of Chapter	34948
4123. of the Revised Code ~~and the medicaid program operated~~	34949
~~pursuant to Chapter 5111. of the Revised Code~~.	34950

Sec. 4734.99. (A) Whoever violates section 4734.14 of the	34951
Revised Code is guilty of a felony of the fifth degree on a first	34952
offense, unless the offender previously has been convicted of or	34953
has pleaded guilty to a violation of section 2911.01, 2911.02,	34954
2911.11, 2911.12, 2911.13, 2913.02, 2913.40, 2913.47, 2913.48,	34955
2913.51, 2921.13, 4715.09, 4723.03, 4725.02, ~~4725.41,~~ 4729.27,	34956
4729.28, 4729.36, 4729.51, 4729.61, 4730.02, 4731.41, 4731.43,	34957
4731.46, 4731.47, 4731.60, 4732.21, 4741.18, 4741.19, 4755.48,	34958
4757.02, 4759.02, 4761.10, or 4773.02 of the Revised Code or an	34959
offense under an existing or former law of this state, another	34960
state, or the United States that is or was substantially	34961
equivalent to a violation of any of those sections, in which case	34962
the offender is guilty of a felony of the fourth degree. For each	34963
subsequent offense, the offender is guilty of a felony of the	34964
fourth degree.	34965

(B) Whoever violates section 4734.161 of the Revised Code is	34966
guilty of a misdemeanor of the first degree.	34967

(C) Whoever violates division (A), (B), (C), or (D) of	34968
section 4734.32 of the Revised Code is guilty of a minor	34969
misdemeanor on a first offense; on each subsequent offense, the	34970
person is guilty of a misdemeanor of the fourth degree, except	34971
that an individual guilty of a subsequent offense shall not be	34972
subject to imprisonment, but to a fine alone of up to one thousand	34973
dollars for each offense.	34974

Sec. 4736.12. (A) The state board of sanitarian registration	34975
shall charge the following fees:	34976

(1) To apply as a sanitarian-in-training, ~~fifty-seven~~	34977
seventy-five dollars;	34978

(2) For sanitarians-in-training to apply for registration as	34979
sanitarians, ~~fifty-seven~~seventy-five dollars. The applicant shall	34980
pay this fee only once regardless of the number of times the	34981
applicant takes an examination required under section 4736.08 of	34982
the Revised Code.	34983

(3) For persons other than sanitarians-in-training to apply	34984
for registration as sanitarians, including persons meeting the	34985
requirements of section 4736.16 of the Revised Code, one hundred	34986
~~fourteen~~fifty dollars. The applicant shall pay this fee only once	34987
regardless of the number of times the applicant takes an	34988
examination required under section 4736.08 of the Revised Code.	34989

(4) The renewal fee for registered sanitarians shall be ~~fixed~~	34990
~~by the board and shall not exceed sixty-one~~sixty-nine dollars.	34991

(5) The renewal fee for sanitarians-in-training shall be	34992
~~fixed by the board and shall not exceed sixty-one~~sixty-nine	34993
dollars.	34994

(6) For late application for renewal, twenty-five dollars.

34995

The board of sanitarian registration, with the approval of	34996
the controlling board, may establish fees in excess of the amounts	34997
provided in this section, provided that such fees do not exceed	34998
the amounts permitted by this section by more than fifty per cent.	34999

(B) The board of sanitarian registration shall charge	35000
separate fees for examinations as required by section 4736.08 of	35001
the Revised Code, provided that the fees are not in excess of the	35002
actual cost to the board of conducting the examinations.	35003

(C) The board of sanitarian registration may adopt rules	35004
establishing fees for all of the following:	35005

(1) Application for the registration of a training agency	35006
approved under rules adopted by the board pursuant to section	35007
4736.11 of the Revised Code and for the annual registration	35008
renewal of an approved training agency.	35009

(2) Application for the review of continuing education hours	35010
submitted for the board's approval by approved training agencies	35011
or by registered sanitarians or sanitarians-in-training.	35012

Sec. 4741.17. (A) Applicants or registrants shall pay to the	35013
state veterinary medical licensing board:	35014

(1) For an initial veterinary license based on examination,	35015
on or after the first day of March in an even-numbered year, three	35016
hundred seventy-five dollars, and on or after the first day of	35017
March in an odd-numbered year, two hundred fifty dollars;	35018

(2) For a veterinary license by reciprocity issued on or	35019
after the first day of March in an even-numbered year, four	35020
hundred twenty-five dollars, and on or after the first day of	35021
March in an odd-numbered year, three hundred dollars;	35022

(3) For a veterinary temporary permit, one hundred dollars;

35023

(4) For a duplicate license, thirty-five dollars;

35024

(5) For the veterinary biennial renewal fee, where the	35025
application is postmarked no later than the first day of March,	35026
one hundred fifty-five dollars; where the application is	35027
postmarked after the first day of March, but no later than the	35028
first day of April, two hundred twenty-five dollars; and where the	35029
application is postmarked after the first day of April, four	35030
hundred fifty dollars;	35031

(6) For an initial registered veterinary technician	35032
registration fee on or after the first day of March in an	35033
odd-numbered year, thirty-five dollars, and on or after the first	35034
day of March in an even-numbered year, twenty-five dollars;	35035

(7) For the biennial renewal registration fee of a registered	35036
veterinary technician, where the application is postmarked no	35037
later than the first day of March, ~~thirty-five~~forty-five dollars;	35038
where the application is postmarked after the first day of March,	35039
but no later than the first day of April, ~~forty-five~~fifty-five	35040
dollars; and where the application is postmarked after the first	35041
day of April, ~~sixty~~sixty-five dollars;	35042

(8) For a specialist certificate, fifty dollars. The	35043
certificate is not subject to renewal.	35044

(9) For the reinstatement of a suspended license,	35045
seventy-five dollars;	35046

(10) For examinations offered by the board, a fee, which	35047
shall be established by the board, in an amount adequate to cover	35048
the expense of procuring, administering, and scoring examinations.	35049

(B) The board, subject to the approval of the controlling	35050
board, may establish fees in excess of the amounts provided in	35051
this section, provided that the fees do not exceed the amounts	35052
permitted by this section by more than fifty per cent.	35053

(C) For the purposes of divisions (A)(5) and (7) of this	35054
section, a date stamp of the office of the board may serve in lieu	35055
of a postmark.	35056

Sec. 4743.05. Except as otherwise provided in sections	35057
4701.20 and 4729.65 of the Revised Code, all money collected under	35058
Chapters 3773., 4701., 4703., 4709., 4713., 4715., 4717., 4723.,	35059
4725., 4729., 4732., 4733., 4734., 4736., 4741., 4753., 4755.,	35060
4757., 4758., 4759., ~~and~~ 4761., 4771., and 4779. of the Revised	35061
Code~~, and until December 31, 2004, money collected under Chapter~~	35062
~~4779. of the Revised Code,~~ shall be paid into the state treasury	35063
to the credit of the occupational licensing and regulatory fund,	35064
which is hereby created for use in administering such chapters.	35065

At the end of each quarter, the director of budget and	35066
management shall transfer from the occupational licensing and	35067
regulatory fund to the nurse education assistance fund created in	35068
section 3333.28 of the Revised Code the amount certified to the	35069
director under division (B) of section 4723.08 of the Revised	35070
Code.	35071

At the end of each quarter, the director shall transfer from	35072
the occupational licensing and regulatory fund to the certified	35073
public accountant education assistance fund created in section	35074
4701.26 of the Revised Code the amount certified to the director	35075
under division (H)(2) of section 4701.10 of the Revised Code.	35076

Sec. 4747.05. (A) The hearing aid dealers and fitters	35077
licensing board shall issue to each applicant, within sixty days	35078
of receipt of a properly completed application and payment of two	35079
hundred ~~fifty~~sixty-two dollars, a hearing aid dealer's or	35080
fitter's license if the applicant, if an individual:	35081

(1) Is at least eighteen years of age;

35082

(2) Is a person of good moral character;

35083

(3) Is free of contagious or infectious disease;

35084

(4) Has successfully passed a qualifying examination	35085
specified and administered by the board.	35086

(B) If the applicant is a firm, partnership, association, or	35087
corporation, the application, in addition to such information as	35088
the board requires, shall be accompanied by an application for a	35089
license for each person, whether owner or employee, of the firm,	35090
partnership, association, or corporation, who engages in dealing	35091
in or fitting of hearing aids, or shall contain a statement that	35092
such applications are submitted separately. No firm, partnership,	35093
association, or corporation licensed pursuant to this chapter	35094
shall permit any unlicensed person to sell or fit hearing aids.	35095

(C) Each license issued expires on the thirtieth day of	35096
January of the year following that in which it was issued.	35097

Sec. 4747.06. (A) Each person engaged in the practice of	35098
dealing in or fitting of hearing aids who holds a valid hearing	35099
aid dealer's or fitter's license shall apply annually to the	35100
hearing aid dealers and fitters licensing board for renewal of	35101
such license under the standard renewal procedure specified in	35102
Chapter 4745. of the Revised Code. The board shall issue to each	35103
applicant, on proof of completion of the continuing education	35104
required by division (B) of this section and payment of one	35105
hundred ~~fifty~~fifty-seven dollars on or before the first day of	35106
February, one hundred ~~seventy-five~~eighty-three dollars on or	35107
before the first day of March, or two hundred ten dollars	35108
thereafter, a renewed hearing aid dealer's or fitter's license. No	35109
person who applies for renewal of a hearing aid dealer's or	35110
fitter's license that has expired shall be required to take any	35111
examination as a condition of renewal provided application for	35112
renewal is made within two years of the date such license expired.	35113

(B) Each person engaged in the practice of dealing in or	35114
fitting of hearing aids who holds a valid hearing aid dealer's or	35115
fitter's license shall complete each year not less than ten hours	35116
of continuing professional education approved by the board. On a	35117
form provided by the board, the person shall certify to the board,	35118
at the time of license renewal pursuant to division (A) of this	35119
section, that in the preceding year the person has completed	35120
continuing education in compliance with this division and shall	35121
submit any additional information required by rule of the board	35122
regarding the continuing education. The board shall adopt rules in	35123
accordance with Chapter 119. of the Revised Code establishing the	35124
standards continuing education programs must meet to obtain board	35125
approval and continuing education reporting requirements.	35126

Continuing education may be applied to meet the requirement	35127
of this division if it is provided or certified by any of the	35128
following:	35129

(1) The national institute of hearing instruments studies	35130
committee of the international hearing society;	35131

(2) The American speech-language hearing association;

35132

(3) The American academy of audiology.

35133

The board may excuse persons licensed under this chapter, as	35134
a group or as individuals, from all or any part of the	35135
requirements of this division because of an unusual circumstance,	35136
emergency, or special hardship.	35137

Sec. 4747.07. Each person who holds a hearing aid dealer's	35138
or fitter's license and engages in the practice of dealing in and	35139
fitting of hearing aids shall display such license in a	35140
conspicuous place in the person's office or place of business at	35141
all times. Each person who maintains more than one office or place	35142
of business shall post a duplicate copy of the license at each	35143
location. The hearing aid dealers and fitters licensing board	35144
shall issue duplicate copies of a license upon receipt of a	35145
properly completed application and payment of ~~fifteen~~sixteen	35146
dollars for each copy requested.	35147

Sec. 4747.10. Each person currently engaged in training to	35148
become a licensed hearing aid dealer or fitter shall apply to the	35149
hearing aid dealers and fitters licensing board for a hearing aid	35150
dealer's and fitter's trainee permit. The board shall issue to	35151
each applicant within thirty days of receipt of a properly	35152
completed application and payment of one hundred fifty dollars, a	35153
trainee permit if such applicant is:	35154

(A) At least eighteen years of age;

35155

(B) The holder of a diploma from an accredited high school,	35156
or possesses an equivalent education;	35157

35158

(D) Free of contagious or infectious disease.

35159

Each trainee permit issued by the board expires one year from	35160
the date it was first issued, and may be renewed once if the	35161
trainee has not successfully completed the qualifying requirements	35162
for licensing as a hearing aid dealer or fitter before the	35163
expiration date of such permit. The board shall issue a renewed	35164
permit to each applicant upon receipt of a properly completed	35165
application and payment of one hundred five dollars. No person	35166
holding a trainee permit shall engage in the practice of dealing	35167
in or fitting of hearing aids except while under supervision by a	35168
licensed hearing aid dealer or fitter.	35169

Sec. 4751.06. (A) An applicant for licensure as a nursing	35170
home administrator who has successfully completed the requirements	35171
of section 4751.05 of the Revised Code, passed the examination	35172
administered by the board of examiners of nursing home	35173
administrators or a government or private entity under contract	35174
with the board, and paid to the board an original license fee of	35175
two hundred ~~ten~~fifty dollars shall be issued a license on a form	35176
provided by the board. Such license shall certify that the	35177
applicant has met the licensure requirements of Chapter 4751. of	35178
the Revised Code and is entitled to practice as a licensed nursing	35179
home administrator.	35180

(B) A temporary license for a period not to exceed one	35181
hundred eighty days may be issued to an individual temporarily	35182
filling the position of a nursing home administrator vacated by	35183
reason of death, illness, or other unexpected cause, pursuant to	35184
regulations adopted by the board.	35185

(C) The fee for a temporary license is one hundred dollars.	35186
Said fee must accompany the application for the temporary license.	35187

(D) Any license or temporary license issued by the board	35188
pursuant to this section shall be under the hand of the	35189
chairperson and the secretary of the board.	35190

(E) A duplicate of the original certificate of registration	35191
or license may be secured to replace one that has been lost or	35192
destroyed by submitting to the board a notarized statement	35193
explaining the conditions of the loss, mutilation, or destruction	35194
of the certificate or license and by paying a fee of twenty-five	35195
dollars.	35196

(F) A duplicate certificate of registration and license may	35197
be issued in the event of a legal change of name by submitting to	35198
the board a certified copy of the court order or marriage license	35199
establishing the change of name, by returning at the same time the	35200
original license and certificate of registration, and by paying a	35201
fee of twenty-five dollars.	35202

Sec. 4751.07. (A) Every individual who holds a valid license	35203
as a nursing home administrator issued under division (A) of	35204
section 4751.06 of the Revised Code, shall immediately upon	35205
issuance thereof be registered with the board of examiners of	35206
nursing home administrators and be issued a certificate of	35207
registration. Such individual shall annually apply to the board	35208
for a new certificate of registration on forms provided for such	35209
purpose prior to the expiration of the certificate of registration	35210
and shall at the same time submit satisfactory evidence to the	35211
board of having attended such continuing education programs or	35212
courses of study as may be prescribed in rules adopted by the	35213
board.	35214

(B) Upon making an application for a new certificate of	35215
registration such individual shall pay the annual registration fee	35216
of two hundred ~~ten~~seventy-five dollars.	35217

(C) Upon receipt of such application for registration and the	35218
registration fee required by divisions (A) and (B) of this	35219
section, the board shall issue a certificate of registration to	35220
such nursing home administrator.	35221

(D) The license of a nursing home administrator who fails to	35222
comply with this section shall automatically lapse.	35223

(E) A nursing home administrator who has been licensed and	35224
registered in this state who determines to temporarily abandon the	35225
practice of nursing home administration shall notify the board in	35226
writing immediately; provided, that such individual may thereafter	35227
register to resume the practice of nursing home administration	35228
within the state upon complying with the requirements of this	35229
section regarding annual registration.	35230

(F) Only an individual who has qualified as a licensed and	35231
registered nursing home administrator under Chapter 4751. of the	35232
Revised Code and the rules adopted thereunder, and who holds a	35233
valid current registration certificate pursuant to this section,	35234
may use the title "nursing home administrator," or the	35235
abbreviation "N.H.A." after the individual's name. No other person	35236
shall use such title or such abbreviation or any other words,	35237
letters, sign, card, or device tending to indicate or to imply	35238
that the person is a licensed and registered nursing home	35239
administrator.	35240

(G) Every person holding a valid license entitling the person	35241
to practice nursing home administration in this state shall	35242
display said license in the nursing home which is the person's	35243
principal place of employment, and while engaged in the practice	35244
of nursing home administration shall have at hand the current	35245
registration certificate.	35246

(H) Every person holding a valid temporary license shall have	35247
such license at hand while engaged in the practice of nursing home	35248
administration.	35249

Sec. 4759.08. (A) The Ohio board of dietetics shall charge	35250
and collect fees as described in this section for issuing the	35251
following:	35252

(1) An application for an initial dietitian license, or an	35253
application for ~~reinstatement~~reactivation of an inactive license,	35254
one hundred ~~ten~~twenty-five dollars, and for reinstatement of a	35255
lapsed, revoked, or suspended license, one hundred ~~sixty-five~~	35256
eighty-two dollars and fifty cents;	35257

(2) License renewal, ~~eighty~~ninety-five dollars;

35258

(3) A limited permit, and renewal of the permit, ~~fifty-five~~	35259
sixty-two dollars and fifty cents;	35260

(4) A duplicate license or permit, twenty dollars;

35261

(5) For processing a late application for renewal of any	35262
license or permit, an additional fee equal to fifty per cent of	35263
the fee for the renewal.	35264

(B) The board shall not require a licensed dietitian holding	35265
an inactive license to pay the renewal fee.	35266

(C) Subject to the approval of the controlling board, the	35267
Ohio board of dietetics may establish fees in excess of the	35268
amounts provided in division (A) of this section, provided that	35269
the fees do not exceed the amounts by greater than fifty per cent.	35270

(D) The board may adopt rules pursuant to Chapter 119. of the	35271
Revised Code to waive all or part of the fee for an initial	35272
license if the license is issued within one hundred days of the	35273
date of expiration of the license.	35274

(E) All receipts of the board shall be deposited in the state	35275
treasury to the credit of the occupational licensing and	35276
regulatory fund. All vouchers of the board shall be approved by	35277
the chairperson or secretary of the board, or both, as authorized	35278
by the board.	35279

Sec. 4771.22. The Ohio athletic commission shall deposit all	35280
money it receives under this chapter to the credit of the ~~athlete~~	35281
~~agents registration~~occupational licensing and regulatory fund,	35282
~~which is hereby~~ created ~~in the state treasury. The commission~~	35283
~~shall use the fund to administer and enforce this chapter~~under	35284
section 4743.05 of the Revised Code.	35285

Sec. 4779.08. (A) The state medical board ~~of orthotics,~~	35286
~~prosthetics, and pedorthics~~ shall adopt rules in accordance with	35287
Chapter 119. of the Revised Code to carry out the purposes of this	35288
chapter, including rules prescribing all of the following:	35289

(1) The form and manner of filing of applications to be	35290
admitted to examinations and for licensure and license renewal;	35291

(2) Standards and procedures for formulating, evaluating,	35292
approving, and administering licensing examinations or recognizing	35293
other entities that conduct examinations;	35294

(3) The form, scoring, and scheduling of licensing	35295
examinations;	35296

(4) Fees for examinations and applications for licensure and	35297
license renewal;	35298

(5) Fees for approval of continuing education courses;

35299

(6) Procedures for issuance, renewal, suspension, and	35300
revocation of licenses and the conduct of disciplinary hearings;	35301

(7) Standards of ethical and professional conduct in the	35302
practice of orthotics, prosthetics, and pedorthics;	35303

(8) Standards for approving national certification	35304
organizations in orthotics, prosthetics, and pedorthics;	35305

(9) Fines for violations of this chapter;

35306

(10) Standards for the recognition and approval of	35307
educational programs required for licensure, including standards	35308
for approving foreign educational credentials;	35309

(11) Standards for continuing education programs required for	35310
license renewal;	35311

(12) Provisions for making available the information	35312
described in section 4779.22 of the Revised Code.	35313

(B) The board may adopt any other rules necessary for the	35314
administration of this chapter.	35315

(C) The fees prescribed by this section shall be paid to the	35316
treasurer of state, who shall from the effective date of this	35317
section until December 31, 2004, deposit the fees in the	35318
occupational licensing and regulatory fund established in section	35319
4743.05 of the Revised Code.	35320

Sec. 4779.09. An applicant for a license to practice	35321
orthotics, prosthetics, orthotics and prosthetics, or pedorthics	35322
shall apply to the state medical board ~~of orthotics, prosthetics,~~	35323
~~and pedorthics~~ in accordance with rules adopted under section	35324
4779.08 of the Revised Code and pay the application fee specified	35325
in the rules. The board shall issue a license to an applicant who	35326
is eighteen years of age or older, of good moral character, and	35327
meets either the requirements of divisions (A) and (B) of this	35328
section or the requirements of section 4779.16 or 4779.17 of the	35329
Revised Code.	35330

(A) The applicant must pass an examination conducted pursuant	35331
to section 4779.15 of the Revised Code;	35332

(B) The applicant must meet the requirements of one of the	35333
following:	35334

(1) In the case of an applicant for a license to practice	35335
orthotics, the requirements of section 4779.10 of the Revised	35336
Code;	35337

(2) In the case of an applicant for a license to practice	35338
prosthetics, the requirements of section 4779.11 of the Revised	35339
Code;	35340

(3) In the case of an applicant for a license to practice	35341
orthotics and prosthetics, the requirements of section 4779.12 of	35342
the Revised Code;	35343

(4) In the case of an applicant for a license to practice	35344
pedorthics, the requirements of section 4779.13 of the Revised	35345
Code.	35346

Sec. 4779.10. To be eligible for a license to practice	35347
orthotics, an applicant must meet the requirements of division (A)	35348
of this section, or, if the application is made on or before	35349
January 1, 2008, the requirements of either division (A) or (B) of	35350
this section:	35351

(A) The requirements of this division are met if the	35352
applicant is in compliance with divisions (A)(1), (2), and (3) of	35353
this section.	35354

(1) On the date of application, the applicant has practiced	35355
orthotics for not less than eight months under the supervision of	35356
an individual licensed under this chapter to practice orthotics;	35357

(2) The applicant has completed an orthotics residency	35358
program approved by the board under section 4779.27 of the Revised	35359
Code;	35360

(3) One of the following is the case:

35361

(a) The applicant holds a bachelor's degree in orthotics and	35362
prosthetics from an accredited college or university whose	35363
orthotics and prosthetics program is recognized by the state	35364
medical board ~~of orthotics, prosthetics, and pedorthics~~ under	35365
section 4779.25 of the Revised Code or an equivalent educational	35366
credential from a foreign educational institution recognized by	35367
the board;	35368

(b) The applicant holds a bachelor's degree in a subject	35369
other than orthotics and prosthetics or an equivalent educational	35370
credential from a foreign educational institution recognized by	35371
the board and has completed a certificate program in orthotics	35372
recognized by the board under section 4779.26 of the Revised Code.	35373

(B) This division applies to applications made on or before	35374
January 1, 2008. The requirements of this division are met if the	35375
applicant is in compliance with division (B)(1) or (B)(2)(a) or	35376
(b) of this section:	35377

(1) If application is made on or before January 1, 2006, the	35378
applicant meets all of the following requirements:	35379

(a) Holds an associate's degree or higher from an accredited	35380
college or university or an equivalent credential from a foreign	35381
educational institution recognized by the board;	35382

(b) Has completed a certificate program in orthotics	35383
recognized by the board under section 4779.26 of the Revised Code;	35384

(c) Has three years of documented, full-time experience	35385
practicing or teaching orthotics.	35386

(2) If the application is made on or before January 1, 2008,	35387
the applicant meets the requirements of division (B)(2)(a) or (b)	35388
of this section:	35389

(a)(i) The applicant holds a bachelor's degree or higher from	35390
a nationally accredited college or university or an equivalent	35391
credential from a foreign educational institution recognized by	35392
the board;	35393

(ii) The applicant holds a valid certificate in orthotics	35394
issued by the American board for certification in orthotics and	35395
prosthetics, the board for orthotist/prosthetist certification, or	35396
an equivalent successor organization recognized by the board;	35397

(iii) The applicant has completed three years of documented,	35398
full-time experience practicing or teaching orthotics.	35399

(b)(i) The applicant holds a bachelor's degree or higher from	35400
a nationally accredited college or university or an equivalent	35401
credential from a foreign educational institution recognized by	35402
the board;	35403

(ii) The applicant has completed a certificate program in	35404
orthotics recognized by the board under section 4779.26 of the	35405
Revised Code;	35406

(iii) The applicant has completed a residency program in	35407
orthotics recognized by the board under section 4779.27 of the	35408
Revised Code or has three years of documented, full-time	35409
experience practicing or teaching orthotics.	35410

Sec. 4779.11. To be eligible for a license to practice	35411
prosthetics, an applicant must meet the requirements of division	35412
(A) of this section, or, if the application is made on or before	35413
January 1, 2008, the requirements of either division (A) or (B) of	35414
this section:	35415

(A) The requirements of this division are met if the	35416
applicant is in compliance with divisions (A)(1), (2), and (3) of	35417
this section.	35418

(1) On the date of application, the applicant has practiced	35419
prosthetics for not less than eight months under the supervision	35420
of an individual licensed under this chapter to practice	35421
prosthetics;	35422

(2) The applicant has completed a prosthetics residency	35423
program approved by the board under section 4779.27 of the Revised	35424
Code;	35425

(3) One of the following is the case:

35426

(a) The applicant holds a bachelor's degree in orthotics and	35427
prosthetics from an accredited college or university whose	35428
orthotics and prosthetics program is recognized by the state	35429
medical board ~~of orthotics, prosthetics, and pedorthics~~ under	35430
section 4779.25 of the Revised Code or an equivalent educational	35431
credential from a foreign educational institution recognized by	35432
the board;	35433

(b) The applicant holds a bachelor's degree in a subject	35434
other than orthotics and prosthetics or an equivalent educational	35435
credential from a foreign educational institution recognized by	35436
the board and has completed a certificate program in prosthetics	35437
recognized by the board under section 4779.26 of the Revised Code.	35438

(B) This division applies to applications made on or before	35439
January 1, 2008. The requirements of this division are met if the	35440
applicant is in compliance with division (B)(1) or (B)(2)(a) or	35441
(b) of this section:	35442

(1) If application is made on or before January 1, 2006, the	35443
applicant meets all of the following requirements:	35444

(a) Holds an associate's degree or higher from an accredited	35445
college or university or an equivalent credential from a foreign	35446
educational institution recognized by the board;	35447

(b) Has completed a certificate program in prosthetics	35448
recognized by the board under section 4779.26 of the Revised Code;	35449

(c) Has three years of documented, full-time experience	35450
practicing or teaching prosthetics.	35451

(2) If the application is made on or before January 1, 2008,	35452
the applicant meets the requirements of division (B)(2)(a) or (b)	35453
of this section:	35454

(a)(i) The applicant holds a bachelor's degree or higher from	35455
a nationally accredited college or university or an equivalent	35456
credential from a foreign educational institution recognized by	35457
the board;	35458

(ii) The applicant holds a valid certificate in prosthetics	35459
issued by the American board for certification in orthotics and	35460
prosthetics, the board for orthotist/prosthetist certification, or	35461
an equivalent successor organization recognized by the board;	35462

(iii) The applicant has completed three years of documented,	35463
full-time experience practicing or teaching prosthetics.	35464

(b)(i) The applicant holds a bachelor's degree or higher from	35465
a nationally accredited college or university or an equivalent	35466
credential from a foreign educational institution recognized by	35467
the board;	35468

(ii) The applicant has completed a certificate program in	35469
prosthetics recognized by the board under section 4779.26 of the	35470
Revised Code;	35471

(iii) The applicant has completed a residency program in	35472
prosthetics recognized by the board under section 4779.27 of the	35473
Revised Code or has three years of documented, full-time	35474
experience practicing or teaching prosthetics.	35475

Sec. 4779.12. To be eligible for a license to practice	35476
orthotics and prosthetics, an applicant must meet the requirements	35477
of division (A) of this section, or, if the application is made on	35478
or before January 1, 2008, the requirements of either division (A)	35479
or (B) of this section:	35480

(A) The requirements of this division are met if the	35481
applicant is in compliance with divisions (A)(1), (2), and (3) of	35482
this section.	35483

(1) On the date of application, the applicant has practiced	35484
orthotics and prosthetics for not less than eight months under the	35485
supervision of an individual licensed under this chapter to	35486
practice orthotics and prosthetics;	35487

(2) The applicant has completed an orthotics and prosthetics	35488
residency program approved by the board under section 4779.27 of	35489
the Revised Code;	35490

(3) One of the following is the case:

35491

(a) The applicant holds a bachelor's degree in orthotics and	35492
prosthetics from an accredited college or university whose	35493
orthotics and prosthetics program is recognized by the state	35494
medical board ~~of orthotics, prosthetics, and pedorthics~~ under	35495
section 4779.25 of the Revised Code or an equivalent educational	35496
credential from a foreign educational institution recognized by	35497
the board;	35498

(b) The applicant holds a bachelor's degree in a subject	35499
other than orthotics and prosthetics or an equivalent educational	35500
credential from a foreign educational institution recognized by	35501
the board and has completed a certificate program in orthotics and	35502
prosthetics recognized by the board under section 4779.26 of the	35503
Revised Code.	35504

(B) This division applies to applications made on or before	35505
January 1, 2008. The requirements of this division are met if the	35506
applicant is in compliance with division (B)(1) or (B)(2)(a) or	35507
(b) of this section:	35508

(1) If application is made on or before January 1, 2006, the	35509
applicant meets all of the following requirements:	35510

(a) Holds an associate's degree or higher from an accredited	35511
college or university or an equivalent credential from a foreign	35512
educational institution recognized by the board;	35513

(b) Has completed a certificate program in orthotics and	35514
prosthetics recognized by the board under section 4779.26 of the	35515
Revised Code;	35516

(c) Has six years of documented, full-time experience	35517
practicing or teaching orthotics or prosthetics.	35518

(2) If the application is made on or before January 1, 2008,	35519
the applicant meets the requirements of division (B)(2)(a) or (b)	35520
of this section:	35521

(a)(i) The applicant holds a bachelor's degree or higher from	35522
a nationally accredited college or university or an equivalent	35523
credential from a foreign educational institution recognized by	35524
the board;	35525

(ii) The applicant holds a valid certificate in orthotics and	35526
prosthetics issued by the American board for certification in	35527
orthotics and prosthetics, the board for orthotist/prosthetist	35528
certification, or an equivalent successor organization recognized	35529
by the board;	35530

(iii) The applicant has completed six years of documented,	35531
full-time experience practicing or teaching orthotics or	35532
prosthetics.	35533

(b)(i) The applicant holds a bachelor's degree or higher from	35534
a nationally accredited college or university or an equivalent	35535
credential from a foreign educational institution recognized by	35536
the board;	35537

(ii) The applicant has completed a certificate program in	35538
orthotics and prosthetics recognized by the board under section	35539
4779.26 of the Revised Code;	35540

(iii) The applicant has completed a residency program in	35541
orthotics and prosthetics recognized by the board under section	35542
4779.27 of the Revised Code or has six years of documented,	35543
full-time experience practicing or teaching orthotics or	35544
prosthetics.	35545

Sec. 4779.15. Except as provided in sections 4779.16 and	35546
4779.17 of the Revised Code, the state medical board ~~of orthotics,~~	35547
~~prosthetics, and pedorthics~~ shall examine or cause to be examined	35548
each individual who seeks to practice orthotics, prosthetics,	35549
orthotics and prosthetics, or pedorthics in this state.	35550

To be eligible to take an examination conducted by the board	35551
or an entity recognized by the board for the purpose of this	35552
section, an individual must file an application and pay an	35553
examination fee as specified in rules adopted by the board under	35554
section 4779.08 of the Revised Code and meet all the requirements	35555
of section 4779.09 of the Revised Code other than the requirement	35556
of having passed the examination.	35557

Examinations shall be conducted at least once a year in	35558
accordance with rules adopted by the board under section 4779.08	35559
of the Revised Code. Each applicant shall be examined in such	35560
subjects as the board requires.	35561

The board may use as its examination all or part of a	35562
standard orthotics, prosthetics, orthotics and prosthetics, or	35563
pedorthics licensing examination established for the purpose of	35564
determining the competence of individuals to practice orthotics,	35565
prosthetics, or pedorthics in the United States. In lieu of	35566
conducting examinations, the board may accept the results of	35567
examinations conducted by entities recognized by the board.	35568

Sec. 4779.16. The state medical board ~~of orthotics,~~	35569
~~prosthetics, and pedorthics~~ shall issue a license under section	35570
4779.09 of the Revised Code to practice orthotics, prosthetics,	35571
orthotics and prosthetics, or pedorthics without examination to an	35572
applicant who meets the requirements of divisions (A) and (B) of	35573
this section:	35574

(A) Not later than July 27, 2001, applies to the board in	35575
accordance with section 4779.09 of the Revised Code;	35576

(B)(1) In the case of an applicant for a license to practice	35577
orthotics, is actively practicing or teaching orthotics on October	35578
27, 2000, and complies with division (B)(1)(a) or (b) of this	35579
section:	35580

(a) The applicant meets all of the following requirements:

35581

(i) Holds a bachelor's degree or higher from a nationally	35582
accredited college or university in the United States;	35583

(ii) Has completed a certificate program in orthotics	35584
approved by the board under section 4779.26 of the Revised Code;	35585

(iii) Is certified in orthotics by the American board for	35586
certification in orthotics and prosthetics, the board of	35587
orthotist/prosthetist certification, or an equivalent successor	35588
organization recognized by the board;	35589

(iv) Has completed a residency program approved by the board	35590
under section 4779.27 of the Revised Code.	35591

(b) The individual meets both of the following requirements:

35592

(i) Has a minimum of three years of documented, full-time	35593
experience practicing or teaching orthotics;	35594

(ii) Has passed the certification examination in orthotics	35595
developed by the American board of certification in orthotics and	35596
prosthetics, the board of orthotist/prosthetist certification, or	35597
an equivalent organization recognized by the board.	35598

(2) In the case of an applicant for a license to practice	35599
prosthetics, is actively practicing or teaching prosthetics on	35600
October 27, 2000, and complies with division (B)(2)(a) or (b) of	35601
this section:	35602

(a) The applicant meets all of the following requirements:

35603

(i) Holds a bachelor's degree or higher from a nationally	35604
accredited college or university in the United States;	35605

(ii) Has completed a certificate program in prosthetics	35606
approved by the board under section 4779.26 of the Revised Code;	35607

(iii) Is certified in prosthetics by the American board for	35608
certification in orthotics and prosthetics, the board of	35609
orthotist/prosthetist certification, or an equivalent successor	35610
organization recognized by the board;	35611

(iv) Has completed a residency program approved by the board	35612
under section 4779.27 of the Revised Code.	35613

(b) The applicant meets both of the following requirements:

35614

(i) Has a minimum of three years of documented, full-time	35615
experience practicing or teaching prosthetics;	35616

(ii) Has passed the certification examination in prosthetics	35617
of the American board of certification in orthotics and	35618
prosthetics, the board of orthotist/prosthetist certification, or	35619
an equivalent organization recognized by the board.	35620

(3) In the case of an applicant for a license to practice	35621
orthotics and prosthetics, the applicant complies with division	35622
(B)(3)(a) or (b) of this section:	35623

(a) The applicant meets all of the following requirements:

35624

(i) Holds a bachelor's degree or higher from an accredited	35625
college or university in the United States;	35626

(ii) Has completed a certificate program in orthotics and	35627
prosthetics approved by the board under section 4779.26 of the	35628
Revised Code;	35629

(iii) Has completed a residency program in orthotics and	35630
prosthetics approved under section 4779.27 of the Revised Code;	35631

(iv) Is certified in orthotics and prosthetics by the	35632
American board for certification in orthotics and prosthetics, the	35633
board of orthotist/prosthetist certification, or an equivalent	35634
successor organization recognized by the board;	35635

(b) The applicant meets both of the following requirements:

35636

(i) Has a minimum of six years of documented, full-time	35637
experience practicing or teaching orthotics and prosthetics;	35638

(ii) Has passed the orthotics and prosthetics certification	35639
examination requirements of the American board for certification	35640
in orthotics and prosthetics, the board of orthotist/prosthetist	35641
certification, or an equivalent organization recognized by the	35642
board.	35643

(4) In the case of an applicant for a license to practice	35644
pedorthics, is actively practicing or teaching pedorthics on	35645
October 27, 2000, and is certified in pedorthics by the board for	35646
certification in pedorthics.	35647

Sec. 4779.17. The state medical board ~~of orthotics,~~	35648
~~prosthetics, and pedorthics~~ shall issue a license under section	35649
4779.09 of the Revised Code to practice orthotics, prosthetics,	35650
orthotics and prosthetics, or pedorthics without examination to an	35651
applicant who meets all of the following requirements:	35652

(A) Applies to the board in accordance with section 4779.09	35653
of the Revised Code;	35654

(B) Holds a license to practice orthotics, prosthetics,	35655
orthotics and prosthetics, or pedorthics issued by the appropriate	35656
authority of another state;	35657

35658

(1) In the case of an applicant for a license to practice	35659
orthotics, the applicant meets the requirements in divisions	35660
(A)(2) and (3) of section 4779.10 of the Revised Code.	35661

(2) In the case of an applicant for a license to practice	35662
prosthetics, the applicant meets the requirements in divisions	35663
(A)(2) and (3) of section 4779.11 of the Revised Code.	35664

(3) In the case of an applicant for a license to practice	35665
orthotics and prosthetics, the applicant meets the requirements in	35666
divisions (A)(2) and (3) of section 4779.12 of the Revised Code.	35667

(4) In the case of an applicant for a license to practice	35668
pedorthics, the applicant meets the requirements in divisions (B)	35669
and (C) of section 4779.13 of the Revised Code.	35670

(D) The fees prescribed by this section shall be paid to the	35671
treasurer of state, who shall from the effective date of this	35672
section until December 31, 2004, deposit the fees in the	35673
occupational licensing and regulatory fund established in section	35674
4743.05 of the Revised Code.	35675

Sec. 4779.18. (A) The state medical board ~~of orthotics,~~	35676
~~prosthetics, and pedorthics~~ shall issue a temporary license to an	35677
individual who meets all of the following requirements:	35678

(1) Applies to the board in accordance with rules adopted	35679
under section 4779.08 of the Revised Code and pays the application	35680
fee specified in the rules;	35681

(2) Is eighteen years of age or older;

35682

(3) Is of good moral character;

35683

(4) One of the following applies:

35684

(a) In the case of an applicant for a license to practice	35685
orthotics, the applicant meets the requirements in divisions	35686
(A)(2) and (3) of section 4779.10 of the Revised Code.	35687

(b) In the case of an applicant for a license to practice	35688
prosthetics, the applicant meets the requirements in divisions	35689
(A)(2) and (3) of section 4779.11 of the Revised Code.	35690

(c) In the case of an applicant for a license to practice	35691
orthotics and prosthetics, the applicant meets the requirements in	35692
divisions (A)(2) and (3) of section 4779.12 of the Revised Code.	35693

(d) In the case of an applicant for a license to practice	35694
pedorthics, the applicant meets the requirements in divisions (B)	35695
and (C) of section 4779.13 of the Revised Code.	35696

(B) A temporary license issued under this section is valid	35697
for one year and may be renewed once in accordance with rules	35698
adopted by the board under section 4779.08 of the Revised Code.	35699

An individual who holds a temporary license may practice	35700
orthotics, prosthetics, orthotics and prosthetics, or pedorthics	35701
only under the supervision of an individual who holds a license	35702
issued under section 4779.09 of the Revised Code in the same area	35703
of practice.	35704

(C) The fees prescribed by this section shall be paid to the	35705
treasurer of state, who shall from the effective date of this	35706
section until December 31, 2004, deposit the fees in the	35707
occupational licensing and regulatory fund established in section	35708
4743.05 of the Revised Code.	35709

Sec. 4779.20. (A) An individual seeking to renew a license	35710
issued under section 4779.09 of the Revised Code shall, on or	35711
before the day the license expires pursuant to section 4779.19 of	35712
the Revised Code, apply for renewal. The state medical board of	35713
~~orthotics, prosthetics, and pedorthics~~ shall send renewal notices	35714
at least one month prior to the expiration date.	35715

Applications shall be submitted to the board on forms the	35716
board prescribes and furnishes. Each application shall be	35717
accompanied by a renewal fee specified in rules adopted by the	35718
board under section 4779.08 of the Revised Code, except that the	35719
board may waive part of the renewal fee for the first renewal of	35720
an initial license that expires one hundred days or less after it	35721
is issued.	35722

(B) Beginning with the fourth renewal and every third renewal	35723
thereafter, a license holder must certify to the board one of the	35724
following:	35725

(1) In the case of an individual licensed as an orthotist or	35726
prosthetist, the individual has completed within the preceding	35727
three years forty-five continuing education units granted by the	35728
board under section 4779.24 of the Revised Code;	35729

(2) In the case of an individual licensed as a prosthetist	35730
and orthotist, the individual has completed within the preceding	35731
three years seventy-five continuing education units granted by the	35732
board under section 4779.24 of the Revised Code;	35733

(3) In the case of an individual licensed as a pedorthist,	35734
the individual has completed within the previous three years the	35735
continuing education courses required by the board for	35736
certification in pedorthics or an equivalent organization	35737
recognized by the board.	35738

Sec. 4779.21. The state medical board ~~of orthotics,~~	35739
~~prosthetics, and pedorthics~~ shall maintain board records,	35740
including records of the board's proceedings, a registry of all	35741
applicants for licensure that indicates whether the applicant was	35742
granted a license, and any other records necessary to carry out	35743
the provisions of this chapter.	35744

Sec. 4779.22. (A) The state medical board ~~of orthotics,~~	35745
~~prosthetics, and pedorthics~~ shall publish and make available to	35746
the public written information regarding both of the following:	35747

(1) The board's regulatory functions pursuant to this chapter	35748
and the provisions of this chapter;	35749

(2) The procedures by which complaints are filed with the	35750
board, which shall include a description of the complaint	35751
procedures and the name, mailing address, and telephone number of	35752
the board.	35753

(B) The board shall make the information described in	35754
division (A) of this section available to all of the following:	35755

(1) Consumers of orthotic, prosthetic, and pedorthic goods	35756
and services;	35757

(2) Individuals licensed by the board;

35758

(3) Nationally recognized orthotic, prosthetic, and pedorthic	35759
certifying and accrediting organizations;	35760

(4) Nationally recognized orthotic, prosthetic, and pedorthic	35761
educational organizations;	35762

(5) Any other entity that may reasonably require the	35763
information.	35764

(C) The board may make available any of the information	35765
described in division (A) of this section by adopting a rule under	35766
section 4779.08 of the Revised Code requiring the information to	35767
be displayed in any of the following ways:	35768

(1) On each registration form or application prepared by the	35769
board;	35770

(2) On a sign prominently displayed in the place of business	35771
of each individual licensed under this chapter;	35772

(3) In each bill or written contract for services provided by	35773
an individual licensed under this chapter.	35774

Sec. 4779.23. (A) To be eligible for approval by the state	35775
medical board ~~of orthotics, prosthetics, and pedorthics~~, a	35776
continuing education course must satisfy all of the following	35777
requirements:	35778

(1) Include significant intellectual or practical content and	35779
be designed to improve the professional competence of	35780
participants;	35781

(2) Deal with matters directly related to the practice of	35782
orthotics, prosthetics, or pedorthics, including professional	35783
responsibility, ethical obligations, or similar subjects that the	35784
board considers necessary to maintain and improve the quality of	35785
orthotic and prosthetic services in this state;	35786

(3) Involve in-person instruction, except that a course may	35787
use self-study materials if the materials are prepared and	35788
presented by a group with appropriate practical experience;	35789

(4) Be presented in a setting that is physically suited to	35790
the course;	35791

(5) Include thorough, high-quality written material;

35792

(6) Meet any other requirements the board considers	35793
appropriate.	35794

(B) The board shall, in accordance with the standards in	35795
division (A) of this section, review and approve continuing	35796
education courses. If the board does not approve a course, it	35797
shall provide a written explanation of the reason for the denial	35798
to the person that requested approval. The board may approve	35799
continuing education courses approved by boards of other states	35800
that regulate orthotics, prosthetics, and pedorthics if the other	35801
board's standards for approving continuing education courses are	35802
equivalent to the standards established pursuant to division (A)	35803
of this section.	35804

Sec. 4779.24. The state medical board ~~of orthotics,~~	35805
~~prosthetics, and pedorthics~~ shall grant continuing education units	35806
to individuals licensed under this chapter on the following basis:	35807

(A) For completing a continuing education course approved by	35808
the board under section 4779.23 of the Revised Code, one unit for	35809
each hour of instruction received;	35810

(B) For teaching as a faculty member a course in orthotics,	35811
prosthetics, or pedorthics that is part of the curriculum of an	35812
institution of higher education, one-half unit for each semester	35813
hour of the course, or an equivalent unit for each quarter or	35814
trimester hour of the course;	35815

(C) For teaching other than as a faculty member a course that	35816
is part of an institution of higher education's orthotics,	35817
prosthetics, or pedorthics curriculum, one unit for each hour	35818
teaching the course;	35819

(D) For teaching a continuing education course that is	35820
approved by the board under section 4779.23 of the Revised Code	35821
that is not part of an institution of higher education's	35822
orthotics, prosthetics, or pedorthics curriculum, three units for	35823
each hour teaching the course for the first time and one-half unit	35824
for each hour teaching the course each time thereafter.	35825

Sec. 4779.25. The state medical board ~~of orthotics,~~	35826
~~prosthetics, and pedorthics~~ shall recognize an institution of	35827
higher education's bachelor's degree program in orthotics and	35828
prosthetics if the program satisfies all of the following	35829
requirements:	35830

(A) Provides not less than two semesters or three quarters of	35831
instruction in orthotics and two semesters or three quarters of	35832
instruction in prosthetics;	35833

(B) Requires as a condition of entry a high school diploma or	35834
certificate of high school equivalence issued by the state board	35835
of education;	35836

(C) Includes a written description of the program that	35837
includes learning goals, course objectives, and competencies for	35838
graduation;	35839

(D) Requires frequent, documented evaluation of students to	35840
assess their acquisition of knowledge, problem identification and	35841
solving skills, and psychomotor, behavioral, and clinical	35842
competencies;	35843

(E) Requires as a condition of entry successful completion of	35844
courses in biology, chemistry, physics, psychology, computer	35845
science, algebra or higher math, human anatomy with a laboratory	35846
section, and physiology with a laboratory section;	35847

(F) Requires formal instruction in biomechanics, gait	35848
analysis and pathometrics, kinesiology, pathology, materials	35849
science, research methods, and diagnostic imaging techniques;	35850

(G) Requires students as a condition of graduation to	35851
demonstrate orthotics skills, including measurement,	35852
impression-taking, model rectification, and fitting and alignment	35853
of orthoses for the lower limbs, upper limbs, and spines;	35854

(H) Requires students as a condition of graduation to	35855
complete training in orthotic systems, including foot orthosis,	35856
ankle-foot orthosis, knee orthosis, knee-ankle-foot orthosis,	35857
hip-knee-ankle orthosis, hip orthosis, wrist-hand orthosis,	35858
cervical-thoracic-lumbo-sacral orthosis, thoracolumbo-sacral	35859
orthosis, lumbo-sacral orthosis, HALO, fracture management, RGO,	35860
standing frames, and seating;	35861

(I) Requires students as a condition of graduation to	35862
demonstrate prosthetic skills that include measurement, impression	35863
taking, model rectification, diagnostic fitting, definitive	35864
fitting, postoperative management, external power, and static and	35865
dynamic alignment of sockets related to various amputation levels,	35866
including partial foot, Syme's below knee, above knee, below	35867
elbow, above elbow, and the various joint disarticulations;	35868

(J) Requires as a condition of graduation students to	35869
complete not less than five hundred hours of supervised clinical	35870
experience that focus on patient-related activities, including	35871
recommendation, measurement, impression-taking, model	35872
rectification, fabrication, fitting, and evaluating patients in	35873
the use and function of orthotics and prosthetics;	35874

(K) Provides for the evaluation of the program's compliance	35875
with the requirements of this section through regular, on-site	35876
visits conducted by a team of qualified individuals from a	35877
nationally recognized orthotic, prosthetic, or orthotic and	35878
prosthetic certifying body;	35879

(L) Meets any other standards adopted by the board under	35880
section 4779.08 of the Revised Code.	35881

Sec. 4779.26. The state medical board ~~of orthotics,~~	35882
~~prosthetics, and pedorthics~~ shall recognize a certificate program	35883
in orthotics, prosthetics, or orthotics and prosthetics if the	35884
program satisfies all of the following requirements:	35885

(A) Meets the requirements in divisions (B), (C), (D), (E),	35886
(F), (K), and (L) of section 4779.25 of the Revised Code;	35887

(B) In the case of a certificate program in orthotics, the	35888
program does all of the following:	35889

(1) Provides not less than two semesters or three quarters of	35890
instruction in orthotics;	35891

(2) Requires students to complete not less than two hundred	35892
fifty hours of supervised clinical experience that focuses on	35893
patient-related activities, recommendation, measurement,	35894
impression-taking, model rectification, fabrication, fitting, and	35895
evaluating patients in the use and function of orthotics;	35896

(3) Meets the requirements in divisions (G) and (H) of	35897
section 4779.25 of the Revised Code.	35898

(C) In the case of a certificate program in prosthetics, the	35899
program does all of the following:	35900

(1) Provides not less than two semesters or three quarters of	35901
instruction in prosthetics;	35902

(2) Requires students to complete not less than two hundred	35903
fifty hours of supervised clinical experience that focuses on	35904
patient-related activities, recommendation, measurement,	35905
impression-taking, model rectification, fabrication, fitting, and	35906
evaluating patients in the use and function of prosthetics;	35907

(3) Meets the requirements in divisions (F) and (I) of	35908
section 4779.25 of the Revised Code.	35909

(D) In the case of a certificate program in orthotics and	35910
prosthetics, the program does both of the following:	35911

(1) Provides not less than two semesters or three quarters of	35912
instruction in orthotics and two semesters or three quarters of	35913
instruction in prosthetics;	35914

(2) Meets the requirements in divisions (H) and (I) of	35915
section 4779.25 of the Revised Code.	35916

Sec. 4779.27. The state medical board ~~of orthotics,~~	35917
~~prosthetics, and pedorthics~~ shall approve a residency program in	35918
orthotics, prosthetics, or orthotics and prosthetics if the	35919
program does all of the following:	35920

(A) Requires a bachelor's degree as a condition of entry;

35921

(B) Does one of the following:

35922

(1) In the case of a residency program in orthotics, provides	35923
two semesters or three quarters of instruction in orthotics;	35924

(2) In the case of a residency program in prosthetics,	35925
provides two semesters or three quarters of instruction in	35926
prosthetics;	35927

(3) In the case of a residency program in orthotics and	35928
prosthetics, provides two semesters or three quarters of	35929
instruction in orthotics and two semesters or three quarters of	35930
instruction in prosthetics.	35931

(C) Meets the requirements in divisions (K) and (L) of	35932
section 4779.25 of the Revised Code;	35933

(D) Provides residents with a sufficient variety and volume	35934
of clinical experiences to give them adequate educational	35935
experience in the acute, rehabilitative, and chronic aspects of	35936
orthotics and prosthetics, including recommendation, measurement,	35937
impression-taking, model rectification, fabrication, fitting, and	35938
evaluating patients in the use and function of orthotics and	35939
prosthetics;	35940

(E) Provides residents with sufficient training in clinical	35941
assessment, patient management, technical implementation, practice	35942
management, and professional responsibility.	35943

Sec. 4779.30. If the state medical board ~~of orthotics,~~	35944
~~prosthetics, and pedorthics~~ has reason to believe that a person	35945
who holds a license issued under this chapter is mentally ill or	35946
mentally incompetent, it may file in the probate court of the	35947
county in which the person has a legal residence an affidavit in	35948
the form prescribed in section 5122.11 of the Revised Code and	35949
signed by the secretary of the board, whereupon the same	35950
proceeding shall be had as provided in Chapter 5122. of the	35951
Revised Code. The attorney general may represent the board in any	35952
proceeding commenced under this section.	35953

If an individual who has been granted a license under this	35954
chapter is adjudicated by a probate court to be mentally ill or	35955
mentally incompetent, the individual's license shall be	35956
automatically suspended until the individual has filed with the	35957
board a certified copy of an adjudication by a probate court of	35958
the individual's subsequent restoration to competency or has	35959
submitted to the board proof, satisfactory to the board, of having	35960
been restored to competency in the manner and form provided in	35961
section 5122.38 of the Revised Code. The judge of the court shall	35962
immediately notify the board of an adjudication of incompetence	35963
and note any suspension of a license in the margin of the court's	35964
record of the certificate. In the absence of fraud or bad faith,	35965
neither the board nor any agent, representative, or employee of	35966
the board shall be held liable in damages by any person by reason	35967
of the filing of the affidavit referred to in this section.	35968

Sec. 4779.32. If any person makes an allegation against an	35969
individual who holds a license issued under this chapter, the	35970
allegation shall be reduced to writing and verified by a person	35971
who is familiar with the facts underlying the allegation. The	35972
person making the allegation shall file three copies of the	35973
allegation with the state medical board ~~of orthotics, prosthetics,~~	35974
~~and pedorthics~~. If a person alleges that a license holder is	35975
engaging or has engaged in conduct described in division (A) of	35976
section 4779.28 of the Revised Code, the board may proceed with an	35977
adjudication hearing under Chapter 119. of the Revised Code. The	35978
board shall retain the information filed under this section in	35979
accordance with rules adopted by the board under section 4779.08	35980
of the Revised Code.	35981

Sec. 4779.33. The secretary of the state medical board of	35982
~~orthotics, prosthetics, and pedorthics~~ shall enforce the laws	35983
relating to the practice of orthotics, prosthetics, and	35984
pedorthics. If the secretary has knowledge of a violation, the	35985
secretary shall investigate the violation and notify the	35986
prosecuting attorney of the proper county.	35987

Sec. 4903.24. If the public utilities commission finds after	35988
investigating that any rate, joint rate, fare, charge, toll,	35989
rental, schedule, or classification of service is unjust,	35990
unreasonable, insufficient, unjustly discriminatory, unjustly	35991
preferential, or in violation of law, or that any service is	35992
inadequate or cannot be obtained, the public utility found to be	35993
at fault shall pay the expenses incurred by the commission upon	35994
such investigation.	35995

All fees, expenses, and costs of, or in connection with, any	35996
hearing or investigation may be imposed by the commission upon any	35997
party to the record or may be divided among any parties to the	35998
record in such proportion as the commission determines.	35999

All fees, expenses, and costs authorized and collected under	36000
this section shall be deposited to the credit of the special	36001
assessment fund, which is hereby created in the state treasury.	36002
Money in the fund shall be used by the commission for the purpose	36003
of covering the costs of any investigations or hearings it orders	36004
regarding any public utility.	36005

Sec. 4905.91. For the purpose of protecting the public	36006
safety with respect to intrastate pipe-line transportation by any	36007
operator:	36008

(A) The public utilities commission shall:

36009

(1) Adopt, and may amend or rescind, rules to carry out	36010
sections 4905.90 to 4905.96 of the Revised Code, including rules	36011
concerning pipe-line safety, drug testing, and enforcement	36012
procedures. The commission shall adopt these rules only after	36013
notice and opportunity for public comment. The rules adopted under	36014
this division and any orders issued under sections 4905.90 to	36015
4905.96 of the Revised Code constitute the pipe-line safety code.	36016
The commission shall administer and enforce that code.	36017

(2) Make certifications and reports to the United States	36018
department of transportation as required under the Natural Gas	36019
Pipeline Safety Act.	36020

(B) The commission may:

36021

(1) Investigate any service, act, practice, policy, or	36022
omission by any operator to determine its compliance with sections	36023
4905.90 to 4905.96 of the Revised Code and the pipe-line safety	36024
code;	36025

(2) Investigate any intrastate pipe-line transportation	36026
facility to determine if it is hazardous to life or property, as	36027
provided in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1679b(b)(2) and	36028
(3);	36029

(3) Investigate the existence or report of any safety-related	36030
condition that involves any intrastate pipe-line transportation	36031
facility;	36032

(4) Enter into and perform contracts or agreements with the	36033
United States department of transportation to inspect interstate	36034
transmission facilities pursuant to the Natural Gas Pipeline	36035
Safety Act;	36036

(5) Accept grants-in-aid, ~~funds~~cash, and reimbursements	36037
provided for or made available to this state by the federal	36038
government to carry out the Natural Gas Pipeline Safety Act or to	36039
enforce sections 4905.90 to 4905.96 of the Revised Code and the	36040
pipe-line safety code. All such grants-in-aid, cash, and	36041
reimbursements shall be deposited to the credit of the gas	36042
pipe-line safety fund, which is hereby created in the state	36043
treasury, to be used by the commission for the purpose of carrying	36044
out this section.	36045

(C) The commission's regulation of gathering lines shall	36046
conform to the regulation of gathering lines in 49 C.F.R. ~~parts~~	36047
192 and 199, as amended, and the commission's annual certification	36048
agreements with the United States department of transportation,	36049
except that rule 4901:1-16-03, paragraph (D) of rule 4901:1-16-05,	36050
and rule 4901:1-16-06 of the Ohio Administrative Code shall also	36051
apply to gathering lines. The procedural rules under chapter	36052
4901:1-16 of the Ohio Administrative Code shall also apply to	36053
operators of gathering lines.	36054

Sec. 4919.79. (A) The public utilities commission may adopt	36055
safety rules applicable to the highway transportation and offering	36056
for transportation of hazardous materials in interstate commerce,	36057
which highway transportation takes place into or through this	36058
state.	36059

(B) The commission may adopt safety rules applicable to the	36060
highway transportation of persons or property in interstate	36061
commerce, which transportation takes place into or through this	36062
state.	36063

(C) Rules adopted under divisions (A) and (B) of this section	36064
shall be consistent with, and equivalent in scope, coverage, and	36065
content to, the "Hazardous Materials Transportation Act," 88 Stat.	36066
2156 (1975), 49 U.S.C.A. 1801, as amended, and regulations adopted	36067
under it, and the "Motor Carrier Safety Act of 1984," 98 Stat.	36068
2832, 49 U.S.C.A. 2501, and regulations adopted under it,	36069
respectively. No person shall violate a rule adopted under	36070
division (A) or (B) of this section or any order of the commission	36071
issued to secure compliance with any such rule.	36072

(D) The commission shall cooperate with, and permit the use	36073
of, the services, records, and facilities of the commission as	36074
fully as practicable by appropriate officers of the interstate	36075
commerce commission, the United States department of	36076
transportation, and other federal agencies or commissions and	36077
appropriate commissions of other states in the enforcement and	36078
administration of state and federal laws relating to highway	36079
transportation by motor vehicles. The commission may enter into	36080
cooperative agreements with the interstate commerce commission,	36081
the United States department of transportation, and any other	36082
federal agency or commission to enforce the economic and safety	36083
laws and rules of this state and of the United States concerning	36084
highway transportation by motor vehicles. All grants-in-aid, cash,	36085
and reimbursements received by the commission pursuant to those	36086
cooperative agreements shall be deposited to the credit of the	36087
motor carrier safety fund, which is hereby created in the state	36088
treasury, to be used by the commission for the purpose of carrying	36089
out this section.	36090

(E) To achieve the purposes of this section, the commission	36091
may, through its inspectors or other authorized employees, inspect	36092
any vehicles of carriers of persons or property in interstate	36093
commerce subject to the safety rules prescribed by this section	36094
and may enter upon the premises and vehicles of such carriers to	36095
examine any of the carriers' records or documents that relate to	36096
the safety of operation of such carriers. In order to assist the	36097
commission in the performance of its duties under this section,	36098
authorized employees of the commercial motor vehicle safety	36099
enforcement unit, division of state highway patrol, of the	36100
department of public safety may enter in or upon, for purposes of	36101
inspection, any vehicle of any such carrier.	36102

In order to inspect motor vehicles owned or operated by	36103
private motor carriers of persons, authorized employees of the	36104
commercial motor vehicle safety enforcement unit, division of	36105
state highway patrol, of the department of public safety may enter	36106
in or upon the premises of any private carrier of persons in	36107
interstate commerce, subject to the safety rules prescribed by	36108
this section.	36109

Sec. 4973.17. (A) Upon the application of any bank, building	36110
and loan association, or association of banks or building and loan	36111
associations in this state, the governor may appoint and	36112
commission any persons that the bank, building and loan	36113
association, or association of banks or building and loan	36114
associations designates, or as many of those persons as the	36115
governor considers proper, to act as police officers for and on	36116
the premises of that bank, building and loan association, or	36117
association of banks or building and loan associations, or	36118
elsewhere, when directly in the discharge of their duties. Police	36119
officers so appointed shall be citizens of this state and of good	36120
character. They shall hold office for three years, unless, for	36121
good cause shown, their commission is revoked by the governor, or	36122
by the bank, building and loan association, or association of	36123
banks or building and loan associations, as provided by law.	36124

(B) Upon the application of a company owning or using a	36125
railroad in this state and subject to section 4973.171 of the	36126
Revised Code, the governor may appoint and commission any persons	36127
that the railroad company designates, or as many of those persons	36128
as the governor considers proper, to act as police officers for	36129
and on the premises of the railroad company, its affiliates or	36130
subsidiaries, or elsewhere, when directly in the discharge of	36131
their duties. Police officers so appointed, within the time set by	36132
the Ohio peace officer training commission, shall successfully	36133
complete a commission approved training program and be certified	36134
by the commission. They shall hold office for three years, unless,	36135
for good cause shown, their commission is revoked by the governor,	36136
or railroad company, as provided by law.	36137

Any person holding a similar commission in another state may	36138
be commissioned and may hold office in this state without	36139
completing the approved training program required by this division	36140
provided that ~~that~~ the person has completed a substantially	36141
equivalent training program in the other state. The Ohio peace	36142
officer training commission shall determine whether a training	36143
program in another state meets the requirements of this division.	36144

(C) Upon the application of any company under contract with	36145
the United States atomic energy commission for the construction or	36146
operation of a plant at a site owned by ~~such~~the commission, the	36147
governor may appoint and commission ~~such~~ persons as the company	36148
designates, not to exceed one hundred fifty, to act as police	36149
officers for the company at the plant or site owned by ~~such~~the	36150
commission. Police officers so appointed shall be citizens of this	36151
state and of good character. They shall hold office for three	36152
years, unless, for good cause shown, their commission is revoked	36153
by the governor or by the company, as provided by law.	36154

(D)(1) Upon the application of any hospital that is operated	36155
by a public hospital agency or a nonprofit hospital agency and	36156
that employs and maintains its own proprietary police department	36157
or security department and subject to section 4973.171 of the	36158
Revised Code, the governor may appoint and commission any persons	36159
that the hospital designates, or as many of those persons as the	36160
governor considers proper, to act as police officers for the	36161
hospital. No person who is appointed as a police officer under	36162
this division shall engage in any duties or activities as a police	36163
officer for the hospital or any affiliate or subsidiary of the	36164
hospital unless all of the following apply:	36165

(a) The chief of police of the municipal corporation in which	36166
the hospital is located, or, if the hospital is located in the	36167
unincorporated area of a county, the sheriff of that county, has	36168
granted approval to the hospital to permit persons appointed as	36169
police officers under this division to engage in those duties and	36170
activities. The approval required by this division is general in	36171
nature and is intended to cover in the aggregate all persons	36172
appointed as police officers for the hospital under this division;	36173
a separate approval is not required for each appointee on an	36174
individual basis.	36175

(b) Subsequent to the grant of approval described in division	36176
(D)(1)(a) of this section, the hospital has entered into a written	36177
agreement with the chief of police of the municipal corporation in	36178
which the hospital is located, or, if the hospital is located in	36179
the unincorporated area of a county, with the sheriff of that	36180
county, that sets forth the standards and criteria to govern the	36181
interaction and cooperation between persons appointed as police	36182
officers for the hospital under this division and law enforcement	36183
officers serving the agency represented by the chief of police or	36184
sheriff who signed the agreement in areas of their concurrent	36185
jurisdiction. The written agreement shall be signed by the	36186
appointing authority of the hospital and by the chief of police or	36187
sheriff. The standards and criteria may include, but are not	36188
limited to, provisions governing the reporting of offenses	36189
discovered by hospital police officers to the agency represented	36190
by the chief of police or sheriff, provisions governing	36191
investigatory responsibilities relative to offenses committed on	36192
hospital property, and provisions governing the processing and	36193
confinement of persons arrested for offenses committed on hospital	36194
property. The agreement required by this division is intended to	36195
apply in the aggregate to all persons appointed as police officers	36196
for the hospital under this division; a separate agreement is not	36197
required for each appointee on an individual basis.	36198

(c) The person has successfully completed a training program	36199
approved by the Ohio peace officer training commission and has	36200
been certified by the commission. A person appointed as a police	36201
officer under this division may attend a training program approved	36202
by the commission and be certified by the commission regardless of	36203
whether the appropriate chief of police or sheriff has granted the	36204
approval described in division (D)(1)(a) of this section and	36205
regardless of whether the hospital has entered into the written	36206
agreement described in division (D)(1)(b) of this section with the	36207
appropriate chief of police or sheriff.	36208

(2)(a) A person who is appointed as a police officer under	36209
division (D)(1) of this section is entitled, upon the grant of	36210
approval described in division (D)(1)(a) of this section and upon	36211
~~that~~ the person's and the hospital's compliance with the	36212
requirements of divisions (D)(1)(b) and (c) of this section, to	36213
act as a police officer for the hospital on the premises of the	36214
hospital and of its affiliates and subsidiaries that are within	36215
the territory of the municipal corporation served by the chief of	36216
police or the unincorporated area of the county served by the	36217
sheriff who signed the written agreement described in division	36218
(D)(1)(b) of this section, whichever is applicable, and anywhere	36219
else within the territory of that municipal corporation or within	36220
the unincorporated area of that county. The authority to act as a	36221
police officer as described in this division is granted only if	36222
the person, when engaging in that activity, is directly in the	36223
discharge of ~~that~~ the person's duties as a police officer for the	36224
hospital. The authority to act as a police officer as described in	36225
this division shall be exercised in accordance with the standards	36226
and criteria set forth in the written agreement described in	36227
division (D)(1)(b) of this section.	36228

(b) Additionally, a person appointed as a police officer	36229
under division (D)(1) of this section is entitled, upon the grant	36230
of approval described in division (D)(1)(a) of this section and	36231
upon ~~that~~ the person's and the hospital's compliance with the	36232
requirements of divisions (D)(1)(b) and (c) of this section, to	36233
act as a police officer elsewhere, within the territory of a	36234
municipal corporation or within the unincorporated area of a	36235
county, if the chief of police of that municipal corporation or	36236
the sheriff of that county, respectively, has granted approval for	36237
that activity to the hospital, police department, or security	36238
department served by the person as a police officer and if the	36239
person, when engaging in that activity, is directly in the	36240
discharge of ~~that~~ the person's duties as a police officer for the	36241
hospital. The approval described in this division may be general	36242
in nature or may be limited in scope, duration, or applicability,	36243
as determined by the chief of police or sheriff granting the	36244
approval.	36245

(3) Police officers appointed under division (D)(1) of this	36246
section shall hold office for three years, unless, for good cause	36247
shown, their commission is revoked by the governor or by the	36248
hospital, as provided by law. As used in divisions (D)(1) to (3)	36249
of this section, "public hospital agency" and "nonprofit hospital	36250
agency" have the same ~~meaning~~meanings as in section 140.01 of the	36251
Revised Code.	36252

(E) A fee of ~~five~~fifteen dollars for each commission applied	36253
for under this section shall be paid at the time the application	36254
is made, and this amount shall be returned if for any reason a	36255
commission is not issued.	36256

Sec. 5101.11. This section does not apply to contracts	36257
entered into under section ~~5111.022,~~ 5111.90, or 5111.91 of the	36258
Revised Code.	36259

(A) As used in this section:

36260

(1) "Entity" includes an agency, board, commission, or	36261
department of the state or a political subdivision of the state; a	36262
private, nonprofit entity; a school district; a private school; or	36263
a public or private institution of higher education.	36264

(2) "Federal financial participation" means the federal	36265
government's share of expenditures made by an entity in	36266
implementing a program administered by the department of job and	36267
family services.	36268

(B) At the request of any public entity having authority to	36269
implement a program administered by the department of job and	36270
family services or any private entity under contract with a public	36271
entity to implement a program administered by the department, the	36272
department may seek to obtain federal financial participation for	36273
costs incurred by the entity. Federal financial participation may	36274
be sought from programs operated pursuant to Title IV-A, Title	36275
IV-E, and Title XIX of the "Social Security Act," 49 Stat. 620	36276
(1935), 42 U.S.C. 301, as amended; the "Food Stamp Act of 1964,"	36277
78 Stat. 703, 7 U.S.C. 2011, as amended; and any other statute or	36278
regulation under which federal financial participation may be	36279
available, except that federal financial participation may be	36280
sought only for expenditures made with funds for which federal	36281
financial participation is available under federal law.	36282

(C) All funds collected by the department of job and family	36283
services pursuant to division (B) of this section shall be	36284
distributed to the entities that incurred the costs, except for	36285
any amounts retained by the department pursuant to division (D)(3)	36286
of this section.	36287

(D) In distributing federal financial participation pursuant	36288
to this section, the department may either enter into an agreement	36289
with the entity that is to receive the funds or distribute the	36290
funds in accordance with rules adopted under division (F) of this	36291
section. If the department decides to enter into an agreement to	36292
distribute the funds, the agreement may include terms that do any	36293
of the following:	36294

(1) Provide for the whole or partial reimbursement of any	36295
cost incurred by the entity in implementing the program;	36296

(2) In the event that federal financial participation is	36297
disallowed or otherwise unavailable for any expenditure, require	36298
the department of job and family services or the entity, whichever	36299
party caused the disallowance or unavailability of federal	36300
financial participation, to assume responsibility for the	36301
expenditures;	36302

(3) Permit the department to retain not more than five per	36303
cent of the amount of the federal financial participation to be	36304
distributed to the entity;	36305

(4) Require the public entity to certify the availability of	36306
sufficient unencumbered funds to match the federal financial	36307
participation it receives under this section;	36308

(5) Establish the length of the agreement, which may be for a	36309
fixed or a continuing period of time;	36310

(6) Establish any other requirements determined by the	36311
department to be necessary for the efficient administration of the	36312
agreement.	36313

(E) An entity that receives federal financial participation	36314
pursuant to this section for a program aiding children and their	36315
families shall establish a process for collaborative planning with	36316
the department of job and family services for the use of the funds	36317
to improve and expand the program.	36318

(F) The director of job and family services shall adopt rules	36319
as necessary to implement this section, including rules for the	36320
distribution of federal financial participation pursuant to this	36321
section. The rules shall be adopted in accordance with Chapter	36322
119. of the Revised Code. The director may adopt or amend any	36323
statewide plan required by the federal government for a program	36324
administered by the department, as necessary to implement this	36325
section.	36326

(G) Federal financial participation received pursuant to this	36327
section shall not be included in any calculation made under	36328
section 5101.16 or 5101.161 of the Revised Code.	36329

Sec. 5101.12. The department of job and family services shall	36330
maximize its receipt of federal revenue. In fulfilling this duty,	36331
the department may enter into contracts to maximize federal	36332
revenue without the expenditure of state money. In selecting	36333
entities with which to contract, the department shall engage in a	36334
request for proposals process.	36335

Each year in January and July, the department shall submit a	36336
report to the office of budget and management outlining the	36337
department's success in maximizing federal revenue. The office of	36338
budget and management shall establish procedures and requirements	36339
for preparing and submitting the reports and shall compile data	36340
concerning the amount of federal revenue received by the	36341
department. The department shall submit a copy of each of its	36342
reports to the speaker and minority leader of the house of	36343
representatives, the president and minority leader of the senate,	36344
and the legislative service commission.	36345

Sec. 5101.14. (A) As used in this section and section	36346
5101.144 of the Revised Code, "children services" means services	36347
provided to children pursuant to Chapter 5153. of the Revised	36348
Code.	36349

(B) Within available funds, the department of job and family	36350
services shall ~~make payments~~distribute funds to the counties	36351
within thirty days after the beginning of each calendar quarter	36352
for a part of ~~their~~the counties' costs for children services to	36353
~~children performed pursuant to Chapter 5153. of the Revised Code~~.	36354

Funds provided to the county under this section shall be	36355
deposited into the children services fund created pursuant to	36356
section 5101.144 of the Revised Code.	36357

~~(B)(1) The funds distributed under this section shall be used~~	36358
~~for the following:~~	36359

~~(a) Home-based services to children and families;~~

36360

~~(b) Protective services to children;~~

36361

~~(c) To find, develop, and approve adoptive homes;~~

36362

~~(d) Short-term, out-of-home care and treatment for children;~~

36363

~~(e) Costs for the care of a child who resides with a~~	36364
~~caretaker relative, other than the child's parent, and is in the~~	36365
~~legal custody of a public children services agency pursuant to a~~	36366
~~voluntary temporary custody agreement entered into under division~~	36367
~~(A) of section 5103.15 of the Revised Code or in the legal custody~~	36368
~~of a public children services agency or the caretaker relative~~	36369
~~pursuant to an allegation or adjudication of abuse, neglect, or~~	36370
~~dependency made under Chapter 2151. of the Revised Code;~~	36371

~~(f) Other services a public children services agency~~	36372
~~considers necessary to protect children from abuse, neglect, or~~	36373
~~dependency.~~	36374

~~(2) No funds distributed under this section shall be used for~~	36375
~~the costs of maintaining a child in a children's home owned and~~	36376
~~operated by the county.~~	36377

(C) In each fiscal year, the amount of funds available for	36378
distribution under this section shall be allocated to counties as	36379
follows:	36380

(1) If the amount is less than the amount initially	36381
appropriated for the immediately preceding fiscal year, each	36382
county shall receive an amount equal to the percentage of the	36383
funding it received in the immediately preceding fiscal year,	36384
exclusive of any releases from or additions to the allocation or	36385
any sanctions imposed under this section;	36386

(2) If the amount is equal to the amount initially	36387
appropriated for the immediately preceding fiscal year, each	36388
county shall receive an amount equal to the amount it received in	36389
the preceding fiscal year, exclusive of any releases from or	36390
additions to the allocation or any sanctions imposed under this	36391
section;	36392

(3) If the amount is greater than the amount initially	36393
appropriated for the immediately preceding fiscal year, each	36394
county shall receive the amount determined under division (C)(2)	36395
of this section as a base allocation, plus a percentage of the	36396
amount that exceeds the amount initially appropriated for the	36397
immediately preceding fiscal year. The amount exceeding the amount	36398
initially appropriated in the immediately preceding fiscal year	36399
shall be allocated to the counties as follows:	36400

(a) Twelve per cent divided equally among all counties;

36401

(b) Forty-eight per cent in the ratio that the number of	36402
residents of the county under the age of eighteen bears to the	36403
total number of such persons residing in this state;	36404

(c) Forty per cent in the ratio that the number of residents	36405
of the county with incomes under the federal poverty guideline	36406
bears to the total number of such persons in this state.	36407

As used in division (C)(3)(c) of this section, "federal	36408
poverty guideline" means the poverty guideline as defined by the	36409
United States office of management and budget and revised by the	36410
United States secretary of health and human services in accordance	36411
with section 673 of the "Community Services Block Grant Act," 95	36412
Stat. 511 (1981), 42 U.S.C.A. 9902, as amended.	36413

(D) ~~The director of job and family services may adopt rules~~	36414
~~as necessary for the allocation of funds under this section. The~~	36415
~~rules shall be adopted in accordance with section 111.15 of the~~	36416
~~Revised Code.~~	36417

~~(E)(1) As used in this division, "services to children" means~~	36418
~~children's protective services, home-based services to children~~	36419
~~and families, foster home services, residential treatment~~	36420
~~services, adoptive services, and independent living services.~~	36421

~~(2) Except as otherwise provided in this section, the~~	36422
~~allocation of funds for a fiscal year to a county under this~~	36423
~~section shall be reduced by the department if in the preceding~~	36424
~~calendar year the total amount expended for services to children~~	36425
~~from local funds was less than the total expended from that source~~	36426
~~in the second preceding calendar year. The reduction shall be~~	36427
~~equal to the difference between the total expended in the~~	36428
~~preceding calendar year and the total expended in the second~~	36429
~~preceding calendar year.~~	36430

~~The determination of whether the amount expended for services~~	36431
~~to children was less in the preceding calendar year than in the~~	36432
~~second preceding calendar year shall not include a difference due~~	36433
~~to any of the following factors to the extent that the difference~~	36434
~~does not exceed the amount attributable to that factor:~~	36435

~~(a) An across-the-board reduction in the county budget as a~~	36436
~~whole;~~	36437

~~(b) A reduced or failed levy specifically earmarked for~~	36438
~~children services;~~	36439

~~(c) The closure of, or a reduction in the operating capacity~~	36440
~~of, a children's home owned and operated by the county.~~	36441

~~(3) Funds withheld under this division may be reallocated by~~	36442
~~the department to other counties. The department may grant whole~~	36443
~~or partial waivers of the provisions of this division.~~	36444

~~(F) Children who are in the temporary or permanent custody of~~	36445
~~a certified public or private nonprofit agency or institution, or~~	36446
~~who are in adoptions subsidized under division (B) of section~~	36447
~~5153.163 of the Revised Code are eligible for medical assistance~~	36448
~~through the medical assistance program established under section~~	36449
~~5111.01 of the Revised Code.~~	36450

~~(G)~~ Within ninety days after the end of each state fiscal	36451
~~year~~biennium, each county shall return any unspent funds to the	36452
department.	36453

~~(H) In accordance with Chapter 119. of the Revised Code, the~~	36454
(E) The director ~~shall~~of job and family services may adopt~~, and~~	36455
~~may amend and rescind,~~the following rules in accordance with	36456
section 111.15 of the Revised Code:	36457

(1) Rules that are necessary for the allocation of funds	36458
under this section;	36459

(2) Rules prescribing reports on expenditures to be submitted	36460
by the counties as necessary for the implementation of this	36461
section.	36462

Sec. 5101.141. (A) As used in sections 5101.141 to 5101.1410	36463
of the Revised Code, "Title IV-E" means Title IV-E of the "Social	36464
Security Act," 94 Stat. 501, 42 U.S.C. 670 (1980), as amended.	36465

(B) The department of job and family services shall act as	36466
the single state agency to administer federal payments for foster	36467
care and adoption assistance made pursuant to Title IV-E ~~of the~~	36468
~~"Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670 (1980), as~~	36469
~~amended~~. The director of job and family services shall adopt rules	36470
to implement this authority. Internal management rules governing	36471
financial and administrative requirements applicable to public	36472
children services agencies~~, private child placing agencies,~~ and	36473
~~private noncustodial agencies~~government entities that provide	36474
Title IV-E reimbursable placement services to children shall be	36475
adopted in accordance with section 111.15 of the Revised Code.	36476
Rules governing requirements applicable to private child placing	36477
agencies and private noncustodial agencies and rules establishing	36478
eligibility, program participation, and other requirements	36479
concerning Title IV-E shall be adopted in accordance with Chapter	36480
119. of the Revised Code. A public children services agency to	36481
which the department distributes Title IV-E funds shall administer	36482
the funds in accordance with those rules.	36483

~~(B)~~(C)(1) The county, on behalf of each child eligible for	36484
foster care maintenance payments under Title IV-E ~~of the "Social~~	36485
~~Security Act~~," shall make payments to cover the cost of providing	36486
all of the following:	36487

(a) The child's food, clothing, shelter, daily supervision,	36488
and school supplies;	36489

(b) The child's personal incidentals;

36490

36491

(2) In addition to payments made under division ~~(B)~~(C)(1) of	36492
this section, the county may, on behalf of each child eligible for	36493
foster care maintenance payments under Title IV-E ~~of the "Social~~	36494
~~Security Act~~," make payments to cover the cost of providing the	36495
following:	36496

(a) Liability insurance with respect to the child;

36497

(b) If the county is participating in the demonstration	36498
project established under division (A) of section 5101.142 of the	36499
Revised Code, services provided under the project.	36500

(3) With respect to a child who is in a child-care	36501
institution, including any type of group home designed for the	36502
care of children or any privately operated program consisting of	36503
two or more certified foster homes operated by a common	36504
administrative unit, the foster care maintenance payments made by	36505
the county on behalf of the child shall include the reasonable	36506
cost of the administration and operation of the institution, group	36507
home, or program, as necessary to provide the items described in	36508
divisions ~~(B)~~(C)(1) and (2) of this section.	36509

~~(C)~~(D) To the extent that either foster care maintenance	36510
payments under division ~~(B)~~(C) of this section or Title IV-E	36511
adoption assistance payments for maintenance costs require the	36512
expenditure of county funds, the board of county commissioners	36513
shall report the nature and amount of each expenditure of county	36514
funds to the department.	36515

~~(D)~~(E) The department shall distribute to public children	36516
services agencies that incur and report such expenditures federal	36517
financial participation received for administrative and training	36518
costs incurred in the operation of foster care maintenance and	36519
adoption assistance programs. The department may withhold not more	36520
than three per cent of the federal financial participation	36521
received. The funds withheld may be used only to fund the Ohio	36522
child welfare training program established under section 5153.60	36523
of the Revised Code and the university partnership program for	36524
college and university students majoring in social work who have	36525
committed to work for a public children services agency upon	36526
graduation. The funds withheld shall be in addition to any	36527
administration and training cost for which the department is	36528
reimbursed through its own cost allocation plan.	36529

~~(E)~~(F) All federal financial participation funds received by	36530
a county pursuant to this section shall be deposited into the	36531
county's children services fund created pursuant to section	36532
5101.144 of the Revised Code.	36533

~~(F)~~(G) The department shall periodically publish and	36534
distribute the maximum amounts that the department will reimburse	36535
public children services agencies for making payments on behalf of	36536
children eligible for foster care maintenance payments.	36537

~~(G)~~(H) The department, by and through its director, is hereby	36538
authorized to develop, participate in the development of,	36539
negotiate, and enter into one or more interstate compacts on	36540
behalf of this state with agencies of any other states, for the	36541
provision of medical assistance and other social services to	36542
children in relation to whom all of the following apply:	36543

(1) They have special needs.

36544

(2) This state or another state that is a party to the	36545
interstate compact is providing adoption assistance on their	36546
behalf.	36547

(3) They move into this state from another state or move out	36548
of this state to another state.	36549

Sec. 5101.142. (A) The department of job and family services	36550
may apply to the United States secretary of health and human	36551
services for a waiver of requirements established under Title IV-E	36552
~~of the "Social Security Act," 94 Stat. 501, 42 U.S.C.A. 670~~	36553
~~(1980)~~, or regulations adopted thereunder, to conduct a	36554
demonstration project expanding eligibility for and services	36555
provided under Title IV-E. The department may enter into	36556
agreements with the secretary necessary to implement the	36557
demonstration project, including agreements establishing the terms	36558
and conditions of the waiver authorizing the project. If a	36559
demonstration project is to be established, the department shall	36560
do all of the following:	36561

(1) Have the director of job and family services adopt rules	36562
in accordance with Chapter 119. of the Revised Code governing the	36563
project. The rules shall be consistent with the agreements the	36564
department enters into with the secretary.	36565

(2) Enter into agreements with public children services	36566
agencies that the department selects for participation in the	36567
project. The department shall not select an agency that objects to	36568
participation or refuses to be bound by the terms and conditions	36569
of the project.	36570

(3) Contract with persons or governmental agencies providing	36571
services under the project;	36572

(4) Amend the state plan required by section 471 of the	36573
"Social Security Act," 42 U.S.C.A. 671, as amended, as needed to	36574
implement the project;	36575

(5) Conduct ongoing evaluations of the project;

36576

(6) Perform other administrative and operational activities	36577
required by the agreement with the secretary.	36578

(B) The department may apply to the United States secretary	36579
of health and human services for a waiver of the requirements	36580
established under Title IV-B of the "Social Security Act of 1967,"	36581
81 Stat. 821, 42 U.S.C.A. 620 or regulations adopted thereunder	36582
and established under any other federal law or regulations that	36583
affect the children services functions prescribed by Chapter 5153.	36584
of the Revised Code, to conduct demonstration projects or	36585
otherwise improve the effectiveness and efficiency of the children	36586
services function.	36587

Sec. 5101.144. ~~As used in this section, "children services"~~	36588
~~means services provided to children pursuant to Chapter 5153. of~~	36589
~~the Revised Code.~~	36590

Each county shall deposit all funds its public children	36591
services agency receives from appropriations made by the board of	36592
county commissioners or any other source for the purpose of	36593
providing children services into a special fund in the county	36594
treasury known as the children services fund. A county shall use	36595
money in the fund only for the purposes of meeting the expenses of	36596
providing children services.	36597

Sec. 5101.145. (A) ~~For the purposes of this section, "Title~~	36598
~~IV-E" means Title IV-E of the "Social Security Act," 94 Stat. 501,~~	36599
~~42 U.S.C.A. 670 (1980).~~	36600

~~(B)~~ In adopting rules under section 5101.141 of the Revised	36601
Code regarding financial requirements applicable to public	36602
children services agencies, private child placing agencies, ~~and~~	36603
private noncustodial agencies, and government entities that	36604
provide Title IV-E reimbursable placement services to children,	36605
the department of job and family services shall establish both of	36606
the following:	36607

(1) A single form for the agencies or entities to report	36608
costs reimbursable under Title IV-E and costs reimbursable under	36609
medicaid;	36610

(2) Procedures to monitor cost reports submitted by the	36611
agencies or entities.	36612

~~(C)~~(B) The procedures established under division ~~(B)~~(A)(2) of	36613
this section shall be implemented not later than October 1, 2003.	36614
The procedures shall be used to do both of the following:	36615

(1) Determine which of the costs are reimbursable under Title	36616
IV-E;	36617

(2) Ensure that costs reimbursable under medicaid are	36618
excluded from determinations made under division ~~(C)~~(B)(1) of this	36619
section.	36620

Sec. 5101.146. The department of job and family services	36621
shall establish the following penalties, which shall be enforced	36622
at the discretion of the department, for the failure of a public	36623
children services agency, private child placing agency, or private	36624
noncustodial agency, or government entity that provides Title IV-E	36625
reimbursable placement services to children to comply with	36626
procedures the department establishes to ensure fiscal	36627
accountability:	36628

(A) For initial failure, the department and the agency or	36629
entity involved shall jointly develop and implement a corrective	36630
action plan according to a specific schedule. If requested by the	36631
agency or entity involved, the department shall provide technical	36632
assistance to the agency or entity to ensure the fiscal	36633
accountability procedures and goals of the plan are met.	36634

(B) For subsequent failures or failure to achieve the goals	36635
of the plan described in division (A) of this section, ~~either~~one	36636
of the following:	36637

(1) For public children services agencies, the department may	36638
take any action permitted under division (B)(3), (4), or (5) of	36639
section 5101.24 of the Revised Code.	36640

(2) For private child placing agencies or private	36641
noncustodial agencies, cancellation of any Title IV-E allowability	36642
rates for the agency involved pursuant to section 5101.141 of the	36643
Revised Code or revocation pursuant to Chapter 119. of the Revised	36644
Code of that agency's certificate issued under section 5103.03 of	36645
the Revised Code;	36646

(3) For government entities, other than public children	36647
services agencies, that provide Title IV-E reimbursable placement	36648
services to children, cancellation of any Title IV-E allowability	36649
rates for the entity involved pursuant to section 5101.141 of the	36650
Revised Code.	36651

Sec. 5101.1410. In addition to the remedies available under	36652
sections 5101.146 and 5101.24 of the Revised Code, the department	36653
of job and family services may certify a claim to the attorney	36654
general under section 131.02 of the Revised Code for the attorney	36655
general to take action under that section against a public	36656
children services agency, private child placing agency, private	36657
noncustodial agency, or government entity that provides Title IV-E	36658
reimbursable placement services to children if all of the	36659
following are the case:	36660

(A) The agency or entity files a cost report with the	36661
department pursuant to rules adopted under division (B) of section	36662
5101.141 of the Revised Code.	36663

(B) The department receives and distributes federal Title	36664
IV-E reimbursement funds based on the cost report.	36665

(C) The agency's or entity's misstatement, misclassification,	36666
overstatement, understatement, or other inclusion or omission of	36667
any cost included in the cost report causes the United States	36668
department of health and human services to disallow all or part of	36669
the federal Title IV-E reimbursement funds the department received	36670
and distributed.	36671

Sec. 5101.16. (A) As used in this section and sections	36672
5101.161 and 5101.162 of the Revised Code:	36673

(1) "Disability financial assistance" means the financial ~~and~~	36674
~~medical~~ assistance ~~provided~~program established under Chapter	36675
5115. of the Revised Code.	36676

(2) "Disability medical assistance" means the medical	36677
assistance program established under Chapter 5115. of the Revised	36678
Code.	36679

(3) "Food stamps" means the program administered by the	36680
department of job and family services pursuant to section 5101.54	36681
of the Revised Code.	36682

~~(3)~~(4) "Medicaid" means the medical assistance program	36683
established by Chapter 5111. of the Revised Code, excluding	36684
transportation services provided under that chapter.	36685

~~(4)~~(5) "Ohio works first" means the program established by	36686
Chapter 5107. of the Revised Code.	36687

~~(5)~~(6) "Prevention, retention, and contingency" means the	36688
program established by Chapter 5108. of the Revised Code.	36689

~~(6)~~(7) "Public assistance expenditures" means expenditures	36690
for all of the following:	36691

(a) Ohio works first;

36692

(b) County administration of Ohio works first;

36693

36694

(d) County administration of prevention, retention, and	36695
contingency;	36696

(e) Disability financial assistance;

36697

(f) Disability medical assistance;

36698

(g) County administration of disability financial assistance;

36699

~~(g)~~(h) County administration of disability medical	36700
assistance;	36701

(i) County administration of food stamps;

36702

~~(h)~~(j) County administration of medicaid.

36703

(7) "Title IV-A program" has the same meaning as in section	36704
5101.80 of the Revised Code.	36705

(B) Each board of county commissioners shall pay the county	36706
share of public assistance expenditures in accordance with section	36707
5101.161 of the Revised Code. Except as provided in division (C)	36708
of this section, a county's share of public assistance	36709
expenditures is the sum of all of the following for state fiscal	36710
year 1998 and each state fiscal year thereafter:	36711

(1) The amount that is twenty-five per cent of the county's	36712
total expenditures for disability financial assistance and	36713
disability medical assistance and county administration of	36714
~~disability assistance~~those programs during the state fiscal year	36715
ending in the previous calendar year that the department of job	36716
and family services determines are allowable.	36717

(2) The amount that is ten per cent, or other percentage	36718
determined under division (D) of this section, of the county's	36719
total expenditures for county administration of food stamps and	36720
medicaid during the state fiscal year ending in the previous	36721
calendar year that the department determines are allowable, less	36722
the amount of federal reimbursement credited to the county under	36723
division (E) of this section for the state fiscal year ending in	36724
the previous calendar year;	36725

(3)~~(a) Except as provided in division (B)(3)(b) of this~~	36726
~~section,~~A percentage of the actual amount~~, as determined by the~~	36727
~~department of job and family services from expenditure reports~~	36728
~~submitted to the United States department of health and human~~	36729
~~services,~~ of the county share of program and administrative	36730
expenditures during federal fiscal year 1994 for assistance and	36731
services, other than child day-care, provided under Titles IV-A	36732
and IV-F of the "Social Security Act," 49 Stat. 620 (1935), 42	36733
U.S.C. 301, as those titles existed prior to the enactment of the	36734
"Personal Responsibility and Work Opportunity Reconciliation Act	36735
of 1996," 110 Stat. 2105. The department of job and family	36736
services shall determine the actual amount of the county share	36737
from expenditure reports submitted to the United States department	36738
of health and human services. The percentage shall be the	36739
percentage established in rules adopted under division (F) of this	36740
section.	36741

~~(b) For state fiscal years 2000 and 2001, seventy-seven per~~	36742
~~cent of the amount determined under division (B)(3)(a) of this~~	36743
~~section.~~	36744

(C)(1) If a county's share of public assistance expenditures	36745
determined under division (B) of this section for a state fiscal	36746
year exceeds one hundred ten per cent of the county's share for	36747
those expenditures for the immediately preceding state fiscal	36748
year, the department of job and family services shall reduce the	36749
county's share for expenditures under divisions (B)(1) and (2) of	36750
this section so that the total of the county's share for	36751
expenditures under division (B) of this section equals one hundred	36752
ten per cent of the county's share of those expenditures for the	36753
immediately preceding state fiscal year.	36754

(2) A county's share of public assistance expenditures	36755
determined under division (B) of this section may be increased	36756
pursuant to a sanction under section 5101.24 of the Revised Code.	36757

(D)(1) If the per capita tax duplicate of a county is less	36758
than the per capita tax duplicate of the state as a whole and	36759
division (D)(2) of this section does not apply to the county, the	36760
percentage to be used for the purpose of division (B)(2) of this	36761
section is the product of ten multiplied by a fraction of which	36762
the numerator is the per capita tax duplicate of the county and	36763
the denominator is the per capita tax duplicate of the state as a	36764
whole. The department of job and family services shall compute the	36765
per capita tax duplicate for the state and for each county by	36766
dividing the tax duplicate for the most recent available year by	36767
the current estimate of population prepared by the department of	36768
development.	36769

(2) If the percentage of families in a county with an annual	36770
income of less than three thousand dollars is greater than the	36771
percentage of such families in the state and division (D)(1) of	36772
this section does not apply to the county, the percentage to be	36773
used for the purpose of division (B)(2) of this section is the	36774
product of ten multiplied by a fraction of which the numerator is	36775
the percentage of families in the state with an annual income of	36776
less than three thousand dollars a year and the denominator is the	36777
percentage of such families in the county. The department of job	36778
and family services shall compute the percentage of families with	36779
an annual income of less than three thousand dollars for the state	36780
and for each county by multiplying the most recent estimate of	36781
such families published by the department of development, by a	36782
fraction, the numerator of which is the estimate of average annual	36783
personal income published by the bureau of economic analysis of	36784
the United States department of commerce for the year on which the	36785
census estimate is based and the denominator of which is the most	36786
recent such estimate published by the bureau.	36787

(3) If the per capita tax duplicate of a county is less than	36788
the per capita tax duplicate of the state as a whole and the	36789
percentage of families in the county with an annual income of less	36790
than three thousand dollars is greater than the percentage of such	36791
families in the state, the percentage to be used for the purpose	36792
of division (B)(2) of this section shall be determined as follows:	36793

(a) Multiply ten by the fraction determined under division	36794
(D)(1) of this section;	36795

(b) Multiply the product determined under division (D)(3)(a)	36796
of this section by the fraction determined under division (D)(2)	36797
of this section.	36798

(4) The department of job and family services shall	36799
determine, for each county, the percentage to be used for the	36800
purpose of division (B)(2) of this section not later than the	36801
first day of July of the year preceding the state fiscal year for	36802
which the percentage is used.	36803

(E) The department of job and family services shall credit to	36804
a county the amount of federal reimbursement the department	36805
receives from the United States departments of agriculture and	36806
health and human services for the county's expenditures for	36807
administration of food stamps and medicaid that the department	36808
determines are allowable administrative expenditures.	36809

(F)(1) The director of job and family services shall adopt	36810
rules in accordance with section 111.15 of the Revised Code to	36811
establish all of the following:	36812

~~(1)~~(a) The method the department is to use to change a	36813
county's share of public assistance expenditures determined under	36814
division (B) of this section as provided in division (C) of this	36815
section;	36816

~~(2)~~(b) The allocation methodology and formula the department	36817
will use to determine the amount of funds to credit to a county	36818
under this section;	36819

~~(3)~~(c) The method the department will use to change the	36820
payment of the county share of public assistance expenditures from	36821
a calendar-year basis to a state fiscal year basis;	36822

~~(4)~~(d) The percentage to be used for the purpose of division	36823
(B)(3) of this section, which shall meet both of the following	36824
requirements:	36825

(i) The percentage shall not be less than seventy-five per	36826
cent nor more than eighty-two per cent;	36827

(ii) The percentage shall not exceed the percentage that the	36828
state's qualified state expenditures is of the state's historic	36829
state expenditures as those terms are defined in 42 U.S.C.	36830
609(a)(7).	36831

(e) Other procedures and requirements necessary to implement	36832
this section.	36833

(2) The director of job and family services may amend the	36834
rule adopted under division (F)(1)(d) of this section to modify	36835
the percentage on determination that the amount the general	36836
assembly appropriates for Title IV-A programs makes the	36837
modification necessary. The rule shall be adopted and amended as	36838
if an internal management rule and in consultation with the	36839
director of budget and management.	36840

Sec. 5101.18. (A) When the director of job and family	36841
services adopts rules under section 5107.05 regarding income	36842
requirements for the Ohio works first program and under section	36843
~~5115.05~~5115.03 of the Revised Code regarding income and resource	36844
requirements for the disability financial assistance program, the	36845
director shall determine what payments shall be regarded or	36846
disregarded. In making this determination, the director shall	36847
consider:	36848

(1) The source of the payment;

36849

(2) The amount of the payment;

36850

(3) The purpose for which the payment was made;

36851

(4) Whether regarding the payment as income would be in the	36852
public interest;	36853

(5) Whether treating the payment as income would be	36854
detrimental to any of the programs administered in whole or in	36855
part by the department of job and family services and whether such	36856
determination would jeopardize the receipt of any federal grant or	36857
payment by the state or any receipt of aid under Chapter 5107. of	36858
the Revised Code.	36859

(B) Any recipient of aid under Title XVI of the "Social	36860
Security Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended,	36861
whose money payment is discontinued as the result of a general	36862
increase in old-age, survivors, and disability insurance benefits	36863
under such act, shall remain a recipient for the purpose of	36864
receiving medical assistance through the medical assistance	36865
program established under section 5111.01 of the Revised Code.	36866

Sec. 5101.181. (A) As used in this section and section	36867
5101.182 of the Revised Code, "public assistance" includes, in	36868
addition to Ohio works first~~; prevention~~, all of the following:	36869

(1) Prevention retention, and contingency; ~~medicaid~~

36870

(2) Medicaid; ~~and disability~~

36871

(3) Disability financial assistance~~, general~~;

36872

(4) Disability medical assistance;

36873

(5) General assistance provided prior to July 17, 1995, under	36874
former Chapter 5113. of the Revised Code.	36875

(B) As part of the procedure for the determination of	36876
overpayment to a recipient of public assistance under Chapter	36877
5107., 5108., 5111., or 5115. of the Revised Code, the director of	36878
job and family services shall furnish quarterly the name and	36879
social security number of each individual who receives public	36880
assistance to the director of administrative services, the	36881
administrator of the bureau of workers' compensation, and each of	36882
the state's retirement boards. Within fourteen days after	36883
receiving the name and social security number of an individual who	36884
receives public assistance, the director of administrative	36885
services, administrator, or board shall inform the auditor of	36886
state as to whether such individual is receiving wages or	36887
benefits, the amount of any wages or benefits being received, the	36888
social security number, and the address of the individual. The	36889
director of administrative services, administrator, boards, and	36890
any agent or employee of those officials and boards shall comply	36891
with the rules of the director of job and family services	36892
restricting the disclosure of information regarding recipients of	36893
public assistance. Any person who violates this provision shall	36894
thereafter be disqualified from acting as an agent or employee or	36895
in any other capacity under appointment or employment of any state	36896
board, commission, or agency.	36897

(C) The auditor of state may enter into a reciprocal	36898
agreement with the director of job and family services or	36899
comparable officer of any other state for the exchange of names,	36900
current or most recent addresses, or social security numbers of	36901
persons receiving public assistance under Title IV-A or under	36902
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	36903
U.S.C. 301, as amended.	36904

(D)(1) The auditor of state shall retain, for not less than	36905
two years, at least one copy of all information received under	36906
this section and sections 145.27, 742.41, 3307.20, 3309.22,	36907
4123.27, 5101.182, and 5505.04 of the Revised Code. The auditor	36908
shall review the information to determine whether overpayments	36909
were made to recipients of public assistance under Chapters 5107.,	36910
5108., 5111., and 5115. of the Revised Code. The auditor of state	36911
shall initiate action leading to prosecution, where warranted, of	36912
recipients who received overpayments by forwarding the name of	36913
each recipient who received overpayment, together with other	36914
pertinent information, to the director of job and family services	36915
and the attorney general, to the district director of job and	36916
family services of the district through which public assistance	36917
was received, and to the county director of job and family	36918
services and county prosecutor of the county through which public	36919
assistance was received.	36920

(2) The auditor of state and the attorney general or their	36921
designees may examine any records, whether in computer or printed	36922
format, in the possession of the director of job and family	36923
services or any county director of job and family services. They	36924
shall provide safeguards which restrict access to such records to	36925
purposes directly connected with an audit or investigation,	36926
prosecution, or criminal or civil proceeding conducted in	36927
connection with the administration of the programs and shall	36928
comply with the rules of the director of job and family services	36929
restricting the disclosure of information regarding recipients of	36930
public assistance. Any person who violates this provision shall	36931
thereafter be disqualified from acting as an agent or employee or	36932
in any other capacity under appointment or employment of any state	36933
board, commission, or agency.	36934

(3) Costs incurred by the auditor of state in carrying out	36935
the auditor of state's duties under this division shall be borne	36936
by the auditor of state.	36937

Sec. 5101.214. The director of job and family services may	36938
enter into agreements with one-stop operators and one-stop	36939
partners for the purpose of implementing the requirements of	36940
section 121 of the "Workforce Investment Act of 1998," 112 Stat.	36941
936, 29 U.S.C. 2801.	36942

Sec. 5101.36. Any application for public assistance gives a	36943
right of subrogation to the department of job and family services	36944
for any workers' compensation benefits payable to a person who is	36945
subject to a support order, as defined in section 3119.01 of the	36946
Revised Code, on behalf of the applicant, to the extent of any	36947
public assistance payments made on the applicant's behalf. If the	36948
director of job and family services, in consultation with a child	36949
support enforcement agency and the administrator of the bureau of	36950
workers' compensation, determines that a person responsible for	36951
support payments to a recipient of public assistance is receiving	36952
workers' compensation, the director shall notify the administrator	36953
of the amount of the benefit to be paid to the department of job	36954
and family services.	36955

For purposes of this section, "public assistance" means	36956
medical assistance provided through the medical assistance program	36957
established under section 5111.01 of the Revised Code; Ohio works	36958
first provided under Chapter 5107. of the Revised Code;	36959
prevention, retention, and contingency benefits and services	36960
provided under Chapter 5108. of the Revised Code; or disability	36961
financial assistance provided under Chapter 5115. of the Revised	36962
Code; or disability medical assistance provided under Chapter	36963
5115. of the Revised Code.	36964

Sec. 5101.58. As used in this section and section 5101.59 of	36965
the Revised Code, "public assistance" means aid provided under	36966
Chapter 5111. or 5115. of the Revised Code and participation in	36967
the Ohio works first program established under Chapter 5107. of	36968
the Revised Code.	36969

The acceptance of public assistance gives a right of recovery	36970
to the department of job and family services and a county	36971
department of job and family services against the liability of a	36972
third party for the cost of medical services and care arising out	36973
of injury, disease, or disability of the public assistance	36974
recipient or participant. When an action or claim is brought	36975
against a third party by a public assistance recipient or	36976
participant, the entire amount of any settlement or compromise of	36977
the action or claim, or any court award or judgment, is subject to	36978
the recovery right of the department of job and family services or	36979
county department of job and family services. Except in the case	36980
of a recipient or participant who receives medical services or	36981
care through a managed care organization, the department's or	36982
county department's claim shall not exceed the amount of medical	36983
expenses paid by the departments on behalf of the recipient or	36984
participant. In the case of a recipient or participant who	36985
receives medical services or care through a managed care	36986
organization, the amount of the department's or county	36987
department's claim shall be the amount the managed care	36988
organization pays for medical services or care rendered to the	36989
recipient or participant, even if that amount is more than the	36990
amount the departments pay to the managed care organization for	36991
the recipient's or participant's medical services or care. Any	36992
settlement, compromise, judgment, or award that excludes the cost	36993
of medical services or care shall not preclude the departments	36994
from enforcing their rights under this section.	36995

Prior to initiating any recovery action, the recipient or	36996
participant, or the recipient's or participant's representative,	36997
shall disclose the identity of any third party against whom the	36998
recipient or participant has or may have a right of recovery.	36999
Disclosure shall be made to the department of job and family	37000
services when medical expenses have been paid pursuant to Chapter	37001
5111. or 5115. of the Revised Code. Disclosure shall be made to	37002
both the department of job and family services and the appropriate	37003
county department of job and family services when medical expenses	37004
have been paid pursuant to Chapter 5115. of the Revised Code. No	37005
settlement, compromise, judgment, or award or any recovery in any	37006
action or claim by a recipient or participant where the	37007
departments have a right of recovery shall be made final without	37008
first giving the appropriate departments notice and a reasonable	37009
opportunity to perfect their rights of recovery. If the	37010
departments are not given appropriate notice, the recipient or	37011
participant is liable to reimburse the departments for the	37012
recovery received to the extent of medical payments made by the	37013
departments. The departments shall be permitted to enforce their	37014
recovery rights against the third party even though they accepted	37015
prior payments in discharge of their rights under this section if,	37016
at the time the departments received such payments, they were not	37017
aware that additional medical expenses had been incurred but had	37018
not yet been paid by the departments. The third party becomes	37019
liable to the department of job and family services or county	37020
department of job and family services as soon as the third party	37021
is notified in writing of the valid claims for recovery under this	37022
section.	37023

The right of recovery does not apply to that portion of any	37024
judgment, award, settlement, or compromise of a claim, to the	37025
extent of attorneys' fees, costs, or other expenses incurred by a	37026
recipient or participant in securing the judgment, award,	37027
settlement, or compromise, or to the extent of medical, surgical,	37028
and hospital expenses paid by such recipient or participant from	37029
the recipient's or participant's own resources. Attorney fees and	37030
costs or other expenses in securing any recovery shall not be	37031
assessed against any claims of the departments.	37032

To enforce their recovery rights, the departments may do any	37033
of the following:	37034

(A) Intervene or join in any action or proceeding brought by	37035
the recipient or participant or on the recipient's or	37036
participant's behalf against any third party who may be liable for	37037
the cost of medical services and care arising out of the	37038
recipient's or participant's injury, disease, or disability;	37039

(B) Institute and pursue legal proceedings against any third	37040
party who may be liable for the cost of medical services and care	37041
arising out of the recipient's or participant's injury, disease,	37042
or disability;	37043

(C) Initiate legal proceedings in conjunction with the	37044
injured, diseased, or disabled recipient or participant or the	37045
recipient's or participant's legal representative.	37046

Recovery rights created by this section may be enforced	37047
separately or jointly by the department of job and family services	37048
and the county department of job and family services.	37049

The right of recovery given to the department under this	37050
section does not include rights to support from any other person	37051
assigned to the state under sections 5107.20 and ~~5115.13~~5115.07	37052
of the Revised Code, but includes payments made by a third party	37053
under contract with a person having a duty to support.	37054

The director of job and family services may adopt rules in	37055
accordance with Chapter 119. of the Revised Code the department	37056
considers necessary to implement this section.	37057

Sec. 5101.59. (A) The application for or acceptance of	37058
public assistance constitutes an automatic assignment of certain	37059
rights to the department of job and family services. This	37060
assignment includes the rights of the applicant, recipient, or	37061
participant and also the rights of any other member of the	37062
assistance group for whom the applicant, recipient, or participant	37063
can legally make an assignment.	37064

Pursuant to this section, the applicant, recipient, or	37065
participant assigns to the department any rights to medical	37066
support available to the applicant, recipient, or participant or	37067
for other members of the assistance group under an order of a	37068
court or administrative agency, and any rights to payments from	37069
any third party liable to pay for the cost of medical care and	37070
services arising out of injury, disease, or disability of the	37071
applicant, recipient, participant, or other members of the	37072
assistance group.	37073

Medicare benefits shall not be assigned pursuant to this	37074
section. Benefits assigned to the department by operation of this	37075
section are directly reimbursable to the department by liable	37076
third parties.	37077

(B) Refusal by the applicant, recipient, or participant to	37078
cooperate in obtaining medical support and payments for self or	37079
any other member of the assistance group renders the applicant,	37080
recipient, or participant ineligible for public assistance, unless	37081
cooperation is waived by the department. Eligibility shall	37082
continue for any individual who cannot legally assign the	37083
individual's own rights and who would have been eligible for	37084
public assistance but for the refusal to assign the individual's	37085
rights or to cooperate as required by this section by another	37086
person legally able to assign the individual's rights.	37087

If the applicant, recipient, or participant or any member of	37088
the assistance group becomes ineligible for public assistance, the	37089
department shall restore to the applicant, recipient, participant,	37090
or member of the assistance group any future rights to benefits	37091
assigned under this section.	37092

The rights of assignment given to the department under this	37093
section do not include rights to support assigned under section	37094
5107.20 or ~~5115.13~~5115.07 of the Revised Code.	37095

(C) The director of job and family services may adopt rules	37096
in accordance with Chapter 119. of the Revised Code to implement	37097
this section, including rules that specify what constitutes	37098
cooperating with efforts to obtain medical support and payments	37099
and when the cooperation requirement may be waived.	37100

Sec. 5101.75. (A) As used in sections 5101.75, 5101.751,	37101
5101.752, 5101.753, and 5101.754 of the Revised Code:	37102

(1) "Alternative source of long-term care" includes a	37103
residential care facility licensed under Chapter 3721. of the	37104
Revised Code, an adult care facility licensed under Chapter 3722.	37105
of the Revised Code, home and community-based services, and a	37106
nursing home licensed under Chapter 3721. of the Revised Code that	37107
is not a nursing facility.	37108

(2) "Medicaid" means the medical assistance program	37109
established under Chapter 5111. of the Revised Code.	37110

(3) "Nursing facility" has the same meaning as in section	37111
5111.20 of the Revised Code.	37112

(4) "Representative" means a person acting on behalf of an	37113
applicant for admission to a nursing facility. A representative	37114
may be a family member, attorney, hospital social worker, or any	37115
other person chosen to act on behalf of an applicant.	37116

(5) "Third-party payment source" means a third-party payer as	37117
defined in section 3901.38 of the Revised Code or medicaid.	37118

(B) Effective July 1, 1994, the department of job and family	37119
services may assess a person applying or intending to apply for	37120
admission to a nursing facility who is not an applicant for or	37121
recipient of medicaid to determine whether the person is in need	37122
of nursing facility services and whether an alternative source of	37123
long-term care is more appropriate for the person in meeting the	37124
person's physical, mental, and psychosocial needs than admission	37125
to the facility to which the person has applied.	37126

Each assessment shall be performed by the department or an	37127
agency designated by the department under section 5101.751 of the	37128
Revised Code and shall be based on information provided by the	37129
person or the person's representative. It shall consider the	37130
person's physical, mental, and psychosocial needs and the	37131
availability and effectiveness of informal support and care. The	37132
department or designated agency shall determine the person's	37133
physical, mental, and psychosocial needs by using, to the maximum	37134
extent appropriate, information from the resident assessment	37135
instrument specified in rules adopted by the department under	37136
division (A) of section 5111.231 of the Revised Code. The	37137
department or designated agency shall also use the criteria and	37138
procedures established in rules adopted by the department under	37139
division (I) of this section. Assessments may be performed only by	37140
persons certified by the department under section 5101.752 of the	37141
Revised Code. The department or designated agency shall make a	37142
recommendation on the basis of the assessment and, not later than	37143
the time the assessment is required to be performed under division	37144
(D) of this section, give the person assessed written notice of	37145
the recommendation, which shall explain the basis for the	37146
recommendation. If the department or designated agency determines	37147
pursuant to an assessment that an alternative source of long-term	37148
care is more appropriate for the person than admission to the	37149
facility to which the person has applied, the department or	37150
designated agency shall include in the notice possible sources of	37151
financial assistance for the alternative source of long-term care.	37152
If the department or designated agency has been informed that the	37153
person has a representative, it shall give the notice to the	37154
representative.	37155

(C) A person is not required to be assessed under division	37156
(B) of this section if any of the following apply:	37157

(1) The circumstances specified by rules adopted under	37158
division (I) of this section exist.	37159

(2) The person is to receive care in a nursing facility under	37160
a contract for continuing care as defined in section 173.13 of the	37161
Revised Code.	37162

(3) The person has a contractual right to admission to a	37163
nursing facility operated as part of a system of continuing care	37164
in conjunction with one or more facilities that provide a less	37165
intensive level of services, including a residential care facility	37166
licensed under Chapter 3721. of the Revised Code, an adult-care	37167
facility licensed under Chapter 3722. of the Revised Code, or an	37168
independent living arrangement;	37169

(4) The person is to receive continual care in a home for the	37170
aged exempt from taxation under section 5701.13 of the Revised	37171
Code;	37172

(5) The person is to receive care in the nursing facility for	37173
not more than fourteen days in order to provide temporary relief	37174
to the person's primary caregiver and the nursing facility	37175
notifies the department of the person's admittance not later than	37176
twenty-four hours after admitting the person;	37177

(6) The person is to be transferred from another nursing	37178
facility, unless the nursing facility from which or to which the	37179
person is to be transferred determines that the person's medical	37180
condition has changed substantially since the person's admission	37181
to the nursing facility from which the person is to be transferred	37182
or a review is required by a third-party payment source;	37183

(7) The person is to be readmitted to a nursing facility	37184
following a period of hospitalization, unless the hospital or	37185
nursing facility determines that the person's medical condition	37186
has changed substantially since the person's admission to the	37187
hospital, or a review is required by a third-party payment source;	37188

(8) The department or designated agency fails to complete an	37189
assessment within the time required by division (D) or (E) of this	37190
section or determines after a partial assessment that the person	37191
should be exempt from the assessment.	37192

(D) The department or designated agency shall perform a	37193
complete assessment, or, if circumstances provided by rules	37194
adopted under division (I) of this section exist, a partial	37195
assessment, as follows:	37196

(1) In the case of a hospitalized person applying or	37197
intending to apply to a nursing facility, not later than two	37198
working days after the person or the person's representative is	37199
notified that a bed is available in a nursing facility;	37200

(2) In the case of an emergency as determined in accordance	37201
with rules adopted under division (I) of this section, not later	37202
than one working day after the person or the person's	37203
representative is notified that a bed is available in a nursing	37204
facility;	37205

(3) In all other cases, not later than five calendar days	37206
after the person or the person's representative who submits the	37207
application is notified that a bed is available in a nursing	37208
facility.	37209

(E) If the department or designated agency conducts a partial	37210
assessment under division (D) of this section, it shall complete	37211
the rest of the assessment not later than one hundred eighty days	37212
after the date the person is admitted to the nursing facility	37213
unless the assessment entity determines the person should be	37214
exempt from the assessment.	37215

(F) A person assessed under this section or the person's	37216
representative may file a complaint with the department about the	37217
assessment process. The department shall work to resolve the	37218
complaint in accordance with rules adopted under division (I) of	37219
this section.	37220

(G) A person is not required to seek an alternative source of	37221
long-term care and may be admitted to or continue to reside in a	37222
nursing facility even though an alternative source of long-term	37223
care is available or the person is determined pursuant to an	37224
assessment under this section not to need nursing facility	37225
services.	37226

(H) No nursing facility ~~with~~for which an operator has a	37227
provider agreement with the department under section 5111.22 of	37228
the Revised Code shall admit or retain any person, other than a	37229
person exempt from the assessment requirement as provided by	37230
division (C) of this section, as a resident unless the nursing	37231
facility has received evidence that a complete or partial	37232
assessment has been completed.	37233

(I) The director of job and family services shall adopt rules	37234
in accordance with Chapter 119. of the Revised Code to implement	37235
and administer this section. The rules shall include all of the	37236
following:	37237

(1) The information a person being assessed or the person's	37238
representative must provide to enable the department or designated	37239
agency to do the assessment;	37240

(2) Criteria to be used to determine whether a person is in	37241
need of nursing facility services;	37242

(3) Criteria to be used to determine whether an alternative	37243
source of long-term care is appropriate for the person being	37244
assessed;	37245

(4) Criteria and procedures to be used to determine a	37246
person's physical, mental, and psychosocial needs;	37247

(5) Criteria to be used to determine the effectiveness and	37248
continued availability of a person's current source of informal	37249
support and care;	37250

(6) Circumstances, in addition to those specified in division	37251
(C) of this section, under which a person is not required to be	37252
assessed;	37253

(7) Circumstances under which the department or designated	37254
agency may perform a partial assessment under division (D) of this	37255
section;	37256

(8) The method by which a situation will be determined to be	37257
an emergency for the purpose of division (D)(2) of this section;	37258

(9) The method by which the department will attempt to	37259
resolve complaints filed under division (F) of this section.	37260

(J) The director of job and family services may fine a	37261
nursing facility an amount determined by rules the director shall	37262
adopt in accordance with Chapter 119. of the Revised Code in	37263
either of the following circumstances:	37264

(1) The nursing facility fails to notify the department	37265
within the required time about an admission described in division	37266
(C)(5) of this section;	37267

(2) The nursing facility admits, without evidence that a	37268
complete or partial assessment has been conducted, a person other	37269
than a person exempt from the assessment requirement as provided	37270
by division (C) of this section.	37271

The director shall deposit all fines collected under this	37272
division into the residents protection fund established by section	37273
5111.62 of the Revised Code.	37274

Sec. 5101.80. (A) As used in this section and in section	37275
5101.801 of the Revised Code:	37276

(1) "County family services agency" has the same meaning as	37277
in section 307.981 of the Revised Code.	37278

(2) "State agency" has the same meaning as in section 9.82 of	37279
the Revised Code.	37280

(3) "Title IV-A program" means all of the following that are	37281
funded in part with funds provided under the temporary assistance	37282
for needy families block grant established by Title IV-A of the	37283
"Social Security Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as	37284
amended:	37285

(a) The Ohio works first program established under Chapter	37286
5107. of the Revised Code;	37287

(b) The prevention, retention, and contingency program	37288
established under Chapter 5108. of the Revised Code;	37289

(c) A program established by the general assembly or an	37290
executive order issued by the governor that is administered or	37291
supervised by the department of job and family services pursuant	37292
to section 5101.801 of the Revised Code;	37293

(d) A component of a Title IV-A program identified under	37294
divisions (A)(3)(a) to (c) of this section that the Title IV-A	37295
state plan prepared under division (C)(1) of this section	37296
identifies as a component.	37297

(B) The department of job and family services shall act as	37298
the single state agency to administer and supervise the	37299
administration of Title IV-A programs. The Title IV-A state plan	37300
and amendments to the plan prepared under division (C) of this	37301
section are binding on county family services agencies and state	37302
agencies that administer a Title IV-A program. No county family	37303
services agency or state agency administering a Title IV-A program	37304
may establish, by rule or otherwise, a policy governing the Title	37305
IV-A program that is inconsistent with a Title IV-A program policy	37306
established, in rule or otherwise, by the director of job and	37307
family services.	37308

(C) The department of job and family services shall do all of	37309
the following:	37310

(1) Prepare and submit to the United States secretary of	37311
health and human services a Title IV-A state plan for Title IV-A	37312
programs;	37313

(2) Prepare and submit to the United States secretary of	37314
health and human services amendments to the Title IV-A state plan	37315
that the department determines necessary, including amendments	37316
necessary to implement Title IV-A programs identified in division	37317
(A)(3)(c) and (d) of this section;	37318

(3) Prescribe forms for applications, certificates, reports,	37319
records, and accounts of county family services agencies and state	37320
agencies administering a Title IV-A program, and other matters	37321
related to Title IV-A programs;	37322

(4) Make such reports, in such form and containing such	37323
information as the department may find necessary to assure the	37324
correctness and verification of such reports, regarding Title IV-A	37325
programs;	37326

(5) Require reports and information from each county family	37327
services agency and state agency administering a Title IV-A	37328
program as may be necessary or advisable regarding the Title IV-A	37329
program;	37330

(6) Afford a fair hearing in accordance with section 5101.35	37331
of the Revised Code to any applicant for, or participant or former	37332
participant of, a Title IV-A program aggrieved by a decision	37333
regarding the program;	37334

(7) Administer and expend, pursuant to Chapters 5104., 5107.,	37335
and 5108. of the Revised Code and section 5101.801 of the Revised	37336
Code, any sums appropriated by the general assembly for the	37337
purpose of those chapters and section and all sums paid to the	37338
state by the secretary of the treasury of the United States as	37339
authorized by Title IV-A of the "Social Security Act," 110 Stat.	37340
2113 (1996), 42 U.S.C. 601, as amended;	37341

(8) Conduct investigations and audits as are necessary	37342
regarding Title IV-A programs;	37343

(9) Enter into reciprocal agreements with other states	37344
relative to the provision of Ohio works first and prevention,	37345
retention, and contingency to residents and nonresidents;	37346

(10) Contract with a private entity to conduct an independent	37347
on-going evaluation of the Ohio works first program and the	37348
prevention, retention, and contingency program. The contract must	37349
require the private entity to do all of the following:	37350

(a) Examine issues of process, practice, impact, and	37351
outcomes;	37352

(b) Study former participants of Ohio works first who have	37353
not participated in Ohio works first for at least one year to	37354
determine whether they are employed, the type of employment in	37355
which they are engaged, the amount of compensation they are	37356
receiving, whether their employer provides health insurance,	37357
whether and how often they have received benefits or services	37358
under the prevention, retention, and contingency program, and	37359
whether they are successfully self sufficient;	37360

(c) Provide the department with reports at times the	37361
department specifies.	37362

(11) Not later than January 1, 2001, and the first day of	37363
each January and July thereafter, prepare a report containing	37364
information on the following:	37365

(a) Individuals exhausting the time limits for participation	37366
in Ohio works first set forth in section 5107.18 of the Revised	37367
Code.	37368

(b) Individuals who have been exempted from the time limits	37369
set forth in section 5107.18 of the Revised Code and the reasons	37370
for the exemption.	37371

(12) Not later than January 1, 2001, and on a quarterly basis	37372
thereafter until December 1, 2003, prepare, to the extent the	37373
necessary data is available to the department, a report based on	37374
information determined under section 5107.80 of the Revised Code	37375
that states how many former Ohio works first participants entered	37376
the workforce during the most recent previous quarter for which	37377
the information is known and includes information regarding the	37378
earnings of those former participants. The report shall include a	37379
county-by-county breakdown and shall not contain the names or	37380
social security numbers of former participants.	37381

(13) To the extent authorized by section 5101.801 of the	37382
Revised Code, enter into interagency agreements with state	37383
agencies for the administration of Title IV-A programs identified	37384
under division (A)(3)(c) and (d) of this section.	37385

(D) The department shall provide copies of the reports it	37386
receives under division (C)(10) of this section and prepares under	37387
divisions (C)(11) and (12) of this section to the governor, the	37388
president and minority leader of the senate, and the speaker and	37389
minority leader of the house of representatives. The department	37390
shall provide copies of the reports to any private or government	37391
entity on request.	37392

(E) An authorized representative of the department or a	37393
county family services agency or state agency administering a	37394
Title IV-A program shall have access to all records and	37395
information bearing thereon for the purposes of investigations	37396
conducted pursuant to this section.	37397

Sec. 5101.83. (A) As used in this section:

37398

(1) "Assistance group" has the same meaning as in ~~sections~~	37399
section 5107.02 ~~and 5108.01~~ of the Revised Code, except that it	37400
also means a group provided benefits and services under the	37401
prevention, retention, and contingency program ~~because the members~~	37402
~~of the group share a common need for benefits and services~~.	37403

(2) "Fraudulent assistance" means assistance and service,	37404
including cash assistance, provided under the Ohio works first	37405
program established under Chapter 5107., or benefits and services	37406
provided under the prevention, retention, and contingency program	37407
established under Chapter 5108. of the Revised Code, to or on	37408
behalf of an assistance group that is provided as a result of	37409
fraud by a member of the assistance group, including an	37410
intentional violation of the program's requirements. "Fraudulent	37411
assistance" does not include assistance or services to or on	37412
behalf of an assistance group that is provided as a result of an	37413
error that is the fault of a county department of job and family	37414
services or the state department of job and family services.	37415

(B) If a county director of job and family services	37416
determines that an assistance group has received fraudulent	37417
assistance, the assistance group is ineligible to participate in	37418
the Ohio works first program or the prevention, retention, and	37419
contingency program until a member of the assistance group repays	37420
the cost of the fraudulent assistance. If a member repays the cost	37421
of the fraudulent assistance and the assistance group otherwise	37422
meets the eligibility requirements for the Ohio works first	37423
program or the prevention, retention, and contingency program, the	37424
assistance group shall not be denied the opportunity to	37425
participate in the program.	37426

This section does not limit the ability of a county	37427
department of job and family services to recover erroneous	37428
payments under section 5107.76 of the Revised Code.	37429

The state department of job and family services shall adopt	37430
rules in accordance with Chapter 119. of the Revised Code to	37431
implement this section.	37432

Sec. 5101.97. (A)(1) Not later than the ~~first~~last day of	37433
each July and January, the department of job and family services	37434
shall complete a report on the characteristics of the individuals	37435
who participate in or receive services through the programs	37436
operated by the department and the outcomes of the individuals'	37437
participation in or receipt of services through the programs. The	37438
~~report~~reports shall be for the six-month periods ending on the	37439
last days of June and December and shall include information on	37440
the following:	37441

(a) Work activities, developmental activities, and	37442
alternative work activities established under sections 5107.40 to	37443
5107.69 of the Revised Code;	37444

(b) Programs of publicly funded child day-care, as defined in	37445
section 5104.01 of the Revised Code;	37446

37447

(d) Births to recipients of the medical assistance program	37448
established under Chapter 5111. of the Revised Code.	37449

(2) Not later than the ~~first~~last day of each July, the	37450
department shall complete a progress report on the partnership	37451
agreements between the director of job and family services and	37452
boards of county commissioners under section 5101.21 of the	37453
Revised Code. The report shall be for the twelve-month period	37454
ending on the last day of June and shall include a review of	37455
whether the county family services agencies and workforce	37456
development agencies satisfied performance standards included in	37457
the agreements and whether the department provided assistance,	37458
services, and technical support specified in the agreements to aid	37459
the agencies in meeting the performance standards.	37460

(3) The department shall submit the reports required under	37461
divisions (A)(1) and (2) of this section to the speaker and	37462
minority leader of the house of representatives, the president and	37463
minority leader of the senate, the legislative budget officer, the	37464
director of budget and management, and each board of county	37465
commissioners. The department shall provide copies of each report	37466
to any person or government entity on request.	37467

In designing the format for each report, the department shall	37468
consult with individuals, organizations, and government entities	37469
interested in the programs operated by the department, so that the	37470
reports are designed to enable the general assembly and the public	37471
to evaluate the effectiveness of the programs and identify any	37472
needs that the programs are not meeting.	37473

(B) Whenever the federal government requires that the	37474
department submit a report on a program that is operated by the	37475
department or is otherwise under the department's jurisdiction,	37476
the department shall prepare and submit the report in accordance	37477
with the federal requirements applicable to that report. To the	37478
extent possible, the department may coordinate the preparation and	37479
submission of a particular report with any other report, plan, or	37480
other document required to be submitted to the federal government,	37481
as well as with any report required to be submitted to the general	37482
assembly. The reports required by the Personal Responsibility and	37483
Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) may be	37484
submitted as an annual summary.	37485

Sec. 5103.031. (A) Except as provided in section 5103.033 of	37486
the Revised Code, the department of job and family services may	37487
not issue a certificate under section 5103.03 of the Revised Code	37488
to a foster home unless the foster caregiver successfully	37489
completes the following amount of preplacement training through	37490
~~the Ohio child welfare training program or~~ a preplacement training	37491
program operated under section 5103.034 or 5153.60 of the Revised	37492
Code:	37493

(1) If the foster home is a family foster home, at least	37494
twelve hours;	37495

(2) If the foster home is a specialized foster home, at least	37496
thirty-six hours.	37497

(B) No child may be placed in a family foster home unless the	37498
foster caregiver completes at least twelve additional hours of	37499
preplacement training through ~~the Ohio child welfare training~~	37500
~~program or~~ a preplacement training program operated under section	37501
5103.034 or 5153.60 of the Revised Code.	37502

Sec. 5103.033. The department of job and family services may	37503
issue or renew a certificate under section 5103.03 of the Revised	37504
Code to a foster home for the care of a child who is in the	37505
custody of a public children services agency or private child	37506
placing agency pursuant to an agreement entered into under section	37507
5103.15 of the Revised Code regarding a child who was less than	37508
six months of age on the date the agreement was executed if the	37509
foster caregiver successfully completes the following amount of	37510
training:	37511

(A) For an initial certificate, at least twelve hours of	37512
preplacement training through ~~the Ohio child welfare training~~	37513
~~program or~~ a preplacement training program operated under section	37514
5103.034 or 5153.60 of the Revised Code;	37515

(B) For renewal of a certificate, at least twelve hours each	37516
year of continuing training in accordance with the foster	37517
caregiver's needs assessment and continuing training plan	37518
developed and implemented under section 5103.035 of the Revised	37519
Code.	37520

Sec. 5103.034. (A) A ~~public children services agency,~~ private	37521
child placing agency, or private noncustodial agency operating a	37522
preplacement training program or continuing training program	37523
approved by the department of job and family services under	37524
section 5103.038 of the Revised Code or the Ohio child welfare	37525
training program operating a preplacement training program or	37526
continuing training program pursuant to section 5153.60 of the	37527
Revised Code shall make the program available to foster	37528
caregivers. The agency or program shall make the programs	37529
available without regard to the type of recommending agency from	37530
which a foster caregiver seeks a recommendation ~~and without charge~~	37531
~~to the foster caregiver~~.	37532

(B) A private child placing agency or private noncustodial	37533
agency operating a preplacement training program or continuing	37534
training program approved by the department of job and family	37535
services under section 5103.038 of the Revised Code may condition	37536
the enrollment of a foster caregiver in a program on either or	37537
both of the following:	37538

(1) Availability of space in the training program;

37539

(2) If applicable, payment of an instruction or registration	37540
fee, if any, by the foster caregiver's recommending agency.	37541

(C) The Ohio child welfare training program operating a	37542
preplacement training program or continuing training program	37543
pursuant to section 5153.60 of the Revised Code may condition the	37544
enrollment in a preplacement training program or continuing	37545
training program of a foster caregiver whose recommending agency	37546
is a private child placing agency or private noncustodial agency	37547
on either or both of the following:	37548

(1) Availability of space in the training program;

37549

(2) Assignment to the program by the foster caregiver's	37550
recommending agency of the allowance payable under section	37551
5103.0313 of the Revised Code.	37552

(D) A private child placing agency or private noncustodial	37553
agency may contract with an individual or a public or private	37554
entity to administer a preplacement training program or continuing	37555
training program operated by the agency and approved by the	37556
department of job and family services under section 5103.038 of	37557
the Revised Code.	37558

Sec. 5103.036. For the purpose of determining whether a	37559
foster caregiver has satisfied the requirement of section 5103.031	37560
or 5103.032 of the Revised Code, a recommending agency shall	37561
accept training obtained from ~~the Ohio child welfare training~~	37562
~~program or pursuant to~~ a preplacement training program or	37563
continuing training program operated under section 5103.034 or	37564
5153.60 of the Revised Code regardless of whether the program is	37565
operated by the recommending agency ~~operated the preplacement~~	37566
~~training program or continuing training program~~. The agency may	37567
require that the foster caregiver successfully complete additional	37568
training as a condition of the agency recommending that the	37569
department of job and family services certify or recertify the	37570
foster caregiver's foster home under section 5103.03 of the	37571
Revised Code.	37572

Sec. 5103.037. The department of job and family services, in	37573
consultation with the departments of youth services, mental	37574
health, education, mental retardation and developmental	37575
disabilities, and alcohol and drug addiction services, shall	37576
develop a model design of a preplacement training program for	37577
foster caregivers seeking an initial certificate under section	37578
5103.03 of the Revised Code and a model design of a continuing	37579
training program for foster caregivers seeking renewal of a	37580
certificate under that section. The model design of a preplacement	37581
training program shall comply with section 5103.039 of the Revised	37582
Code. The model design of a continuing training program shall	37583
comply with section 5103.0310 of the Revised Code. The department	37584
of job and family services shall make the model designs available	37585
to ~~public children services agencies~~the Ohio child welfare	37586
training program, private child placing agencies, and private	37587
noncustodial agencies.	37588

Sec. 5103.038. (A) Every other year by a date specified in	37589
rules adopted under section 5103.0316 of the Revised Code, each	37590
~~public children services agency,~~ private child placing agency, and	37591
private noncustodial agency that seeks to operate a preplacement	37592
training program or continuing training program under section	37593
5103.034 of the Revised Code shall submit to the department of job	37594
and family services a proposal outlining the program. The proposal	37595
may be the same as, a modification of, or different from, a model	37596
design developed under section 5103.037 of the Revised Code. ~~The~~	37597
~~proposal shall include a budget for the program regarding the cost~~	37598
~~associated with trainers, obtaining sites at which the training is~~	37599
~~provided, and the administration of the training. The budget shall~~	37600
~~be consistent with rules adopted under section 5103.0316 of the~~	37601
~~Revised Code governing the department of job and family services'~~	37602
~~reimbursement of public children services agencies, private child~~	37603
~~placing agencies, and private noncustodial agencies under section~~	37604
~~5103.0313 of the Revised Code.~~	37605

(B) Not later than thirty days after receiving a proposal	37606
under division (A) of this section, the department shall either	37607
approve or disapprove the proposed program. The department shall	37608
approve a proposed preplacement training program if it complies	37609
with section 5103.039 or 5103.0310 of the Revised Code, as	37610
appropriate, and, in the case of a proposal submitted by an agency	37611
operating a preplacement training program at the time the proposal	37612
is submitted, the department is satisfied with the agency's	37613
operation of the program. The department shall approve a proposed	37614
continuing training program if it complies with section 5103.0310	37615
or 5103.0311 of the Revised Code, as appropriate, and, in the case	37616
of a proposal submitted by an agency operating a continuing	37617
training program at the time the proposal is submitted, the	37618
department is satisfied with the agency's operation of the	37619
program. ~~The department shall disapprove a proposed program if the~~	37620
~~program's budget is not consistent with rules adopted under~~	37621
~~section 5103.0316 of the Revised Code governing the department's~~	37622
~~reimbursement of public children services agencies, private child~~	37623
~~placing agencies, and private noncustodial agencies under section~~	37624
~~5103.0313 of the Revised Code.~~ If the department disapproves a	37625
proposal, it shall provide the reason for disapproval to the	37626
agency that submitted the proposal and advise the agency of how to	37627
revise the proposal so that the department can approve it.	37628

(C) The department's approval under division (B) of this	37629
section of a proposed preplacement training program or continuing	37630
training program is valid only for two years following the year	37631
the proposal for the program is submitted to the department under	37632
division (A) of this section.	37633

Sec. 5103.0312. A public children services agency, private	37634
child placing agency, or private noncustodial agency acting as a	37635
recommending agency for foster caregivers who hold certificates	37636
issued under section 5103.03 of the Revised Code shall pay those	37637
foster caregivers ~~who have had at least one foster child placed in~~	37638
~~their home~~ a stipend to reimburse them for attending ~~training~~	37639
~~courses provided by the Ohio child welfare training program or~~	37640
~~pursuant to~~ a preplacement training program or continuing training	37641
program operated under section 5103.034 or 5153.60 of the Revised	37642
Code. The payment shall be based on a stipend rate established by	37643
the department of job and family services. The stipend rate shall	37644
be the same regardless of the type of recommending agency from	37645
which a foster caregiver seeks a recommendation. The department	37646
shall, pursuant to rules adopted under section 5103.0316 of the	37647
Revised Code, reimburse the recommending agency for stipend	37648
payments it makes in accordance with this section.	37649

Sec. 5103.0313. The department of job and family services	37650
shall ~~reimburse the following~~compensate a private child placing	37651
agency or private noncustodial agency for the cost of ~~providing~~	37652
procuring or operating preplacement and continuing training to	37653
~~foster caregivers:~~	37654

~~(A) The Ohio child welfare training program;~~

37655

~~(B) A public children services agency, private child placing~~	37656
~~agency, or private noncustodial agency through a preplacement~~	37657
~~training program or continuing training program operated~~programs	37658
under section 5103.034 of the Revised Code for foster caregivers	37659
who are recommended for initial certification or recertification	37660
by the agency.	37661

The ~~reimbursement~~compensation shall be ~~on a per diem basis~~	37662
~~and limited to the cost associated with the trainer, obtaining a~~	37663
~~site at which the training is provided, and the administration of~~	37664
~~the training~~paid to the agency in the form of an allowance for	37665
each hour of preplacement and continuing training provided or	37666
received. ~~A reimbursement rate shall be the same regardless of~~	37667
~~whether the training program is operated by the Ohio child welfare~~	37668
~~training program or a public children services agency, private~~	37669
~~child placing agency, or private noncustodial agency.~~	37670

Sec. 5103.0314. The department of job and family services	37671
shall not ~~reimburse~~compensate a recommending agency for ~~the cost~~	37672
of any training the agency requires a foster caregiver to undergo	37673
as a condition of the agency recommending the department certify	37674
or recertify the foster caregiver's foster home under section	37675
5103.03 of the Revised Code if the training is in addition to the	37676
minimum training required by section 5103.031 or 5103.032 of the	37677
Revised Code.	37678

Sec. 5103.0315. The department of job and family services	37679
shall seek federal financial participation for the cost of making	37680
payments under section 5103.0312 of the Revised Code and	37681
~~reimbursements~~allowances under section 5103.0313 of the Revised	37682
Code. The department shall notify the governor, president of the	37683
senate, minority leader of the senate, speaker of the house of	37684
representatives, and minority leader of the house of	37685
representatives of any proposed federal legislation that endangers	37686
the federal financial participation.	37687

Sec. 5103.0316. ~~Not later than ninety days after January 1,~~	37688
~~2001, the~~The department of job and family services shall adopt	37689
rules in accordance with Chapter 119. of the Revised Code as	37690
necessary for the efficient administration of sections 5103.031 to	37691
5103.0316 of the Revised Code. The rules shall provide for all of	37692
the following:	37693

(A) For the purpose of section 5103.038 of the Revised Code,	37694
the date by which a ~~public children services agency,~~ private child	37695
placing agency, or private noncustodial agency that seeks to	37696
operate a preplacement training program or continuing training	37697
program under section 5103.034 of the Revised Code must submit to	37698
the department a proposal outlining the program;	37699

(B) Requirements governing the department's ~~reimbursement~~	37700
compensation of ~~the Ohio child welfare training program and public~~	37701
~~children services agencies,~~ private child placing agencies, and	37702
private noncustodial agencies under sections 5103.0312 and	37703
5103.0313 of the Revised Code;	37704

37705

Sec. 5103.154. (A) Information concerning all children who	37706
are, pursuant to section 2151.353 or 5103.15 of the Revised Code,	37707
in the permanent custody of an institution or association	37708
certified by the department of job and family services under	37709
section 5103.03 of the Revised Code shall be listed with the	37710
department within ninety days after permanent custody is	37711
effective, unless the child has been placed for adoption or unless	37712
an application for placement was initiated under section 5103.16	37713
of the Revised Code.	37714

(B) All persons who wish to adopt children, and are approved	37715
by an agency so empowered under this chapter, shall be listed with	37716
the department within ninety days of approval, unless a person	37717
requests in writing that that person's name not be so listed, or	37718
has had a child placed in that person's home in preparation for	37719
adoption, or has filed a petition for adoption.	37720

(C) All persons who wish to adopt a child with special needs	37721
as defined in rules adopted under section 5153.163 of the Revised	37722
Code, and who are approved by an agency so empowered under this	37723
chapter, shall be listed separately by the department within	37724
ninety days of approval, unless a person requests in writing that	37725
that person's name not be so listed, or has had a child with	37726
special needs placed in that person's home in preparation for	37727
adoption, or has filed a petition for adoption.	37728

(D) The department shall forward information on such children	37729
and listed persons at least quarterly, to all public children	37730
services agencies and all certified agencies.	37731

(E) The appropriate listed names shall be removed when a	37732
child is placed in an adoptive home or when a person withdraws an	37733
application for adoption.	37734

(F) No later than six months after the end of each fiscal	37735
year, the department shall compile a report of its conclusions	37736
regarding the effectiveness of its actions pursuant to this	37737
section and of the restrictions on placement under division ~~(E)~~(G)	37738
of section 5153.163 of the Revised Code in increasing adoptive	37739
placements of children with special needs, together with its	37740
recommendations, and shall submit a copy of the report to the	37741
chairpersons of the principal committees of the senate and the	37742
house of representatives who consider welfare legislation.	37743

Sec. 5103.155. As used in this section, "children with	37744
special needs" has the same meaning as in rules adopted under	37745
section 5153.163 of the Revised Code.	37746

If the department of job and family services determines that	37747
money in the putative father registry fund created under section	37748
2101.16 of the Revised Code is more than is needed to perform its	37749
duties related to the putative father registry, the department may	37750
use surplus moneys in the fund to promote adoption of children	37751
with special needs.	37752

Sec. 5104.01. As used in this chapter:

37753

(A) "Administrator" means the person responsible for the	37754
daily operation of a center or type A home. The administrator and	37755
the owner may be the same person.	37756

(B) "Approved child day camp" means a child day camp approved	37757
pursuant to section 5104.22 of the Revised Code.	37758

(C) "Authorized provider" means a person authorized by a	37759
county director of job and family services to operate a certified	37760
type B family day-care home.	37761

(D) "Border state child day-care provider" means a child	37762
day-care provider that is located in a state bordering Ohio and	37763
that is licensed, certified, or otherwise approved by that state	37764
to provide child day-care.	37765

(E) "Caretaker parent" means the father or mother of a child	37766
whose presence in the home is needed as the caretaker of the	37767
child, a person who has legal custody of a child and whose	37768
presence in the home is needed as the caretaker of the child, a	37769
guardian of a child whose presence in the home is needed as the	37770
caretaker of the child, and any other person who stands in loco	37771
parentis with respect to the child and whose presence in the home	37772
is needed as the caretaker of the child.	37773

(F) "Certified type B family day-care home" and "certified	37774
type B home" mean a type B family day-care home that is certified	37775
by the director of the county department of job and family	37776
services pursuant to section 5104.11 of the Revised Code to	37777
receive public funds for providing child day-care pursuant to this	37778
chapter and any rules adopted under it.	37779

(G) "Chartered nonpublic school" means a school that meets	37780
standards for nonpublic schools prescribed by the state board of	37781
education for nonpublic schools pursuant to section 3301.07 of the	37782
Revised Code.	37783

(H) "Child" includes an infant, toddler, preschool child, or	37784
school child.	37785

(I) "Child care block grant act" means the "Child Care and	37786
Development Block Grant Act of 1990," established in section 5082	37787
of the "Omnibus Budget Reconciliation Act of 1990," 104 Stat.	37788
1388-236 (1990), 42 U.S.C. 9858, as amended.	37789

(J) "Child day camp" means a program in which only school	37790
children attend or participate, that operates for no more than	37791
seven hours per day, that operates only during one or more public	37792
school district's regular vacation periods or for no more than	37793
fifteen weeks during the summer, and that operates outdoor	37794
activities for each child who attends or participates in the	37795
program for a minimum of fifty per cent of each day that children	37796
attend or participate in the program, except for any day when	37797
hazardous weather conditions prevent the program from operating	37798
outdoor activities for a minimum of fifty per cent of that day.	37799
For purposes of this division, the maximum seven hours of	37800
operation time does not include transportation time from a child's	37801
home to a child day camp and from a child day camp to a child's	37802
home.	37803

(K) "Child day-care" means administering to the needs of	37804
infants, toddlers, preschool children, and school children outside	37805
of school hours by persons other than their parents or guardians,	37806
custodians, or relatives by blood, marriage, or adoption for any	37807
part of the twenty-four-hour day in a place or residence other	37808
than a child's own home.	37809

(L) "Child day-care center" and "center" mean any place in	37810
which child day-care or publicly funded child day-care is provided	37811
for thirteen or more children at one time or any place that is not	37812
the permanent residence of the licensee or administrator in which	37813
child day-care or publicly funded child day-care is provided for	37814
seven to twelve children at one time. In counting children for the	37815
purposes of this division, any children under six years of age who	37816
are related to a licensee, administrator, or employee and who are	37817
on the premises of the center shall be counted. "Child day-care	37818
center" and "center" do not include any of the following:	37819

(1) A place located in and operated by a hospital, as defined	37820
in section 3727.01 of the Revised Code, in which the needs of	37821
children are administered to, if all the children whose needs are	37822
being administered to are monitored under the on-site supervision	37823
of a physician licensed under Chapter 4731. of the Revised Code or	37824
a registered nurse licensed under Chapter 4723. of the Revised	37825
Code, and the services are provided only for children who, in the	37826
opinion of the child's parent, guardian, or custodian, are	37827
exhibiting symptoms of a communicable disease or other illness or	37828
are injured;	37829

(2) A child day camp;

37830

(3) A place that provides child day-care, but not publicly	37831
funded child day-care, if all of the following apply:	37832

(a) An organized religious body provides the child day-care;

37833

(b) A parent, custodian, or guardian of at least one child	37834
receiving child day-care is on the premises and readily accessible	37835
at all times;	37836

(c) The child day-care is not provided for more than thirty	37837
days a year;	37838

(d) The child day-care is provided only for preschool and	37839
school children.	37840

(M) "Child day-care resource and referral service	37841
organization" means a community-based nonprofit organization that	37842
provides child day-care resource and referral services but not	37843
child day-care.	37844

(N) "Child day-care resource and referral services" means all	37845
of the following services:	37846

(1) Maintenance of a uniform data base of all child day-care	37847
providers in the community that are in compliance with this	37848
chapter, including current occupancy and vacancy data;	37849

(2) Provision of individualized consumer education to	37850
families seeking child day-care;	37851

(3) Provision of timely referrals of available child day-care	37852
providers to families seeking child day-care;	37853

(4) Recruitment of child day-care providers;

37854

(5) Assistance in the development, conduct, and dissemination	37855
of training for child day-care providers and provision of	37856
technical assistance to current and potential child day-care	37857
providers, employers, and the community;	37858

(6) Collection and analysis of data on the supply of and	37859
demand for child day-care in the community;	37860

(7) Technical assistance concerning locally, state, and	37861
federally funded child day-care and early childhood education	37862
programs;	37863

(8) Stimulation of employer involvement in making child	37864
day-care more affordable, more available, safer, and of higher	37865
quality for their employees and for the community;	37866

(9) Provision of written educational materials to caretaker	37867
parents and informational resources to child day-care providers;	37868

(10) Coordination of services among child day-care resource	37869
and referral service organizations to assist in developing and	37870
maintaining a statewide system of child day-care resource and	37871
referral services if required by the department of job and family	37872
services;	37873

(11) Cooperation with the county department of job and family	37874
services in encouraging the establishment of parent cooperative	37875
child day-care centers and parent cooperative type A family	37876
day-care homes.	37877

(O) "Child-care staff member" means an employee of a child	37878
day-care center or type A family day-care home who is primarily	37879
responsible for the care and supervision of children. The	37880
administrator may be a part-time child-care staff member when not	37881
involved in other duties.	37882

(P) "Drop-in child day-care center," "drop-in center,"	37883
"drop-in type A family day-care home," and "drop-in type A home"	37884
mean a center or type A home that provides child day-care or	37885
publicly funded child day-care for children on a temporary,	37886
irregular basis.	37887

(Q) "Employee" means a person who either:

37888

(1) Receives compensation for duties performed in a child	37889
day-care center or type A family day-care home;	37890

(2) Is assigned specific working hours or duties in a child	37891
day-care center or type A family day-care home.	37892

(R) "Employer" means a person, firm, institution,	37893
organization, or agency that operates a child day-care center or	37894
type A family day-care home subject to licensure under this	37895
chapter.	37896

(S) "Federal poverty line" means the official poverty	37897
guideline as revised annually in accordance with section 673(2) of	37898
the "Omnibus Budget Reconciliation Act of 1981," 95 Stat. 511, 42	37899
U.S.C. 9902, as amended, for a family size equal to the size of	37900
the family of the person whose income is being determined.	37901

(T) "Head start program" means a comprehensive child	37902
development program that receives funds distributed under the	37903
"Head Start Act," 95 Stat. 499 (1981), 42 U.S.C.A. 9831, as	37904
amended, or under ~~section~~sections 3301.31 to 3301.37 of the	37905
Revised Code.	37906

(U) "Income" means gross income, as defined in section	37907
5107.10 of the Revised Code, less any amounts required by federal	37908
statutes or regulations to be disregarded.	37909

(V) "Indicator checklist" means an inspection tool, used in	37910
conjunction with an instrument-based program monitoring	37911
information system, that contains selected licensing requirements	37912
that are statistically reliable indicators or predictors of a	37913
child day-care center or type A family day-care home's compliance	37914
with licensing requirements.	37915

(W) "Infant" means a child who is less than eighteen months	37916
of age.	37917

(X) "In-home aide" means a person certified by a county	37918
director of job and family services pursuant to section 5104.12 of	37919
the Revised Code to provide publicly funded child day-care to a	37920
child in a child's own home pursuant to this chapter and any rules	37921
adopted under it.	37922

(Y) "Instrument-based program monitoring information system"	37923
means a method to assess compliance with licensing requirements	37924
for child day-care centers and type A family day-care homes in	37925
which each licensing requirement is assigned a weight indicative	37926
of the relative importance of the requirement to the health,	37927
growth, and safety of the children that is used to develop an	37928
indicator checklist.	37929

(Z) "License capacity" means the maximum number in each age	37930
category of children who may be cared for in a child day-care	37931
center or type A family day-care home at one time as determined by	37932
the director of job and family services considering building	37933
occupancy limits established by the department of commerce, number	37934
of available child-care staff members, amount of available indoor	37935
floor space and outdoor play space, and amount of available play	37936
equipment, materials, and supplies.	37937

(AA) "Licensed preschool program" or "licensed school child	37938
program" means a preschool program or school child program, as	37939
defined in section 3301.52 of the Revised Code, that is licensed	37940
by the department of education pursuant to sections 3301.52 to	37941
3301.59 of the Revised Code.	37942

(BB) "Licensee" means the owner of a child day-care center or	37943
type A family day-care home that is licensed pursuant to this	37944
chapter and who is responsible for ensuring its compliance with	37945
this chapter and rules adopted pursuant to this chapter.	37946

(CC) "Operate a child day camp" means to operate, establish,	37947
manage, conduct, or maintain a child day camp.	37948

(DD) "Owner" includes a person, as defined in section 1.59 of	37949
the Revised Code, or government entity.	37950

(EE) "Parent cooperative child day-care center," "parent	37951
cooperative center," "parent cooperative type A family day-care	37952
home," and "parent cooperative type A home" mean a corporation or	37953
association organized for providing educational services to the	37954
children of members of the corporation or association, without	37955
gain to the corporation or association as an entity, in which the	37956
services of the corporation or association are provided only to	37957
children of the members of the corporation or association,	37958
ownership and control of the corporation or association rests	37959
solely with the members of the corporation or association, and at	37960
least one parent-member of the corporation or association is on	37961
the premises of the center or type A home during its hours of	37962
operation.	37963

(FF) "Part-time child day-care center," "part-time center,"	37964
"part-time type A family day-care home," and "part-time type A	37965
home" mean a center or type A home that provides child day-care or	37966
publicly funded child day-care for no more than four hours a day	37967
for any child.	37968

(GG) "Place of worship" means a building where activities of	37969
an organized religious group are conducted and includes the	37970
grounds and any other buildings on the grounds used for such	37971
activities.	37972

(HH) "Preschool child" means a child who is three years old	37973
or older but is not a school child.	37974

(II) "Protective day-care" means publicly funded child	37975
day-care for the direct care and protection of a child to whom	37976
either of the following applies:	37977

(1) A case plan prepared and maintained for the child	37978
pursuant to section 2151.412 of the Revised Code indicates a need	37979
for protective day-care and the child resides with a parent,	37980
stepparent, guardian, or another person who stands in loco	37981
parentis as defined in rules adopted under section 5104.38 of the	37982
Revised Code;	37983

(2) The child and the child's caretaker either temporarily	37984
reside in a facility providing emergency shelter for homeless	37985
families or are determined by the county department of job and	37986
family services to be homeless, and are otherwise ineligible for	37987
publicly funded child day-care.	37988

(JJ) "Publicly funded child day-care" means administering to	37989
the needs of infants, toddlers, preschool children, and school	37990
children under age thirteen during any part of the	37991
twenty-four-hour day by persons other than their caretaker parents	37992
for remuneration wholly or in part with federal or state funds,	37993
including funds available under the child care block grant act	37994
~~funds~~, Title IV-A, and Title XX, distributed by the department of	37995
job and family services.	37996

(KK) "Religious activities" means any of the following:	37997
worship or other religious services; religious instruction; Sunday	37998
school classes or other religious classes conducted during or	37999
prior to worship or other religious services; youth or adult	38000
fellowship activities; choir or other musical group practices or	38001
programs; meals; festivals; or meetings conducted by an organized	38002
religious group.	38003

(LL) "School child" means a child who is enrolled in or is	38004
eligible to be enrolled in a grade of kindergarten or above but is	38005
less than fifteen years old.	38006

(MM) "School child day-care center," "school child center,"	38007
"school child type A family day-care home," and "school child type	38008
A family home" mean a center or type A home that provides child	38009
day-care for school children only and that does either or both of	38010
the following:	38011

(1) Operates only during that part of the day that	38012
immediately precedes or follows the public school day of the	38013
school district in which the center or type A home is located;	38014

(2) Operates only when the public schools in the school	38015
district in which the center or type A home is located are not	38016
open for instruction with pupils in attendance.	38017

(NN) "Special needs day-care" means publicly funded child	38018
day-care that is provided for a child who is physically or	38019
developmentally handicapped, mentally retarded, or mentally ill.	38020

(OO) "State median income" means the state median income	38021
calculated by the department of development pursuant to division	38022
(A)(1)(g) of section 5709.61 of the Revised Code.	38023

(PP) "Title IV-A" means Title IV-A of the "Social Security	38024
Act," 110 Stat. 2113 (1996), 42 U.S.C. 601, as amended.	38025

(QQ) "Title XX" means Title XX of the "Social Security Act,"	38026
88 Stat. 2337 (1974), 42 U.S.C. 1397, as amended.	38027

(RR) "Toddler" means a child who is at least eighteen months	38028
of age but less than three years of age.	38029

~~(QQ)~~(SS) "Type A family day-care home" and "type A home" mean	38030
a permanent residence of the administrator in which child day-care	38031
or publicly funded child day-care is provided for seven to twelve	38032
children at one time or a permanent residence of the administrator	38033
in which child day-care is provided for four to twelve children at	38034
one time if four or more children at one time are under two years	38035
of age. In counting children for the purposes of this division,	38036
any children under six years of age who are related to a licensee,	38037
administrator, or employee and who are on the premises of the type	38038
A home shall be counted. "Type A family day-care home" does not	38039
include a residence in which the needs of children are	38040
administered to, if all of the children whose needs are being	38041
administered to are siblings of the same immediate family and the	38042
residence is the home of the siblings. "Type A family day-care	38043
home" and "type A home" do not include any child day camp.	38044

~~(RR)~~(TT) "Type B family day-care home" and "type B home" mean	38045
a permanent residence of the provider in which child day-care is	38046
provided for one to six children at one time and in which no more	38047
than three children are under two years of age at one time. In	38048
counting children for the purposes of this division, any children	38049
under six years of age who are related to the provider and who are	38050
on the premises of the type B home shall be counted. "Type B	38051
family day-care home" does not include a residence in which the	38052
needs of children are administered to, if all of the children	38053
whose needs are being administered to are siblings of the same	38054
immediate family and the residence is the home of the siblings.	38055
"Type B family day-care home" and "type B home" do not include any	38056
child day camp.	38057

Sec. 5104.011. (A) The director of job and family services	38058
shall adopt rules pursuant to Chapter 119. of the Revised Code	38059
governing the operation of child day-care centers, including, but	38060
not limited to, parent cooperative centers, part-time centers,	38061
drop-in centers, and school child centers, which rules shall	38062
reflect the various forms of child day-care and the needs of	38063
children receiving child day-care or publicly funded child	38064
day-care and~~, no later than January 1, 1992,~~ shall include	38065
specific rules for school child day-care centers that are	38066
developed in consultation with the department of education. The	38067
rules shall not require an existing school facility that is in	38068
compliance with applicable building codes to undergo an additional	38069
building code inspection or to have structural modifications. The	38070
rules shall include the following:	38071

(1) Submission of a site plan and descriptive plan of	38072
operation to demonstrate how the center proposes to meet the	38073
requirements of this chapter and rules adopted pursuant to this	38074
chapter for the initial license application;	38075

(2) Standards for ensuring that the physical surroundings of	38076
the center are safe and sanitary including, but not limited to,	38077
the physical environment, the physical plant, and the equipment of	38078
the center;	38079

(3) Standards for the supervision, care, and discipline of	38080
children receiving child day-care or publicly funded child	38081
day-care in the center;	38082

(4) Standards for a program of activities, and for play	38083
equipment, materials, and supplies, to enhance the development of	38084
each child; however, any educational curricula, philosophies, and	38085
methodologies that are developmentally appropriate and that	38086
enhance the social, emotional, intellectual, and physical	38087
development of each child shall be permissible. As used in this	38088
division, "program" does not include instruction in religious or	38089
moral doctrines, beliefs, or values that is conducted at child	38090
day-care centers owned and operated by churches and does include	38091
methods of disciplining children at child day-care centers.	38092

(5) Admissions policies and procedures, health care policies	38093
and procedures, including, but not limited to, procedures for the	38094
isolation of children with communicable diseases, first aid and	38095
emergency procedures, procedures for discipline and supervision of	38096
children, standards for the provision of nutritious meals and	38097
snacks, and procedures for screening children and employees,	38098
including, but not limited to, any necessary physical examinations	38099
and immunizations;	38100

(6) Methods for encouraging parental participation in the	38101
center and methods for ensuring that the rights of children,	38102
parents, and employees are protected and that responsibilities of	38103
parents and employees are met;	38104

(7) Procedures for ensuring the safety and adequate	38105
supervision of children traveling off the premises of the center	38106
while under the care of a center employee;	38107

(8) Procedures for record keeping, organization, and	38108
administration;	38109

(9) Procedures for issuing, renewing, denying, and revoking a	38110
license that are not otherwise provided for in Chapter 119. of the	38111
Revised Code;	38112

(10) Inspection procedures;

38113

(11) Procedures and standards for setting initial and renewal	38114
license application fees;	38115

(12) Procedures for receiving, recording, and responding to	38116
complaints about centers;	38117

(13) Procedures for enforcing section 5104.04 of the Revised	38118
Code;	38119

(14) A standard requiring the inclusion, on and after July 1,	38120
1987, of a current department of job and family services toll-free	38121
telephone number on each center provisional license or license	38122
which any person may use to report a suspected violation by the	38123
center of this chapter or rules adopted pursuant to this chapter;	38124

(15) Requirements for the training of administrators and	38125
child-care staff members in first aid, in prevention, recognition,	38126
and management of communicable diseases, and in child abuse	38127
recognition and prevention. Training requirements for child	38128
day-care centers adopted under this division shall be consistent	38129
with divisions (B)(6) and (C)(1) of this section.	38130

(16) Procedures to be used by licensees for checking the	38131
references of potential employees of centers and procedures to be	38132
used by the director for checking the references of applicants for	38133
licenses to operate centers;	38134

(17) Standards providing for the special needs of children	38135
who are handicapped or who require treatment for health conditions	38136
while the child is receiving child day-care or publicly funded	38137
child day-care in the center;	38138

(18) Any other procedures and standards necessary to carry	38139
out this chapter.	38140

(B)(1) The child day-care center shall have, for each child	38141
for whom the center is licensed, at least thirty-five square feet	38142
of usable indoor floor space wall-to-wall regularly available for	38143
the child day-care operation exclusive of any parts of the	38144
structure in which the care of children is prohibited by law or by	38145
rules adopted by the board of building standards. The minimum of	38146
thirty-five square feet of usable indoor floor space shall not	38147
include hallways, kitchens, storage areas, or any other areas that	38148
are not available for the care of children, as determined by the	38149
director, in meeting the space requirement of this division, and	38150
bathrooms shall be counted in determining square footage only if	38151
they are used exclusively by children enrolled in the center,	38152
except that the exclusion of hallways, kitchens, storage areas,	38153
bathrooms not used exclusively by children enrolled in the center,	38154
and any other areas not available for the care of children from	38155
the minimum of thirty-five square feet of usable indoor floor	38156
space shall not apply to:	38157

(a) Centers licensed prior to or on September 1, 1986, that	38158
continue under licensure after that date;	38159

(b) Centers licensed prior to or on September 1, 1986, that	38160
are issued a new license after that date solely due to a change of	38161
ownership of the center.	38162

(2) The child day-care center shall have on the site a safe	38163
outdoor play space which is enclosed by a fence or otherwise	38164
protected from traffic or other hazards. The play space shall	38165
contain not less than sixty square feet per child using such space	38166
at any one time, and shall provide an opportunity for supervised	38167
outdoor play each day in suitable weather. The director may exempt	38168
a center from the requirement of this division, if an outdoor play	38169
space is not available and if all of the following are met:	38170

(a) The center provides an indoor recreation area that has	38171
not less than sixty square feet per child using the space at any	38172
one time, that has a minimum of one thousand four hundred forty	38173
square feet of space, and that is separate from the indoor space	38174
required under division (B)(1) of this section.	38175

(b) The director has determined that there is regularly	38176
available and scheduled for use a conveniently accessible and safe	38177
park, playground, or similar outdoor play area for play or	38178
recreation.	38179

(c) The children are closely supervised during play and while	38180
traveling to and from the area.	38181

The director also shall exempt from the requirement of this	38182
division a child day-care center that was licensed prior to	38183
September 1, 1986, if the center received approval from the	38184
director prior to September 1, 1986, to use a park, playground, or	38185
similar area, not connected with the center, for play or	38186
recreation in lieu of the outdoor space requirements of this	38187
section and if the children are closely supervised both during	38188
play and while traveling to and from the area and except if the	38189
director determines upon investigation and inspection pursuant to	38190
section 5104.04 of the Revised Code and rules adopted pursuant to	38191
that section that the park, playground, or similar area, as well	38192
as access to and from the area, is unsafe for the children.	38193

(3) The child day-care center shall have at least two	38194
responsible adults available on the premises at all times when	38195
seven or more children are in the center. The center shall	38196
organize the children in the center in small groups, shall provide	38197
child-care staff to give continuity of care and supervision to the	38198
children on a day-by-day basis, and shall ensure that no child is	38199
left alone or unsupervised. Except as otherwise provided in	38200
division (E) of this section, the maximum number of children per	38201
child-care staff member and maximum group size, by age category of	38202
children, are as follows:	38203

	Maximum Number of		38204
	Children Per	Maximum	38205
Age Category	Child-Care	Group	38206
of Children	Staff Member	Size	38207
(a) Infants:			38208
(i) Less than twelve			38209
months old	5:1, or		38210
	12:2 if two		38211
	child-care		38212
	staff members		38213
	are in the room	12	38214
(ii) At least twelve			38215
months old, but			38216
less than eighteen			38217
months old	6:1	12	38218
(b) Toddlers:			38219
(i) At least eighteen			38220
months old, but			38221
less than thirty			38222
months old	7:1	14	38223
(ii) At least thirty months			38224
old, but less than			38225
three years old	8:1	16	38226
(c) Preschool			38227
children:			38228
(i) Three years old	12:1	24	38229
(ii) Four years old and			38230
five years old who			38231
are not school			38232
children	14:1	28	38233
(d) School children:			38234
(i) A child who is			38235
enrolled in or is			38236
eligible to be			38237
enrolled in a grade			38238
of kindergarten			38239
or above, but			38240
is less than			38241
eleven years old	18:1	36	38242
(ii) Eleven through fourteen			38243
years old	20:1	40	38244

Except as otherwise provided in division (E) of this section,	38245
the maximum number of children per child-care staff member and	38246
maximum group size requirements of the younger age group shall	38247
apply when age groups are combined.	38248

(4)(a) The child day-care center administrator shall show the	38249
director both of the following:	38250

(i) Evidence of at least high school graduation or	38251
certification of high school equivalency by the state board of	38252
education or the appropriate agency of another state;	38253

(ii) Evidence of having completed at least two years of	38254
training in an accredited college, university, or technical	38255
college, including courses in child development or early childhood	38256
education, or at least two years of experience in supervising and	38257
giving daily care to children attending an organized group	38258
program.	38259

(b) In addition to the requirements of division (B)(4)(a) of	38260
this section, any administrator employed or designated on or after	38261
September 1, 1986, shall show evidence of, and any administrator	38262
employed or designated prior to September 1, 1986, shall show	38263
evidence within six years after such date of, at least one of the	38264
following:	38265

(i) Two years of experience working as a child-care staff	38266
member in a center and at least four courses in child development	38267
or early childhood education from an accredited college,	38268
university, or technical college, except that a person who has two	38269
years of experience working as a child-care staff member in a	38270
particular center and who has been promoted to or designated as	38271
administrator of that center shall have one year from the time the	38272
person was promoted to or designated as administrator to complete	38273
the required four courses;	38274

(ii) Two years of training, including at least four courses	38275
in child development or early childhood education from an	38276
accredited college, university, or technical college;	38277

(iii) A child development associate credential issued by the	38278
national child development associate credentialing commission;	38279

(iv) An associate or higher degree in child development or	38280
early childhood education from an accredited college, technical	38281
college, or university, or a license designated for teaching in an	38282
associate teaching position in a preschool setting issued by the	38283
state board of education.	38284

(5) All child-care staff members of a child day-care center	38285
shall be at least eighteen years of age, and shall furnish the	38286
director evidence of at least high school graduation or	38287
certification of high school equivalency by the state board of	38288
education or the appropriate agency of another state or evidence	38289
of completion of a training program approved by the department of	38290
job and family services or state board of education, except as	38291
follows:	38292

(a) A child-care staff member may be less than eighteen years	38293
of age if the staff member is either of the following:	38294

(i) A graduate of a two-year vocational child-care training	38295
program approved by the state board of education;	38296

(ii) A student enrolled in the second year of a vocational	38297
child-care training program approved by the state board of	38298
education which leads to high school graduation, provided that the	38299
student performs the student's duties in the child day-care center	38300
under the continuous supervision of an experienced child-care	38301
staff member, receives periodic supervision from the vocational	38302
child-care training program teacher-coordinator in the student's	38303
high school, and meets all other requirements of this chapter and	38304
rules adopted pursuant to this chapter.	38305

(b) A child-care staff member shall be exempt from the	38306
educational requirements of this division if the staff member:	38307

(i) Prior to January 1, 1972, was employed or designated by a	38308
child day-care center and has been continuously employed since	38309
either by the same child day-care center employer or at the same	38310
child day-care center; or	38311

(ii) Is a student enrolled in the second year of a vocational	38312
child-care training program approved by the state board of	38313
education which leads to high school graduation, provided that the	38314
student performs the student's duties in the child day-care center	38315
under the continuous supervision of an experienced child-care	38316
staff member, receives periodic supervision from the vocational	38317
child-care training program teacher-coordinator in the student's	38318
high school, and meets all other requirements of this chapter and	38319
rules adopted pursuant to this chapter.	38320

(6) Every child day-care staff member of a child day-care	38321
center annually shall complete fifteen hours of inservice training	38322
in child development or early childhood education, child abuse	38323
recognition and prevention, first aid, and in prevention,	38324
recognition, and management of communicable diseases, until a	38325
total of forty-five hours of training has been completed, unless	38326
the staff member furnishes one of the following to the director:	38327

(a) Evidence of an associate or higher degree in child	38328
development or early childhood education from an accredited	38329
college, university, or technical college;	38330

(b) A license designated for teaching in an associate	38331
teaching position in a preschool setting issued by the state board	38332
of education;	38333

38334

(d) Evidence of a preprimary credential from the American	38335
Montessori society or the association Montessori international.	38336
For the purposes of division (B)(6) of this section, "hour" means	38337
sixty minutes.	38338

(7) The administrator of each child day-care center shall	38339
prepare at least once annually and for each group of children at	38340
the center a roster of names and telephone numbers of parents,	38341
custodians, or guardians of each group of children attending the	38342
center and upon request shall furnish the roster for each group to	38343
the parents, custodians, or guardians of the children in that	38344
group. The administrator may prepare a roster of names and	38345
telephone numbers of all parents, custodians, or guardians of	38346
children attending the center and upon request shall furnish the	38347
roster to the parents, custodians, or guardians of the children	38348
who attend the center. The administrator shall not include in any	38349
roster the name or telephone number of any parent, custodian, or	38350
guardian who requests the administrator not to include the	38351
parent's, custodian's, or guardian's name or number and shall not	38352
furnish any roster to any person other than a parent, custodian,	38353
or guardian of a child who attends the center.	38354

(C)(1) Each child day-care center shall have on the center	38355
premises and readily available at all times at least one	38356
child-care staff member who has completed a course in first aid	38357
and in prevention, recognition, and management of communicable	38358
diseases which is approved by the state department of health and a	38359
staff member who has completed a course in child abuse recognition	38360
and prevention training which is approved by the department of job	38361
and family services.	38362

(2) The administrator of each child day-care center shall	38363
maintain enrollment, health, and attendance records for all	38364
children attending the center and health and employment records	38365
for all center employees. The records shall be confidential,	38366
except as otherwise provided in division (B)(7) of this section	38367
and except that they shall be disclosed by the administrator to	38368
the director upon request for the purpose of administering and	38369
enforcing this chapter and rules adopted pursuant to this chapter.	38370
Neither the center nor the licensee, administrator, or employees	38371
of the center shall be civilly or criminally liable in damages or	38372
otherwise for records disclosed to the director by the	38373
administrator pursuant to this division. It shall be a defense to	38374
any civil or criminal charge based upon records disclosed by the	38375
administrator to the director that the records were disclosed	38376
pursuant to this division.	38377

(3)(a) Any parent who is the residential parent and legal	38378
custodian of a child enrolled in a child day-care center and any	38379
custodian or guardian of such a child shall be permitted unlimited	38380
access to the center during its hours of operation for the	38381
purposes of contacting their children, evaluating the care	38382
provided by the center, evaluating the premises of the center, or	38383
for other purposes approved by the director. A parent of a child	38384
enrolled in a child day-care center who is not the child's	38385
residential parent shall be permitted unlimited access to the	38386
center during its hours of operation for those purposes under the	38387
same terms and conditions under which the residential parent of	38388
that child is permitted access to the center for those purposes.	38389
However, the access of the parent who is not the residential	38390
parent is subject to any agreement between the parents and, to the	38391
extent described in division (C)(3)(b) of this section, is subject	38392
to any terms and conditions limiting the right of access of the	38393
parent who is not the residential parent, as described in division	38394
(I) of section 3109.051 of the Revised Code, that are contained in	38395
a parenting time order or decree issued under that section,	38396
section 3109.12 of the Revised Code, or any other provision of the	38397
Revised Code.	38398

(b) If a parent who is the residential parent of a child has	38399
presented the administrator or the administrator's designee with a	38400
copy of a parenting time order that limits the terms and	38401
conditions under which the parent who is not the residential	38402
parent is to have access to the center, as described in division	38403
(I) of section 3109.051 of the Revised Code, the parent who is not	38404
the residential parent shall be provided access to the center only	38405
to the extent authorized in the order. If the residential parent	38406
has presented such an order, the parent who is not the residential	38407
parent shall be permitted access to the center only in accordance	38408
with the most recent order that has been presented to the	38409
administrator or the administrator's designee by the residential	38410
parent or the parent who is not the residential parent.	38411

(c) Upon entering the premises pursuant to division (C)(3)(a)	38412
or (b) of this section, the parent who is the residential parent	38413
and legal custodian, the parent who is not the residential parent,	38414
or the custodian or guardian shall notify the administrator or the	38415
administrator's designee of the parent's, custodian's, or	38416
guardian's presence.	38417

(D) The director of job and family services, in addition to	38418
the rules adopted under division (A) of this section, shall adopt	38419
rules establishing minimum requirements for child day-care	38420
centers. The rules shall include, but not be limited to, the	38421
requirements set forth in divisions (B) and (C) of this section.	38422
Except as provided in section 5104.07 of the Revised Code, the	38423
rules shall not change the square footage requirements of division	38424
(B)(1) or (2) of this section; the maximum number of children per	38425
child-care staff member and maximum group size requirements of	38426
division (B)(3) of this section; the educational and experience	38427
requirements of division (B)(4) of this section; the age,	38428
educational, and experience requirements of division (B)(5) of	38429
this section; the number of inservice training hours required	38430
under division (B)(6) of this section; or the requirement for at	38431
least annual preparation of a roster for each group of children of	38432
names and telephone numbers of parents, custodians, or guardians	38433
of each group of children attending the center that must be	38434
furnished upon request to any parent, custodian, or guardian of	38435
any child in that group required under division (B)(7) of this	38436
section; however, the rules shall provide procedures for	38437
determining compliance with those requirements.	38438

(E)(1) When age groups are combined, the maximum number of	38439
children per child-care staff member shall be determined by the	38440
age of the youngest child in the group, except that when no more	38441
than one child thirty months of age or older receives services in	38442
a group in which all the other children are in the next older age	38443
group, the maximum number of children per child-care staff member	38444
and maximum group size requirements of the older age group	38445
established under division (B)(3) of this section shall apply.	38446

(2) The maximum number of toddlers or preschool children per	38447
child-care staff member in a room where children are napping shall	38448
be twice the maximum number of children per child-care staff	38449
member established under division (B)(3) of this section if all	38450
the following criteria are met:	38451

(a) At least one child-care staff member is present in the	38452
room.	38453

(b) Sufficient child-care staff members are on the child	38454
day-care center premises to meet the maximum number of children	38455
per child-care staff member requirements established under	38456
division (B)(3) of this section.	38457

(c) Naptime preparations are complete and all napping	38458
children are resting or sleeping on cots.	38459

(d) The maximum number established under division (E)(2) of	38460
this section is in effect for no more than one and one-half hours	38461
during a twenty-four-hour day.	38462

(F) The director of job and family services shall adopt rules	38463
pursuant to Chapter 119. of the Revised Code governing the	38464
operation of type A family day-care homes, including, but not	38465
limited to, parent cooperative type A homes, part-time type A	38466
homes, drop-in type A homes, and school child type A homes, which	38467
shall reflect the various forms of child day-care and the needs of	38468
children receiving child day-care. The rules shall include the	38469
following:	38470

(1) Submission of a site plan and descriptive plan of	38471
operation to demonstrate how the type A home proposes to meet the	38472
requirements of this chapter and rules adopted pursuant to this	38473
chapter for the initial license application;	38474

(2) Standards for ensuring that the physical surroundings of	38475
the type A home are safe and sanitary, including, but not limited	38476
to, the physical environment, the physical plant, and the	38477
equipment of the type A home;	38478

(3) Standards for the supervision, care, and discipline of	38479
children receiving child day-care or publicly funded child	38480
day-care in the type A home;	38481

(4) Standards for a program of activities, and for play	38482
equipment, materials, and supplies, to enhance the development of	38483
each child; however, any educational curricula, philosophies, and	38484
methodologies that are developmentally appropriate and that	38485
enhance the social, emotional, intellectual, and physical	38486
development of each child shall be permissible;	38487

(5) Admissions policies and procedures, health care policies	38488
and procedures, including, but not limited to, procedures for the	38489
isolation of children with communicable diseases, first aid and	38490
emergency procedures, procedures for discipline and supervision of	38491
children, standards for the provision of nutritious meals and	38492
snacks, and procedures for screening children and employees,	38493
including, but not limited to, any necessary physical examinations	38494
and immunizations;	38495

(6) Methods for encouraging parental participation in the	38496
type A home and methods for ensuring that the rights of children,	38497
parents, and employees are protected and that the responsibilities	38498
of parents and employees are met;	38499

(7) Procedures for ensuring the safety and adequate	38500
supervision of children traveling off the premises of the type A	38501
home while under the care of a type A home employee;	38502

(8) Procedures for record keeping, organization, and	38503
administration;	38504

(9) Procedures for issuing, renewing, denying, and revoking a	38505
license that are not otherwise provided for in Chapter 119. of the	38506
Revised Code;	38507

(10) Inspection procedures;

38508

(11) Procedures and standards for setting initial and renewal	38509
license application fees;	38510

(12) Procedures for receiving, recording, and responding to	38511
complaints about type A homes;	38512

(13) Procedures for enforcing section 5104.04 of the Revised	38513
Code;	38514

(14) A standard requiring the inclusion, on or after July 1,	38515
1987, of a current department of job and family services toll-free	38516
telephone number on each type A home provisional license or	38517
license which any person may use to report a suspected violation	38518
by the type A home of this chapter or rules adopted pursuant this	38519
chapter;	38520

(15) Requirements for the training of administrators and	38521
child-care staff members in first aid, in prevention, recognition,	38522
and management of communicable diseases, and in child abuse	38523
recognition and prevention;	38524

(16) Procedures to be used by licensees for checking the	38525
references of potential employees of type A homes and procedures	38526
to be used by the director for checking the references of	38527
applicants for licenses to operate type A homes;	38528

(17) Standards providing for the special needs of children	38529
who are handicapped or who require treatment for health conditions	38530
while the child is receiving child day-care or publicly funded	38531
child day-care in the type A home;	38532

(18) Standards for the maximum number of children per	38533
child-care staff member;	38534

(19) Requirements for the amount of usable indoor floor space	38535
for each child;	38536

(20) Requirements for safe outdoor play space;

38537

(21) Qualifications and training requirements for	38538
administrators and for child-care staff members;	38539

(22) Procedures for granting a parent who is the residential	38540
parent and legal custodian, or a custodian or guardian access to	38541
the type A home during its hours of operation;	38542

(23) Standards for the preparation and distribution of a	38543
roster of parents, custodians, and guardians;	38544

(24) Any other procedures and standards necessary to carry	38545
out this chapter.	38546

(G) The director of job and family services shall adopt rules	38547
pursuant to Chapter 119. of the Revised Code governing the	38548
certification of type B family day-care homes.	38549

(1) The rules shall include procedures, standards, and other	38550
necessary provisions for granting limited certification to type B	38551
family day-care homes that are operated by the following adult	38552
providers:	38553

(a) Persons who provide child day-care for eligible children	38554
who are great-grandchildren, grandchildren, nieces, nephews, or	38555
siblings of the provider or for eligible children whose caretaker	38556
parent is a grandchild, child, niece, nephew, or sibling of the	38557
provider;	38558

(b) Persons who provide child day-care for eligible children	38559
all of whom are the children of the same caretaker parent.	38560

The rules shall require, and shall include procedures for the	38561
director to ensure, that type B family day-care homes that receive	38562
a limited certification provide child day-care to children in a	38563
safe and sanitary manner. With regard to providers who apply for	38564
limited certification, a provider shall be granted a provisional	38565
limited certification on signing a declaration under oath	38566
attesting that the provider meets the standards for limited	38567
certification. Such provisional limited certifications shall	38568
remain in effect for no more than sixty calendar days and shall	38569
entitle the provider to offer publicly funded child day-care	38570
during the provisional period. Except as otherwise provided in	38571
division (G)(1) of this section, prior to the expiration of the	38572
provisional limited certificate, a county department of job and	38573
family services shall inspect the home and shall grant limited	38574
certification to the provider if the provider meets the	38575
requirements of this division. Limited certificates remain valid	38576
for two years unless earlier revoked. Except as otherwise provided	38577
in division (G)(1) of this section, providers operating under	38578
limited certification shall be inspected annually.	38579

If a provider is a person described in division (G)(1)(a) of	38580
this section or a person described in division (G)(1)(b) of this	38581
section who is a friend of the caretaker parent, the provider and	38582
the caretaker parent may verify in writing to the county	38583
department of job and family services that minimum health and	38584
safety requirements are being met in the home. If such	38585
verification is provided, the county shall waive any inspection	38586
and any criminal records check required by this chapter and grant	38587
limited certification to the provider.	38588

(2) The rules shall provide for safeguarding the health,	38589
safety, and welfare of children receiving child day-care or	38590
publicly funded child day-care in a certified type B home and	38591
shall include the following:	38592

(a) Standards for ensuring that the type B home and the	38593
physical surroundings of the type B home are safe and sanitary,	38594
including, but not limited to, physical environment, physical	38595
plant, and equipment;	38596

(b) Standards for the supervision, care, and discipline of	38597
children receiving child day-care or publicly funded child	38598
day-care in the home;	38599

(c) Standards for a program of activities, and for play	38600
equipment, materials, and supplies to enhance the development of	38601
each child; however, any educational curricula, philosophies, and	38602
methodologies that are developmentally appropriate and that	38603
enhance the social, emotional, intellectual, and physical	38604
development of each child shall be permissible;	38605

(d) Admission policies and procedures, health care, first aid	38606
and emergency procedures, procedures for the care of sick	38607
children, procedures for discipline and supervision of children,	38608
nutritional standards, and procedures for screening children and	38609
authorized providers, including, but not limited to, any necessary	38610
physical examinations and immunizations;	38611

(e) Methods of encouraging parental participation and	38612
ensuring that the rights of children, parents, and authorized	38613
providers are protected and the responsibilities of parents and	38614
authorized providers are met;	38615

(f) Standards for the safe transport of children when under	38616
the care of authorized providers;	38617

(g) Procedures for issuing, renewing, denying, refusing to	38618
renew, or revoking certificates;	38619

(h) Procedures for the inspection of type B family day-care	38620
homes that require, at a minimum, that each type B family day-care	38621
home be inspected prior to certification to ensure that the home	38622
is safe and sanitary;	38623

(i) Procedures for record keeping and evaluation;

38624

(j) Procedures for receiving, recording, and responding to	38625
complaints;	38626

(k) Standards providing for the special needs of children who	38627
are handicapped or who receive treatment for health conditions	38628
while the child is receiving child day-care or publicly funded	38629
child day-care in the type B home;	38630

(l) Requirements for the amount of usable indoor floor space	38631
for each child;	38632

(m) Requirements for safe outdoor play space;

38633

(n) Qualification and training requirements for authorized	38634
providers;	38635

(o) Procedures for granting a parent who is the residential	38636
parent and legal custodian, or a custodian or guardian access to	38637
the type B home during its hours of operation;	38638

(p) Any other procedures and standards necessary to carry out	38639
this chapter.	38640

(H) The director shall adopt rules pursuant to Chapter 119.	38641
of the Revised Code governing the certification of in-home aides.	38642
The rules shall include procedures, standards, and other necessary	38643
provisions for granting limited certification to in-home aides who	38644
provide child day-care for eligible children who are	38645
great-grandchildren, grandchildren, nieces, nephews, or siblings	38646
of the in-home aide or for eligible children whose caretaker	38647
parent is a grandchild, child, niece, nephew, or sibling of the	38648
in-home aide. The rules shall require, and shall include	38649
procedures for the director to ensure, that in-home aides that	38650
receive a limited certification provide child day-care to children	38651
in a safe and sanitary manner. The rules shall provide for	38652
safeguarding the health, safety, and welfare of children receiving	38653
publicly funded child day-care in their own home and shall include	38654
the following:	38655

(1) Standards for ensuring that the child's home and the	38656
physical surroundings of the child's home are safe and sanitary,	38657
including, but not limited to, physical environment, physical	38658
plant, and equipment;	38659

(2) Standards for the supervision, care, and discipline of	38660
children receiving publicly funded child day-care in their own	38661
home;	38662

(3) Standards for a program of activities, and for play	38663
equipment, materials, and supplies to enhance the development of	38664
each child; however, any educational curricula, philosophies, and	38665
methodologies that are developmentally appropriate and that	38666
enhance the social, emotional, intellectual, and physical	38667
development of each child shall be permissible;	38668

(4) Health care, first aid, and emergency procedures,	38669
procedures for the care of sick children, procedures for	38670
discipline and supervision of children, nutritional standards, and	38671
procedures for screening children and in-home aides, including,	38672
but not limited to, any necessary physical examinations and	38673
immunizations;	38674

(5) Methods of encouraging parental participation and	38675
ensuring that the rights of children, parents, and in-home aides	38676
are protected and the responsibilities of parents and in-home	38677
aides are met;	38678

(6) Standards for the safe transport of children when under	38679
the care of in-home aides;	38680

(7) Procedures for issuing, renewing, denying, refusing to	38681
renew, or revoking certificates;	38682

(8) Procedures for inspection of homes of children receiving	38683
publicly funded child day-care in their own homes;	38684

(9) Procedures for record keeping and evaluation;

38685

(10) Procedures for receiving, recording, and responding to	38686
complaints;	38687

(11) Qualifications and training requirements for in-home	38688
aides;	38689

(12) Standards providing for the special needs of children	38690
who are handicapped or who receive treatment for health conditions	38691
while the child is receiving publicly funded child day-care in the	38692
child's own home;	38693

(13) Any other procedures and standards necessary to carry	38694
out this chapter.	38695

(I) To the extent that any rules adopted for the purposes of	38696
this section require a health care professional to perform a	38697
physical examination, the rules shall include as a health care	38698
professional a physician assistant, a clinical nurse specialist, a	38699
certified nurse practitioner, or a certified nurse-midwife.	38700

(J)(1) The director of job and family services shall ~~send~~	38701
~~copies~~do all of the following:	38702

(a) Send to each licensee notice of proposed rules ~~to each~~	38703
~~licensee and each county director of job and family services and~~	38704
~~shall give~~governing the licensure of child day-care centers and	38705
type A homes;	38706

(b) Give public notice of hearings regarding the rules to	38707
each licensee ~~and each county director of job and family services~~	38708
at least thirty days prior to the date of the public hearing, in	38709
accordance with section 119.03 of the Revised Code.;	38710

(c) Prior to the effective date of a rule, ~~the director of~~	38711
~~job and family services shall~~ provide ~~copies~~, in either paper or	38712
electronic form, a copy of the adopted rule to each licensee ~~and~~	38713
~~each county director of job and family services~~.	38714

(2) The director shall do all of the following:

38715

(a) Send to each county director of job and family services a	38716
notice of proposed rules governing the certification of type B	38717
family homes and in-home aides that includes an internet web site	38718
address where the proposed rules can be viewed;	38719

(b) Give public notice of hearings regarding the proposed	38720
rules not less than thirty days in advance;	38721

(c) Provide to each county director of job and family	38722
services an electronic copy of each adopted rule prior to the	38723
rule's effective date.	38724

(3) The county director of job and family services shall send	38725
copies of proposed rules to each authorized provider and in-home	38726
aide and shall give public notice of hearings regarding the rules	38727
to each authorized provider and in-home aide at least thirty days	38728
prior to the date of the public hearing, in accordance with	38729
section 119.03 of the Revised Code. Prior to the effective date of	38730
a rule, the county director of job and family services shall	38731
provide copies of the adopted rule to each authorized provider and	38732
in-home aide.	38733

(4) Additional copies of proposed and adopted rules shall be	38734
made available by the director of job and family services to the	38735
public on request at no charge.	38736

(K) The director of job and family services shall review all	38737
rules adopted pursuant to this chapter at least once every seven	38738
years.	38739

(L) Notwithstanding any provision of the Revised Code, the	38740
director of job and family services shall not regulate in any way	38741
under this chapter or rules adopted pursuant to this chapter,	38742
instruction in religious or moral doctrines, beliefs, or values.	38743

Sec. 5104.02. (A) The director of job and family services is	38744
responsible for the licensing of child day-care centers and type A	38745
family day-care homes, and for the enforcement of this chapter and	38746
of rules promulgated pursuant to this chapter. No person, firm,	38747
organization, institution, or agency shall operate, establish,	38748
manage, conduct, or maintain a child day-care center or type A	38749
family day-care home without a license issued under section	38750
5104.03 of the Revised Code. The current license shall be posted	38751
in a conspicuous place in the center or type A home that is	38752
accessible to parents, custodians, or guardians and employees of	38753
the center or type A home at all times when the center or type A	38754
home is in operation.	38755

(B) A person, firm, institution, organization, or agency	38756
operating any of the following programs is exempt from the	38757
requirements of this chapter:	38758

(1) A program of child day-care that operates for two or less	38759
consecutive weeks;	38760

(2) Child day-care in places of worship during religious	38761
activities during which children are cared for while at least one	38762
parent, guardian, or custodian of each child is participating in	38763
such activities and is readily available;	38764

(3) Religious activities which do not provide child day-care;

38765

(4) Supervised training, instruction, or activities of	38766
children in specific areas, including, but not limited to: art;	38767
drama; dance; music; gymnastics, swimming, or another athletic	38768
skill or sport; computers; or an educational subject conducted on	38769
an organized or periodic basis no more than one day a week and for	38770
no more than six hours duration;	38771

(5) Programs in which the director determines that at least	38772
one parent, custodian, or guardian of each child is on the	38773
premises of the facility offering child day-care and is readily	38774
accessible at all times, except that child day-care provided on	38775
the premises at which a parent, custodian, or guardian is employed	38776
more than two and one-half hours a day shall be licensed in	38777
accordance with division (A) of this section;	38778

(6)(a) Programs that provide child day-care funded and	38779
regulated or operated and regulated by state departments other	38780
than the department of job and family services or the state board	38781
of education when the director of job and family services has	38782
determined that the rules governing the program are equivalent to	38783
or exceed the rules promulgated pursuant to this chapter.	38784

Notwithstanding any exemption from regulation under this	38785
chapter, each state department shall submit to the director of job	38786
and family services a copy of the rules that govern programs that	38787
provide child day-care and are regulated or operated and regulated	38788
by the department. Annually, each state department shall submit to	38789
the director a report for each such program it regulates or	38790
operates and regulates that includes the following information:	38791

(i) The site location of the program;

38792

(ii) The maximum number of infants, toddlers, preschool	38793
children, or school children served by the program at one time;	38794

(iii) The number of adults providing child day-care for the	38795
number of infants, toddlers, preschool children, or school	38796
children;	38797

(iv) Any changes in the rules made subsequent to the time	38798
when the rules were initially submitted to the director.	38799

The director shall maintain a record of the child day-care	38800
information submitted by other state departments and shall provide	38801
this information upon request to the general assembly or the	38802
public.	38803

(b) Child day-care programs conducted by boards of education	38804
or by chartered nonpublic schools that are conducted in school	38805
buildings and that provide child day-care to school children only	38806
shall be exempt from meeting or exceeding rules promulgated	38807
pursuant to this chapter.	38808

(7) Any preschool program or school child program, except a	38809
head start program, that is subject to licensure by the department	38810
of education under sections 3301.52 to 3301.59 of the Revised	38811
Code.	38812

(8) Any program providing child day-care that meets all of	38813
the following requirements and, on October 20, 1987, was being	38814
operated by a nonpublic school that holds a charter issued by the	38815
state board of education for kindergarten only:	38816

(a) The nonpublic school has given the notice to the state	38817
board and the director of job and family services required by	38818
Section 4 of Substitute House Bill No. 253 of the 117th general	38819
assembly;	38820

(b) The nonpublic school continues to be chartered by the	38821
state board for kindergarten, or receives and continues to hold a	38822
charter from the state board for kindergarten through grade five;	38823

38824

(d) The program is operated in accordance with rules	38825
promulgated by the state board under sections 3301.52 to 3301.57	38826
of the Revised Code.	38827

(9) A youth development program operated outside of school	38828
hours by a community-based center to which all of the following	38829
apply:	38830

(a) The children enrolled in the program are under nineteen	38831
years of age and enrolled in or eligible to be enrolled in a grade	38832
of kindergarten or above.	38833

(b) The program provides informal child care and at least two	38834
of the following supervised activities: educational, recreational,	38835
culturally enriching, social, and personal development activities.	38836

(c) The state board of education has approved the program's	38837
participation in the child and adult care food program as an	38838
outside-school-hours care center pursuant to standards established	38839
under section 3313.813 of the Revised Code.	38840

(d) The community-based center operating the program is	38841
exempt from federal income taxation pursuant to 26 U.S.C. 501(a)	38842
and (c)(3).	38843

Sec. 5104.04. (A) The department of job and family services	38844
shall establish procedures to be followed in investigating,	38845
inspecting, and licensing child day-care centers and type A family	38846
day-care homes.	38847

(B)(1) The department shall, at least twice during every	38848
twelve-month period of operation of a center or type A home,	38849
inspect the center or type A home. The department shall inspect a	38850
part-time center or part-time type A home at least once during	38851
every twelve-month period of operation. The department shall	38852
provide a written inspection report to the licensee within a	38853
reasonable time after each inspection. The licensee shall display	38854
all written reports of inspections conducted during the current	38855
licensing period in a conspicuous place in the center or type A	38856
home.	38857

At least one inspection shall be unannounced and all	38858
inspections may be unannounced. No person, firm, organization,	38859
institution, or agency shall interfere with the inspection of a	38860
center or type A home by any state or local official engaged in	38861
performing duties required of the state or local official by	38862
Chapter 5104. of the Revised Code or rules adopted pursuant to	38863
Chapter 5104. of the Revised Code, including inspecting the center	38864
or type A home, reviewing records, or interviewing licensees,	38865
employees, children, or parents.	38866

Upon receipt of any complaint that a center or type A home is	38867
out of compliance with the requirements of Chapter 5104. of the	38868
Revised Code or rules adopted pursuant to Chapter 5104. of the	38869
Revised Code, the department shall investigate and may inspect a	38870
center or type A home.	38871

(2) If the department implements an instrument-based program	38872
monitoring information system, it may use an indicator checklist	38873
to comply with division (B)(1) of this section.	38874

(3) The department shall, at least once during every	38875
twelve-month period of operation of a center or type A home,	38876
collect information concerning the amounts charged by the center	38877
or home for providing child day-care services for use in	38878
establishing rates of reimbursement and payment pursuant to	38879
section 5104.30 of the Revised Code.	38880

(C) In the event a licensed center or type A home is	38881
determined to be out of compliance with the requirements of	38882
Chapter 5104. of the Revised Code or rules adopted pursuant to	38883
Chapter 5104. of the Revised Code, the department shall notify the	38884
licensee of the center or type A home in writing regarding the	38885
nature of the violation, what must be done to correct the	38886
violation, and by what date the correction must be made. If the	38887
correction is not made by the date established by the department,	38888
the department may commence action under Chapter 119. of the	38889
Revised Code to revoke the license.	38890

(D) The department may deny or revoke a license, or refuse to	38891
renew a license of a center or type A home, if the applicant	38892
knowingly makes a false statement on the application, does not	38893
comply with the requirements of Chapter 5104. or rules adopted	38894
pursuant to Chapter 5104. of the Revised Code, or has pleaded	38895
guilty to or been convicted of an offense described in section	38896
5104.09 of the Revised Code.	38897

(E) If the department finds, after notice and hearing	38898
pursuant to Chapter 119. of the Revised Code, that any person,	38899
firm, organization, institution, or agency licensed under section	38900
5104.03 of the Revised Code is in violation of any provision of	38901
Chapter 5104. of the Revised Code or rules adopted pursuant to	38902
Chapter 5104. of the Revised Code, the department may issue an	38903
order of revocation to the center or type A home revoking the	38904
license previously issued by the department. Upon the issuance of	38905
any order of revocation, the person whose license is revoked may	38906
appeal in accordance with section 119.12 of the Revised Code.	38907

(F) The surrender of a center or type A home license to the	38908
department or the withdrawal of an application for licensure by	38909
the owner or administrator of the center or type A home shall not	38910
prohibit the department from instituting any of the actions set	38911
forth in this section.	38912

(G) Whenever the department receives a complaint, is advised,	38913
or otherwise has any reason to believe that a center or type A	38914
home is providing child day-care without a license issued or	38915
renewed pursuant to section 5104.03 and is not exempt from	38916
licensing pursuant to section 5104.02 of the Revised Code, the	38917
department shall investigate the center or type A home and may	38918
inspect the areas children have access to or areas necessary for	38919
the care of children in the center or type A home during suspected	38920
hours of operation to determine whether the center or type A home	38921
is subject to the requirements of Chapter 5104. or rules adopted	38922
pursuant to Chapter 5104. of the Revised Code.	38923

(H) The department, upon determining that the center or type	38924
A home is operating without a license, shall notify the attorney	38925
general, the prosecuting attorney of the county in which the	38926
center or type A home is located, or the city attorney, village	38927
solicitor, or other chief legal officer of the municipal	38928
corporation in which the center or type A home is located, that	38929
the center or type A home is operating without a license. Upon	38930
receipt of the notification, the attorney general, prosecuting	38931
attorney, city attorney, village solicitor, or other chief legal	38932
officer of a municipal corporation shall file a complaint in the	38933
court of common pleas of the county in which the center or type A	38934
home is located requesting that the court grant an order enjoining	38935
the owner from operating the center or type A home. The court	38936
shall grant such injunctive relief upon a showing that the	38937
respondent named in the complaint is operating a center or type A	38938
home and is doing so without a license.	38939

(I) The department shall prepare an annual report on	38940
inspections conducted under this section. The report shall include	38941
the number of inspections conducted, the number and types of	38942
violations found, and the steps taken to address the violations.	38943
The department shall file the report with the governor, the	38944
president and minority leader of the senate, and the speaker and	38945
minority leader of the house of representatives on or before the	38946
first day of January of each year, beginning in 1999.	38947

Sec. 5104.30. (A) The department of job and family services	38948
is hereby designated as the state agency responsible for	38949
administration and coordination of federal and state funding for	38950
publicly funded child day-care in this state. Publicly funded	38951
child day-care shall be provided to the following:	38952

(1) Recipients of transitional child day-care as provided	38953
under section 5104.34 of the Revised Code;	38954

(2) Participants in the Ohio works first program established	38955
under Chapter 5107. of the Revised Code;	38956

(3) Individuals who would be participating in the Ohio works	38957
first program if not for a sanction under section 5107.16 of the	38958
Revised Code and who continue to participate in a work activity,	38959
developmental activity, or alternative work activity pursuant to	38960
an assignment under section 5107.42 of the Revised Code;	38961

(4) A family receiving publicly funded child day-care on	38962
October 1, 1997, until the family's income reaches one hundred	38963
fifty per cent of the federal poverty line;	38964

(5) Subject to available funds, other individuals determined	38965
eligible in accordance with rules adopted under section 5104.38 of	38966
the Revised Code.	38967

The department shall apply to the United States department of	38968
health and human services for authority to operate a coordinated	38969
program for publicly funded child day-care, if the director of job	38970
and family services determines that the application is necessary.	38971
For purposes of this section, the department of job and family	38972
services may enter into agreements with other state agencies that	38973
are involved in regulation or funding of child day-care. The	38974
department shall consider the special needs of migrant workers	38975
when it administers and coordinates publicly funded child day-care	38976
and shall develop appropriate procedures for accommodating the	38977
needs of migrant workers for publicly funded child day-care.	38978

(B) The department of job and family services shall	38979
distribute state and federal funds for publicly funded child	38980
day-care, including appropriations of state funds for publicly	38981
funded child day-care and appropriations of federal funds ~~for~~	38982
~~publicly funded child day-care~~available under ~~Title XX of the~~	38983
~~"Social Security Act," 88 Stat. 2337 (1974), 42 U.S.C.A. 1397, as~~	38984
~~amended, and~~ the child care block grant act, Title IV-A, and Title	38985
XX. The department may use any state funds appropriated for	38986
publicly funded child day-care as the state share required to	38987
match any federal funds appropriated for publicly funded child	38988
day-care.	38989

(C) The department may use federal funds available under the	38990
child care block grant act to provide payments to head start	38991
programs in advance of their provision of publicly funded child	38992
day-care.	38993

The department may use federal funds available under the	38994
child care block grant act to hire staff to prepare any rules	38995
required under this chapter and to administer and coordinate	38996
federal and state funding for publicly funded child day-care.	38997

Not more than five per cent of the aggregate amount of those	38998
federal funds received for a fiscal year may be expended for	38999
administrative costs. The department shall allocate and use at	39000
least four per cent of the federal funds for the following:	39001

(1) Activities designed to provide comprehensive consumer	39002
education to parents and the public;	39003

(2) Activities that increase parental choice;

39004

(3) Activities, including child day-care resource and	39005
referral services, designed to improve the quality, and increase	39006
the supply, of child day-care.	39007

(D) The department shall ensure that any federal funds	39008
received by the state under the child care block grant act will be	39009
used only to supplement, and will not be used to supplant,	39010
federal, state, and local funds available on the effective date of	39011
that act for publicly funded child day-care and related programs.	39012
A county department of job and family services may purchase child	39013
day-care from funds obtained through any other means.	39014

(E) The department shall encourage the development of	39015
suitable child day-care throughout the state, especially in areas	39016
with high concentrations of recipients of public assistance and	39017
families with low incomes. The department shall encourage the	39018
development of suitable child day-care designed to accommodate the	39019
special needs of migrant workers. On request, the department,	39020
through its employees or contracts with state or community child	39021
day-care resource and referral service organizations, shall	39022
provide consultation to groups and individuals interested in	39023
developing child day-care. The department of job and family	39024
services may enter into interagency agreements with the department	39025
of education, the board of regents, the department of development,	39026
and other state agencies and entities whenever the cooperative	39027
efforts of the other state agencies and entities are necessary for	39028
the department of job and family services to fulfill its duties	39029
and responsibilities under this chapter.	39030

The department may develop and maintain a registry of persons	39031
providing child day-care. The director may adopt rules pursuant to	39032
Chapter 119. of the Revised Code establishing procedures and	39033
requirements for the registry's administration.	39034

(F) The director shall adopt rules in accordance with Chapter	39035
119. of the Revised Code establishing a procedure for determining	39036
rates of reimbursement and payment and a procedure for reimbursing	39037
and paying providers of publicly funded child day-care. In	39038
establishing the rates ~~of reimbursement pursuant to this division~~,	39039
the director shall use the information obtained under division	39040
(B)(3) of section 5104.04 of the Revised Code and may establish	39041
different rates ~~of reimbursement~~ based on the geographic location	39042
of the provider, type of care provided, age of the child served,	39043
special needs of the child, whether expanded hours of service are	39044
provided, whether weekend service is provided, whether the	39045
provider has exceeded the minimum requirements of state statutes	39046
and rules governing child day-care, and any other factors the	39047
director considers appropriate. The director shall establish an	39048
enhanced rate ~~of reimbursement~~ for providers who provide child	39049
day-care for caretaker parents who work nontraditional hours. For	39050
a type B family day-care home that has received limited	39051
certification pursuant to rules adopted under division (G)(1) of	39052
section 5104.011 of the Revised Code, the department shall adopt	39053
rules establishing a ~~reimbursement~~ rate that is the greater of the	39054
rate that was in effect for the home on October 1, 1997, or	39055
seventy-five per cent of the ~~reimbursement~~ rate that applies to a	39056
type B family day-care home certified by the same county	39057
department of job and family services pursuant to section 5104.11	39058
of the Revised Code.	39059

Sec. 5104.32. (A) Except as provided in division (C) of this	39060
section, all purchases of publicly funded child day-care shall be	39061
made under a contract entered into by a licensed child day-care	39062
center, licensed type A family day-care home, certified type B	39063
family day-care home, certified in-home aide, approved child day	39064
camp, licensed preschool program, licensed school child program,	39065
or border state child day-care provider and the county department	39066
of job and family services. A county department of job and family	39067
services may enter into a contract with a provider for publicly	39068
funded child day-care for a specified period of time or upon a	39069
continuous basis for an unspecified period of time. All contracts	39070
for publicly funded child day-care shall be contingent upon the	39071
availability of state and federal funds. The department of job and	39072
family services shall prescribe a standard form to be used for all	39073
contracts for the purchase of publicly funded child day-care,	39074
regardless of the source of public funds used to purchase the	39075
child day-care. To the extent permitted by federal law and	39076
notwithstanding any other provision of the Revised Code that	39077
regulates state or county contracts or contracts involving the	39078
expenditure of state, county, or federal funds, all contracts for	39079
publicly funded child day-care shall be entered into in accordance	39080
with the provisions of this chapter and are exempt from any other	39081
provision of the Revised Code that regulates state or county	39082
contracts or contracts involving the expenditure of state, county,	39083
or federal funds.	39084

(B) Each contract for publicly funded child day-care shall	39085
specify at least the following:	39086

(1) Except as provided in division (B)(2) of this section,	39087
that the provider of publicly funded child day-care agrees to be	39088
paid for rendering services at the lower of the rate customarily	39089
charged by the provider for children enrolled for child day-care	39090
or the ~~rate~~rates of reimbursement and payment established	39091
pursuant to section 5104.30 of the Revised Code;	39092

(2) If the provider provides publicly funded child day-care	39093
to caretaker parents who work nontraditional hours, that the	39094
provider is to be paid for rendering services to those caretaker	39095
parents at the ~~rate~~rates of reimbursement and payment established	39096
pursuant to section 5104.30 of the Revised Code regardless of	39097
whether that rate is higher than the rate the provider customarily	39098
charges for children enrolled for child day-care;	39099

(3) That, if a provider provides child day-care to an	39100
individual potentially eligible for publicly funded child day-care	39101
who is subsequently determined to be eligible, the county	39102
department agrees to pay for all child day-care provided between	39103
the date the county department receives the individual's completed	39104
application and the date the individual's eligibility is	39105
determined;	39106

(4) Whether the county department of job and family services,	39107
the provider, or a child day-care resource and referral service	39108
organization will make eligibility determinations, whether the	39109
provider or a child day-care resource and referral service	39110
organization will be required to collect information to be used by	39111
the county department to make eligibility determinations, and the	39112
time period within which the provider or child day-care resource	39113
and referral service organization is required to complete required	39114
eligibility determinations or to transmit to the county department	39115
any information collected for the purpose of making eligibility	39116
determinations;	39117

(5) That the provider, other than a border state child	39118
day-care provider or except as provided in divsion (B) of section	39119
3301.37 of the Revised Code, shall continue to be licensed,	39120
approved, or certified pursuant to this chapter ~~or sections~~	39121
~~3301.52 to 3301.59 of the Revised Code~~ and shall comply with all	39122
standards and other requirements in this chapter ~~and those~~	39123
~~sections~~ and in rules adopted pursuant to this chapter ~~or those~~	39124
~~sections~~ for maintaining the provider's license, approval, or	39125
certification;	39126

(6) That, in the case of a border state child day-care	39127
provider, the provider shall continue to be licensed, certified,	39128
or otherwise approved by the state in which the provider is	39129
located and shall comply with all standards and other requirements	39130
established by that state for maintaining the provider's license,	39131
certificate, or other approval;	39132

(7) Whether the provider will be paid by the county	39133
department of job and family services or the state department of	39134
job and family services;	39135

(8) That the contract is subject to the availability of state	39136
and federal funds.	39137

(C) Unless specifically prohibited by federal law, the county	39138
department of job and family services shall give individuals	39139
eligible for publicly funded child day-care the option of	39140
obtaining certificates for payment that the individual may use to	39141
purchase services from any provider qualified to provide publicly	39142
funded child day-care under section 5104.31 of the Revised Code.	39143
Providers of publicly funded child day-care may present these	39144
certificates for payment for reimbursement in accordance with	39145
rules that the director of job and family services shall adopt.	39146
Only providers may receive reimbursement for certificates for	39147
payment. The value of the certificate for payment shall be based	39148
on the lower of the rate customarily charged by the provider or	39149
the ~~rate~~rates of reimbursement and payment established pursuant	39150
to section 5104.30 of the Revised Code, unless the provider	39151
provides publicly funded child day-care to caretaker parents who	39152
work nontraditional hours, in which case the value of the	39153
certificate for payment for the services to those caretaker	39154
parents shall be based on the ~~rate of reimbursement~~rates	39155
established pursuant to that section regardless of whether that	39156
rate is higher than the rate customarily charged by the provider.	39157
The county department may provide the certificates for payment to	39158
the individuals or may contract with child day-care providers or	39159
child day-care resource and referral service organizations that	39160
make determinations of eligibility for publicly funded child	39161
day-care pursuant to contracts entered into under section 5104.34	39162
of the Revised Code for the providers or resource and referral	39163
service organizations to provide the certificates for payment to	39164
individuals whom they determine are eligible for publicly funded	39165
child day-care.	39166

For each six-month period a provider of publicly funded child	39167
day-care provides publicly funded child day-care to the child of	39168
an individual given certificates offor payment, the individual	39169
shall provide the provider certificates for days the provider	39170
would have provided publicly funded child day-care to the child	39171
had the child been present. County departments shall specify the	39172
maximum number of days providers will be provided certificates of	39173
for payment for days the provider would have provided publicly	39174
funded child day-care had the child been present. The maximum	39175
number of days shall not exceed ten days in a six-month period	39176
during which publicly funded child day-care is provided to the	39177
child regardless of the number of providers that provide publicly	39178
funded child day-care to the child during that period.	39179

Sec. 5107.02. As used in this chapter:

39180

(A) "Adult" means an individual who is not a minor child.

39181

(B) "Assistance group" means a group of individuals treated	39182
as a unit for purposes of determining eligibility for and the	39183
amount of assistance provided under Ohio works first.	39184

(C) "Custodian" means an individual who has legal custody, as	39185
defined in section 2151.011 of the Revised Code, of a minor child	39186
or comparable status over a minor child created by a court of	39187
competent jurisdiction in another state.	39188

(D) "Guardian" means an individual that is granted authority	39189
by a probate court pursuant to Chapter 2111. of the Revised Code,	39190
or a court of competent jurisdiction in another state, to exercise	39191
parental rights over a minor child to the extent provided in the	39192
court's order and subject to residual parental rights of the minor	39193
child's parents.	39194

(E) "Minor child" means either of the following:

39195

(1) An individual who has not attained age eighteen;

39196

(2) An individual who has not attained age nineteen and is a	39197
full-time student in a secondary school or in the equivalent level	39198
of vocational or technical training.	39199

(F) "Minor head of household" means a minor child who is	39200
either of the following:	39201

(1) AtIs married, at least six months pregnant, and a member	39202
of an assistance group that does not include an adult;	39203

(2) AIs married and is a parent of a child included in the	39204
same assistance group that does not include an adult.	39205

(G) "Ohio works first" means the program established by this	39206
chapter known as temporary assistance for needy families in Title	39207
IV-A.	39208

(H) "Payment standard" means the amount specified in rules	39209
adopted under section 5107.05 of the Revised Code that is the	39210
maximum amount of cash assistance an assistance group may receive	39211
under Ohio works first from state and federal funds.	39212

(I) "Specified relative" means the following individuals who	39213
are age eighteen or older:	39214

(1) The following individuals related by blood or adoption:

39215

(a) Grandparents, including grandparents with the prefix	39216
"great," "great-great," or "great-great-great";	39217

(b) Siblings;

39218

(c) Aunts, uncles, nephews, and nieces, including such	39219
relatives with the prefix "great," "great-great," "grand," or	39220
"great-grand";	39221

(d) First cousins and first cousins once removed.

39222

(2) Stepparents and stepsiblings;

39223

(3) Spouses and former spouses of individuals named in	39224
division (I)(1) or (2) of this section.	39225

(J) "Title IV-A" or "Title IV-D" means Title IV-A or Title	39226
IV-D of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.	39227
301, as amended.	39228

Sec. 5107.30. (A) As used in this section:

39229

(1) "LEAP program" means the learning, earning, and parenting	39230
program.	39231

(2) "Teen" means a participant of Ohio works first who is	39232
under age ~~twenty~~eighteen or is age eighteen and in school and is	39233
a natural or adoptive parent or is pregnant.	39234

(3) "School" means an educational program that is designed to	39235
lead to the attainment of a high school diploma or the equivalent	39236
of a high school diploma.	39237

(B) The director of job and family services may adopt rules	39238
under section 5107.05 of the Revised Code, to the extent that such	39239
rules are consistent with federal law, to do all of the following:	39240

(1) Define "good cause" and "the equivalent of a high school	39241
diploma" for the purposes of this section;	39242

(2) Conduct ~~one or more special demonstration programs~~a	39243
program titled the "LEAP program" and establish requirements	39244
governing the program. The purpose of the LEAP program is to	39245
encourage teens to complete school.	39246

(3) Require every teen who is subject to LEAP program	39247
requirements to attend school in accordance with the requirements	39248
governing the program unless the teen shows good cause for not	39249
attending school. The department shall provide, in addition to the	39250
cash assistance payment provided under Ohio works first, an	39251
incentive payment, in an amount determined by the department, to	39252
every teen who is participating in the LEAP program and attends	39253
school in accordance with the requirements governing the program.	39254
The department shall reduce the cash assistance payment, in an	39255
amount determined by the department, under Ohio works first to	39256
every teen participating in the LEAP program who fails or refuses,	39257
without good cause, to ~~attend school in accordance with~~meet the	39258
requirements governing the program.	39259

(4) Require every teen who is subject to LEAP program	39260
requirements to enter into a written agreement with the county	39261
department of job and family services that provides all of the	39262
following:	39263

(a) The teen, to be eligible to receive the incentive payment	39264
under division (B)(3) of this section, must ~~attend school in~~	39265
~~accordance with~~meet the requirements of the LEAP program;.	39266

(b) The county department will provide the incentive payment	39267
to the teen if the teen ~~attends school;~~meets the requirements of	39268
the LEAP program.	39269

(c) The county department will reduce the cash assistance	39270
payment under Ohio works first if the teen fails or refuses	39271
without good cause to attend school in accordance with the	39272
requirements governing the LEAP program.	39273

~~(5) Evaluate the demonstration programs established under~~	39274
~~this section. In conducting the evaluations, the department of job~~	39275
~~and family services shall select control groups of teens who are~~	39276
~~otherwise subject to the LEAP program requirements.~~	39277

(C) A ~~teen~~minor head of household who is participating in	39278
the LEAP program shall be considered to be participating in a work	39279
activity for the purpose of sections 5107.40 to 5107.69 of the	39280
Revised Code. However, the ~~teen~~minor head of household is not	39281
subject to the requirements or sanctions of those sections~~, unless~~	39282
~~the teen is over age eighteen and meets the LEAP program~~	39283
~~requirements by participating regularly in work activities,~~	39284
~~developmental activities, or alternative work activities under~~	39285
~~those sections~~.	39286

(D) Subject to the availability of funds, county departments	39287
of job and family services shall provide for LEAP participants to	39288
receive support services the county department determines to be	39289
necessary for LEAP participation. Support services may include	39290
publicly funded child day-care under Chapter 5104. of the Revised	39291
Code, transportation, and other services.	39292

Sec. 5107.37. An(A) Except as provided in division (B) of	39293
this section, an individual who resides in a county home, city	39294
infirmary, jail, or other public institution is not eligible to	39295
participate in Ohio works first.	39296

(B) Division (A) of this section does not apply to a minor	39297
child residing with the minor child's mother who participates in a	39298
prison nursery program established under section 5120.65 of the	39299
Revised Code.	39300

Sec. 5107.40. As used in sections 5107.40 to 5107.69 of the	39301
Revised Code:	39302

(A) "Alternative work activity" means an activity designed to	39303
promote self sufficiency and personal responsibility established	39304
by a county department of job and family services under section	39305
5107.64 of the Revised Code.	39306

(B) "Developmental activity" means an activity designed to	39307
promote self sufficiency and personal responsibility established	39308
by a county department of job and family services under section	39309
5107.62 of the Revised Code.	39310

(C) "High school equivalence diploma" means a diploma	39311
attesting to achievement of the equivalent of a high school	39312
education as measured by scores obtained on the tests of general	39313
educational development published by the American council on	39314
education. "High school equivalence diploma" includes a	39315
certificate of high school equivalence issued prior to January 1,	39316
1994, attesting to the achievement of the equivalent of a high	39317
school education as measured by scores obtained on tests of	39318
general educational development.	39319

(D) "Work activity" means the following:

39320

(1) Unsubsidized employment activities established under	39321
section 5107.60 of the Revised Code;	39322

(2) The subsidized employment program established under	39323
section 5107.52 of the Revised Code;	39324

(3) The work experience program established under section	39325
5107.54 of the Revised Code;	39326

(4) On-the-job training activities established under section	39327
5107.60 of the Revised Code;	39328

(5) The job search and readiness program established under	39329
section 5107.50 of the Revised Code;	39330

(6) Community service activities established under section	39331
5107.60 of the Revised Code;	39332

(7) Vocational educational training activities established	39333
under section 5107.60 of the Revised Code;	39334

(8) Jobs skills training activities established under section	39335
5107.60 of the Revised Code that are directly related to	39336
employment;	39337

(9) Education activities established under section 5107.60 of	39338
the Revised Code that are directly related to employment for	39339
participants of Ohio works first who have not earned a high school	39340
diploma or high school equivalence diploma;	39341

(10) Education activities established under section 5107.60	39342
of the Revised Code for participants of Ohio works first who have	39343
not completed secondary school or received a high school	39344
equivalence diploma under which the participants attend a	39345
secondary school or a course of study leading to a high school	39346
equivalence diploma;	39347

(11) Child-care service activities, including training,	39348
established under section 5107.60 of the Revised Code to aid	39349
another participant of Ohio works first assigned to a community	39350
service activity or other work activity;	39351

(12) The education program established under section 5107.58	39352
of the Revised Code that are operated pursuant to a federal waiver	39353
granted by the United States secretary of health and human	39354
services pursuant to a request made under former section 5101.09	39355
of the Revised Code;	39356

(13) ~~Except as limited~~To the extent provided by division (C)	39357
of section 5107.30 of the Revised Code, the LEAP program	39358
established under that section.	39359

Sec. 5107.60. In accordance with Title IV-A, federal	39360
regulations, state law, the Title IV-A state plan prepared under	39361
section 5101.80 of the Revised Code, and amendments to the plan,	39362
county departments of job and family services shall establish and	39363
administer the following work activities, in addition to the work	39364
activities established under sections 5107.50, 5107.52, 5107.54,	39365
and 5107.58 of the Revised Code, for minor heads of households and	39366
adults participating in Ohio works first:	39367

(A) Unsubsidized employment activities, including activities	39368
a county department determines are legitimate entrepreneurial	39369
activities;	39370

(B) On-the-job training activities, including training to	39371
become an employee of a child day-care center or type A family	39372
day-care home, authorized provider of a certified type B family	39373
day-care home, or in-home aide;	39374

(C) Community service activities including a program under	39375
which a participant of Ohio works first who is the parent,	39376
guardian, custodian, or specified relative responsible for the	39377
care of a minor child enrolled in grade twelve or lower is	39378
involved in the minor child's education on a regular basis;	39379

(D) Vocational educational training activities;

39380

(E) Jobs skills training activities that are directly related	39381
to employment;	39382

(F) Education activities that are directly related to	39383
employment for participants who have not earned a high school	39384
diploma or high school equivalence diploma;	39385

(G) Education activities for participants who have not	39386
completed secondary school or received a high school equivalence	39387
diploma under which the participants attend a secondary school or	39388
a course of study leading to a high school equivalence diploma,	39389
including LEAP participation by a minor head of household;	39390

(H) Child-care service activities aiding another participant	39391
assigned to a community service activity or other work activity. A	39392
county department may provide for a participant assigned to this	39393
work activity to receive training necessary to provide child-care	39394
services.	39395

Sec. 5108.01. As used in this chapter:

39396

(A) ~~"Assistance group" means a group of individuals treated~~	39397
~~as a unit for purposes of determining eligibility for the~~	39398
~~prevention, retention, and contingency program~~"County family	39399
services planning committee" means the county family services	39400
planning committee established under section 329.06 of the Revised	39401
Code or the board created by consolidation under division (C) of	39402
section 6301.06 of the Revised Code.	39403

(B) "Prevention, retention, and contingency program" means	39404
the program established by this chapter and funded in part with	39405
federal funds provided under Title IV-A.	39406

(C) "Title IV-A" means Title IV-A of the "Social Security	39407
Act," 49 Stat. 620 (1935), 42 U.S.C. 301, as amended.	39408

Sec. 5108.03. Under the prevention, retention, and	39409
contingency program, aeach county department of job and family	39410
services shall ~~provide~~do both of the following in accordance with	39411
the statement of policies the county department develops under	39412
section 5108.04 of the Revised Code:	39413

(A) Provide benefits and services that individuals need to	39414
overcome immediate barriers to achieving or maintaining self	39415
sufficiency and personal responsibility;	39416

(B) Perform related administrative duties. ~~A county~~	39417
~~department shall provide the benefits and services in accordance~~	39418
~~with either the model design for the program that the department~~	39419
~~of job and family services develops under section 5108.05 of the~~	39420
~~Revised Code or the county department's own policies for the~~	39421
~~program developed under section 5108.06 of the Revised Code.~~	39422

~~Sec. 5108.06.~~ Sec. 5108.04. Each county department of job and	39423
family services shall ~~either~~ adopt ~~the model design for~~a written	39424
statement of policies governing the prevention, retention, and	39425
contingency program ~~the department of job and family services~~	39426
~~develops under section 5108.05 of the Revised Code or develop its~~	39427
~~own policies~~ for the ~~program~~county. ~~To develop its own policies,~~	39428
~~a county department shall adopt a written statement of the~~	39429
~~policies governing the program. The policies may be a modification~~	39430
~~of the model design, different from the model design, or a~~	39431
~~combination.~~The statement of policies shall be adopted not later	39432
than October 1, 2003, and shall be updated at least every two	39433
years thereafter. A county department may amend its statement of	39434
policies to modify, terminate, and establish new policies. The	39435
county director of job and family services shall sign and date the	39436
statement of policies and any amendment to it. Neither the	39437
statement of policies nor any amendment to it may have an	39438
effective date that is earlier than the date of the county	39439
director's signature.	39440

AEach county department of job and family services shall	39441
~~inform~~provide the department of job and family services of	39442
~~whether it has adopted the model design or developed its own~~	39443
~~policies for the prevention, retention, and contingency program.~~	39444
~~If a county department develops its own policies, it shall provide~~	39445
~~the department~~ a written copy of the statement of policies and any	39446
amendments it adopts to the statement not later than ten calendar	39447
days after the statement or amendment's effective date.	39448

~~Sec. 5108.07.~~ Sec. 5108.05. ~~The model design for the prevention,~~	39449
~~retention, and contingency program that the department of job and~~	39450
~~family services develops under section 5108.05 of the Revised Code~~	39451
~~and policies for the program that a county department of job and~~	39452
~~family services may develop under section 5108.06 of the Revised~~	39453
~~Code shall establish~~In adopting a statement of policies under	39454
section 5108.04 of the Revised Code for the county's prevention,	39455
retention, and contingency program, each county department of job	39456
and family services shall do all of the following:	39457

(A) Establish or specify ~~eligibility requirements for~~	39458
~~assistance groups that apply for the program under section 5108.10~~	39459
~~of the Revised Code, benefits~~all of the following:	39460

(1) Benefits and services to be provided under the program to	39461
~~assistance groups, administrative~~that are allowable uses of	39462
federal Title IV-A funds under 42 U.S.C. 601 and 604(a), except	39463
that they may not be "assistance" as defined in 45 C.F.R.	39464
260.31(a) but rather benefits and services that 45 C.F.R.	39465
260.31(b) excludes from the definition of assistance;	39466

(2) Restrictions on the amount, duration, and frequency of	39467
the benefits and services;	39468

(3) Eligibility requirements for the benefits and services;

39469

(4) Fair and equitable procedures for both of the following:

39470

(a) The certification of eligibility for the benefits and	39471
services that do not have a financial need eligibility	39472
requirement;	39473

(b) The determination and verification of eligibility for the	39474
benefits and services that have a financial need eligibility	39475
requirement.	39476

(5) Objective criteria for the delivery of the benefits and	39477
services;	39478

(6) Administrative requirements~~, and other~~;

39479

(7) Other matters the ~~department, in the case of the model~~	39480
~~design, or a~~ county department~~, in the case of county policies,~~	39481
~~determine~~determines are necessary.	39482

~~The model design and a county department's policies may~~	39483
~~establish eligibility requirements for, and specify benefits and~~	39484
~~services to be provided to, types of groups, such as students in~~	39485
~~the same class, that share a common need for the benefits and~~	39486
~~services. If the model design or a county department's policies~~	39487
~~include such a provision, the model design or county department's~~	39488
~~policies shall require that each individual who is to receive the~~	39489
~~benefits and services meet the eligibility requirements~~	39490
~~established for the type of group of which the individual is a~~	39491
~~member. The model design or county department's policies also~~	39492
~~shall require that the county department providing the benefits~~	39493
~~and services certify the group's eligibility, specify the duration~~	39494
~~that the group is to receive the benefits and services, and~~	39495
~~maintain the eligibility information for each member of the group~~	39496
~~receiving the benefits and services.~~	39497

~~The model design and a county department's policies may~~	39498
~~specify benefits and services that a county department may provide~~	39499
~~for the general public, including billboards that promote the~~	39500
~~prevention, and reduction in the incidence, of out-of-wedlock~~	39501
~~pregnancies or encourage the formation and maintenance of~~	39502
~~two-parent families.~~	39503

~~The model design and a county department's policies must be~~	39504
~~consistent with~~(B) Provide for the statement of policies to be	39505
consistent with all of the following:	39506

(1) The plan of cooperation the board of county commissioners	39507
develops under section 307.983 of the Revised Code;	39508

(2) The review and analysis of the county family services	39509
committee conducted in accordance with division (B)(2) of section	39510
329.06 of the Revised Code;	39511

(3) Title IV-A, federal regulations, state law, the Title	39512
IV-A state plan submitted to the United States secretary of health	39513
and human services under section 5101.80 of the Revised Code, and	39514
amendments to the plan. ~~All benefits and services to be provided~~	39515
~~under the model design or a county department's policies must be~~	39516
~~allowable uses of federal Title IV-A funds as specified in 42~~	39517
~~U.S.C.A. 604(a), except that they may not be "assistance" as~~	39518
~~defined in 45 C.F.R. 260.31(a). The benefits and services shall be~~	39519
~~benefits and services that 45 C.F.R. 260.31(b) excludes from the~~	39520
~~definition of assistance.~~	39521

(C) Either provide the public and local government entities	39522
at least thirty days to submit comments on, or have the county	39523
family services planning committee review, the statement of	39524
policies, including the design of the county's prevention,	39525
retention, and contingency program, before the county director	39526
signs and dates the statement of policies.	39527

Sec. 5108.06. In adopting a statement of policies under	39528
section 5108.04 of the Revised Code for the county's prevention,	39529
retention, and contingency program, a county department of job and	39530
family services may specify both of the following:	39531

(A) Benefits and services to be provided under the program	39532
that prevent and reduce the incidence of out-of-wedlock	39533
pregnancies or encourage the formation and maintenance of	39534
two-parent families as permitted by 45 C.F.R. 260.20(c) and (d);	39535

(B) How the county department will certify individuals'	39536
eligibility for such benefits and services.	39537

Sec. 5108.07. (A) Each statement of policies adopted under	39538
section 5108.04 of the Revised Code shall include the board of	39539
county commissioners' certification that the county department of	39540
job and family services complied with this chapter in adopting the	39541
statement of policies.	39542

(B) The board of county commissioners shall revise its	39543
certification under division (A) of this section if an amendment	39544
to the statement of policies that the board considers to be	39545
significant is adopted under section 5108.04 of the Revised Code.	39546

Sec. 5108.09. When a state hearing under division (B) of	39547
section 5101.35 of the Revised Code or an administrative appeal	39548
under division (C) of that section is held regarding the	39549
prevention, retention, and contingency program, the hearing	39550
officer, director of job and family services, or director's	39551
designee shall base the decision in the hearing or appeal on ~~the~~	39552
~~following:~~	39553

~~(A) If the county department of job and family services~~	39554
~~involved in the hearing or appeal adopted the department of job~~	39555
~~and family services' model design for the program developed under~~	39556
~~section 5108.05 of the Revised Code, the model design;~~	39557

~~(B) If the county department developed its own policies for~~	39558
~~the program,~~ the county ~~department's~~department of job and family	39559
services' written statement of policies adopted under section	39560
~~5108.06~~5108.04 of the Revised Code and any amendments the county	39561
department adopted to the statement if the county department	39562
provides a copy of the statement of policies and all amendments to	39563
the hearing officer, director, or director's designee at the	39564
hearing or appeal.	39565

Sec. 5108.10. ~~An assistance group seeking to participate in~~	39566
~~the prevention, retention, and contingency program shall apply to~~	39567
~~a county department of job and family services using~~Eligibility	39568
for a benefit or service under a county's prevention, retention,	39569
and contingency program shall be certified in accordance with the	39570
statement of policies adopted under section 5108.04 of the Revised	39571
Code if the benefit or service does not have a financial need	39572
eligibility requirement.	39573

Eligibility for a benefit or service shall be determined in	39574
accordance with the statement of policies and based on an	39575
application containing information the county department of job	39576
and family services requires.	39577

~~When~~if the benefit or service has a financial need	39578
eligibility requirement. When a county department receives an	39579
application for ~~participation in the prevention, retention, and~~	39580
~~contingency program~~such benefits and services, it shall ~~promptly~~	39581
~~make an investigation and record of the circumstances of the~~	39582
~~applicant in order to ascertain~~follow verification procedures	39583
established by the statement of policies to verify the facts	39584
surrounding the application and to obtain such other information	39585
as may be required. On completion of the ~~investigation~~	39586
verification procedure, the county department shall determine	39587
whether the applicant is eligible ~~to participate,~~for the benefits	39588
or services ~~the applicant should receive,~~ and the approximate date	39589
when ~~participation is~~the benefits or services are to begin.	39590

Sec. 5108.11. (A) To the extent permitted by section 307.982	39591
of the Revised Code, a board of county commissioners may enter	39592
into a written contract with a private or government entity for	39593
the entity to do either or both of the following for the county's	39594
prevention, retention, and contingency program:	39595

(1) Certify eligibility for benefits and services that do not	39596
have a financial need eligibility requirement;	39597

(2) Accept applications and determine and verify eligibility	39598
for benefits and services that have a financial need eligibility	39599
requirement.	39600

(B) If a board of county commissioners enters into a contract	39601
under division (A) of this section with a private or government	39602
entity, the county department of job and family services shall do	39603
all of the following:	39604

(1) Ensure that eligibility for benefits and services is	39605
certified or determined and verified in accordance with the	39606
statement of policies adopted under section 5108.04 of the Revised	39607
Code;	39608

(2) Ensure that the private or government entity maintains	39609
all records that are necessary for audits;	39610

(3) Monitor the private or government entity for compliance	39611
with Title IV-A, this chapter of the Revised Code, and the	39612
statement of policies;	39613

(4) Take actions that are necessary to recover any funds that	39614
are not spent in accordance with Title IV-A or this chapter of the	39615
Revised Code.	39616

Sec. 5108.12. Each county department of job and family	39617
services is responsible for funds expended or claimed under the	39618
county's prevention, retention, and contingency program that the	39619
department of job and family services, auditor of state, United	39620
States department of health and human services, or other	39621
government entity determines is expended or claimed in a manner	39622
that federal or state law or policy does not permit.	39623

Sec. 5111.019. (A) ~~The~~If sufficient funds are appropriated	39624
by the general assembly, the director of job and family services	39625
~~shall~~may submit to the United States secretary of health and	39626
human services an amendment to the state medicaid plan to make an	39627
individual who meets all of the following requirements eligible	39628
for medicaid for the amount of time provided by division (B) of	39629
this section:	39630

(1) The individual is the parent of a child under nineteen	39631
years of age and resides with the child;	39632

(2) The individual's family income does not exceed one	39633
hundred per cent of the federal poverty guidelines;	39634

(3) The individual is not otherwise eligible for medicaid;

39635

(4) The individual satisfies all relevant requirements	39636
established by rules adopted under division (D) of section 5111.01	39637
of the Revised Code.	39638

(B) An individual is eligible to receive medicaid under this	39639
section for a period that does not exceed two years beginning on	39640
the date on which eligibility is established.	39641

~~(C) If approved by the United States secretary of health and~~	39642
~~human services and the director of job and family services, the~~	39643
~~director shall implement the medicaid plan amendment submitted~~	39644
~~under this section not sooner than July 1, 2000. If a federal~~	39645
~~waiver is necessary for the United States secretary to approve the~~	39646
~~amendment, the director of job and family services shall submit a~~	39647
~~waiver request to the United States secretary not later than~~	39648
~~ninety days after the effective date of this section.~~	39649

Sec. 5111.0112. The director of job and family services shall	39650
examine instituting a copayment program under medicaid. As part of	39651
the examination, the director shall determine which groups of	39652
medicaid recipients may be subjected to a copayment requirement	39653
under federal statutes and regulations ~~and which of those groups~~	39654
~~are appropriate for a copayment program designed to reduce~~	39655
~~inappropriate and excessive use of medical goods and services~~. If,	39656
on completion of the examination, the director determines that it	39657
is feasible to institute such a copayment program, the director	39658
may seek approval from the United States secretary of health and	39659
human services to institute the copayment program. If necessary,	39660
the director may seek approval by applying for a waiver of federal	39661
statutes and regulations. If such approval is obtained, the	39662
director shall adopt rules in accordance with Chapter 119. of the	39663
Revised Code governing the copayment program.	39664

Sec. 5111.0113. Children who are in the temporary or	39665
permanent custody of a certified public or private nonprofit	39666
agency or institution or in adoptions subsidized under division	39667
(B) of section 5153.163 of the Revised Code are eligible for	39668
medical assistance through the medicaid program established under	39669
section 5111.01 of the Revised Code.	39670

Sec. 5111.02. (A) Under the medical assistance program:

39671

(1) Except as otherwise permitted by federal statute or	39672
regulation and at the department's discretion, reimbursement by	39673
the department of job and family services to a medical provider	39674
for any medical service rendered under the program shall not	39675
exceed the authorized reimbursement level for the same service	39676
under the medicare program established under Title XVIII of the	39677
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	39678
amended.	39679

(2) Reimbursement for freestanding medical laboratory charges	39680
shall not exceed the customary and usual fee for laboratory	39681
profiles.	39682

(3) The department may deduct from payments for services	39683
rendered by a medicaid provider under the medical assistance	39684
program any amounts the provider owes the state as the result of	39685
incorrect medical assistance payments the department has made to	39686
the provider.	39687

(4) The department may conduct final fiscal audits in	39688
accordance with the applicable requirements set forth in federal	39689
laws and regulations and determine any amounts the provider may	39690
owe the state. When conducting final fiscal audits, the department	39691
shall consider generally accepted auditing standards, which	39692
include the use of statistical sampling.	39693

(5) The number of days of inpatient hospital care for which	39694
reimbursement is made on behalf of a recipient of medical	39695
assistance to a hospital that is not paid under a	39696
diagnostic-related-group prospective payment system shall not	39697
exceed thirty days during a period beginning on the day of the	39698
recipient's admission to the hospital and ending sixty days after	39699
the termination of that hospital stay, except that the department	39700
may make exceptions to this limitation. The limitation does not	39701
apply to children participating in the program for medically	39702
handicapped children established under section 3701.023 of the	39703
Revised Code.	39704

(B) The director of job and family services may adopt, amend,	39705
or rescind rules under Chapter 119. of the Revised Code	39706
establishing the amount, duration, and scope of medical services	39707
to be included in the medical assistance program. Such rules shall	39708
establish the conditions under which services are covered and	39709
reimbursed, the method of reimbursement applicable to each covered	39710
service, and the amount of reimbursement or, in lieu of such	39711
amounts, methods by which such amounts are to be determined for	39712
each covered service. Any rules that pertain to nursing facilities	39713
or intermediate care facilities for the mentally retarded shall be	39714
consistent with sections 5111.20 to 5111.33 of the Revised Code.	39715

(C) ~~No health insuring corporation that has a contract to~~	39716
~~provide health care services to recipients of medical assistance~~	39717
~~shall restrict the availability to its enrollees of any~~	39718
~~prescription drugs included in the Ohio medicaid drug formulary as~~	39719
~~established under rules adopted by the director.~~	39720

~~(D)~~ The division of any reimbursement between a collaborating	39721
physician or podiatrist and a clinical nurse specialist, certified	39722
nurse-midwife, or certified nurse practitioner for services	39723
performed by the nurse shall be determined and agreed on by the	39724
nurse and collaborating physician or podiatrist. In no case shall	39725
reimbursement exceed the payment that the physician or podiatrist	39726
would have received had the physician or podiatrist provided the	39727
entire service.	39728

Sec. 5111.021. Under the medical assistance program, any	39729
amount determined to be owed the state by a final fiscal audit	39730
conducted pursuant to division (A)(4) of section 5111.02 of the	39731
Revised Code, upon the issuance of an adjudication order pursuant	39732
to Chapter 119. of the Revised Code that contains a finding that	39733
there is a preponderance of the evidence that the provider will	39734
liquidate assets or file bankruptcy in order to prevent payment of	39735
the amount determined to be owed the state, becomes a lien upon	39736
the real and personal property of the provider. Upon failure of	39737
the provider to pay the amount to the state, the director of job	39738
and family services shall file notice of the lien, for which there	39739
shall be no charge, in the office of the county recorder of the	39740
county in which it is ascertained that the provider owns real or	39741
personal property. The director shall notify the provider by mail	39742
of the lien, but absence of proof that the notice was sent does	39743
not affect the validity of the lien. The lien is not valid as	39744
against the claim of any mortgagee, pledgee, purchaser, judgment	39745
creditor, or other lienholder of record at the time the notice is	39746
filed.	39747

If the provider acquires real or personal property after	39748
notice of the lien is filed, the lien shall not be valid as	39749
against the claim of any mortgagee, pledgee, subsequent bona fide	39750
purchaser for value, judgment creditor, or other lienholder of	39751
record to such after-acquired property unless the notice of lien	39752
is refiled after the property is acquired by the provider and	39753
before the competing lien attaches to the after-acquired property	39754
or before the conveyance to the subsequent bona fide purchaser for	39755
value.	39756

When the amount has been paid, the provider may record with	39757
the recorder notice of the payment. For recording such notice of	39758
payment, the recorder shall charge and receive from the provider a	39759
base fee of one dollar for services and a housing trust fund fee	39760
of one dollar pursuant to section 317.36 of the Revised Code.	39761

In the event of a distribution of a provider's assets	39762
pursuant to an order of any court under the law of this state	39763
including any receivership, assignment for benefit of creditors,	39764
adjudicated insolvency, or similar proceedings, amounts then or	39765
thereafter due the state under this chapter have the same priority	39766
as provided by law for the payment of taxes due the state and	39767
shall be paid out of the receivership trust fund or other such	39768
trust fund in the same manner as provided for claims for unpaid	39769
taxes due the state.	39770

If the attorney general finds after investigation that any	39771
amount due the state under this chapter is uncollectable, in whole	39772
or in part, the attorney general shall recommend to the director	39773
the cancellation of all or part of the claim. The director may	39774
thereupon effect the cancellation.	39775

Sec. 5111.022. (A) As used in this section:

39776

(1) "Community mental health facility" means a community	39777
mental health facility that has a quality assurance program	39778
accredited by the joint commission on accreditation of healthcare	39779
organizations or is certified by the department of mental health	39780
or department of job and family services.	39781

(2) "Mental health professional" means a person qualified to	39782
work with mentally ill persons under the standards established by	39783
the director of mental health pursuant to section 5119.611 of the	39784
Revised Code.	39785

(B) The state medicaid plan ~~for providing medical assistance~~	39786
~~under Title XIX of the "Social Security Act," 49 Stat. 620, 42~~	39787
~~U.S.C.A. 301, as amended,~~ shall include provision of the following	39788
mental health services when provided by community mental health	39789
facilities ~~described in division (B) of this section~~:	39790

(1) Outpatient mental health services, including, but not	39791
limited to, preventive, diagnostic, therapeutic, rehabilitative,	39792
and palliative interventions rendered to individuals in an	39793
individual or group setting by a mental health professional in	39794
accordance with a plan of treatment appropriately established,	39795
monitored, and reviewed;	39796

(2) Partial-hospitalization mental health services of three	39797
to fourteen hours per service day, rendered by persons directly	39798
supervised by a mental health professional;	39799

(3) Unscheduled, emergency mental health services of a kind	39800
ordinarily provided to persons in crisis when rendered by persons	39801
supervised by a mental health professional;	39802

(4) Subject to receipt of federal approval, assertive	39803
community treatment and intensive home-based mental health	39804
services.	39805

~~(B) Services shall be included in the state plan only when~~	39806
~~provided by community mental health facilities that have quality~~	39807
~~assurance programs accredited by the joint commission on~~	39808
~~accreditation of healthcare organizations or certified by the~~	39809
~~department of mental health or department of job and family~~	39810
~~services.~~	39811

(C) The comprehensive annual plan shall certify the	39812
availability of sufficient unencumbered community mental health	39813
state subsidy and local funds to match ~~Title XIX~~federal medicaid	39814
reimbursement funds earned by ~~the~~community mental health	39815
facilities. ~~Reimbursement for eligible services shall be based on~~	39816
~~the prospective cost of providing the services as developed in~~	39817
~~standards adopted as part of the comprehensive annual plan.~~	39818

(D) ~~As used in this section, "mental health professional"~~	39819
~~means a person qualified to work with mentally ill persons under~~	39820
~~the standards established by the director of mental health~~	39821
~~pursuant to section 5119.611 of the Revised Code.~~	39822

~~(E) With respect to services established by division (A) of~~	39823
~~this section, the~~The department of job and family services shall	39824
enter into a separate contract with the department of mental	39825
health under section 5111.91 of the Revised Code with regard to	39826
the component of the medicaid program provided for by this	39827
section. ~~The terms of the contract between the department of job~~	39828
~~and family services and the department of mental health shall~~	39829
~~specify both of the following:~~	39830

~~(1) That the department of mental health and boards of~~	39831
~~alcohol, drug addiction, and mental health services shall provide~~	39832
~~state and local matching funds for Title XIX of the "Social~~	39833
~~Security Act," for reimbursement of services established by~~	39834
~~division (A) of this section;~~	39835

~~(2) How the community mental health facilities described in~~	39836
~~division (B) of this section will be paid for providing the~~	39837
~~services established by division (A) of this section.~~	39838

(E) Not later than May 1, 2004, the department of job and	39839
family services shall request federal approval to provide	39840
assertive community treatment and intensive home-based mental	39841
health services under medicaid pursuant to this section.	39842

(F) On receipt of federal approval sought under division (F)	39843
of this section, the director of job and family services shall	39844
adopt rules in accordance with Chapter 119. of the Revised Code	39845
establishing statewide access and acuity standards for partial	39846
hospitalization mental health services and assertive community	39847
treatment and intensive home-based mental health services provided	39848
under medicaid pursuant to this section. The director shall	39849
consult with the department of mental health in adopting the	39850
rules.	39851

Sec. 5111.025. (A) In rules adopted under section 5111.02 of	39852
the Revised Code, the director of job and family services shall	39853
modify the manner or establish a new manner in which the following	39854
are paid under medicaid:	39855

(1) Community mental health facilities for providing mental	39856
health services included in the state medicaid plan pursuant to	39857
section 5111.022 of the Revised Code;	39858

(2) Providers of alcohol and drug addiction services for	39859
providing alcohol and drug addiction services included in the	39860
medicaid program pursuant to rules adopted under section 5111.02	39861
of the Revised Code.	39862

(B) In modifying the manner, or establishing a new manner,	39863
for medicaid to pay for the services specified in division (A) of	39864
this section, the director shall include a provision for obtaining	39865
federal financial participation for the costs that each board of	39866
alcohol, drug addiction, and mental health services incurs in its	39867
administration of those services. Except as provided in section	39868
5111.92 of the Revised Code, the department of job and family	39869
services shall pay the federal financial participation obtained	39870
for such administrative costs to the board that incurs the	39871
administrative costs.	39872

(C) The director's authority to modify the manner, or to	39873
establish a new manner, for medicaid to pay for the services	39874
specified in division (A) of this section is not limited by any	39875
rules adopted under section 5111.02 or 5119.61 of the Revised Code	39876
that are in effect on the effective date of this section and	39877
govern the way medicaid pays for those services. This is the case	39878
regardless of what state agency adopted the rules.	39879

Sec. 5111.03. (A) No provider of services or goods	39880
contracting with the department of job and family services	39881
pursuant to the medicaid program shall, by deception, obtain or	39882
attempt to obtain payments under this chapter to which the	39883
provider is not entitled pursuant to the provider agreement, or	39884
the rules of the federal government or the department of job and	39885
family services relating to the program. No provider shall	39886
willfully receive payments to which the provider is not entitled,	39887
or willfully receive payments in a greater amount than that to	39888
which the provider is entitled; nor shall any provider falsify any	39889
report or document required by state or federal law, rule, or	39890
provider agreement relating to medicaid payments. As used in this	39891
section, a provider engages in "deception" when the provider,	39892
acting with actual knowledge of the representation or information	39893
involved, acting in deliberate ignorance of the truth or falsity	39894
of the representation or information involved, or acting in	39895
reckless disregard of the truth or falsity of the representation	39896
or information involved, deceives another or causes another to be	39897
deceived by any false or misleading representation, by withholding	39898
information, by preventing another from acquiring information, or	39899
by any other conduct, act, or omission that creates, confirms, or	39900
perpetuates a false impression in another, including a false	39901
impression as to law, value, state of mind, or other objective or	39902
subjective fact. No proof of specific intent to defraud is	39903
required to show, for purposes of this section, that a provider	39904
has engaged in deception.	39905

(B) Any provider who violates division (A) of this section	39906
shall be liable, in addition to any other penalties provided by	39907
law, for all of the following civil penalties:	39908

(1) Payment of interest on the amount of the excess payments	39909
at the maximum interest rate allowable for real estate mortgages	39910
under section 1343.01 of the Revised Code on the date the payment	39911
was made to the provider for the period from the date upon which	39912
payment was made, to the date upon which repayment is made to the	39913
state;	39914

(2) Payment of an amount equal to three times the amount of	39915
any excess payments;	39916

(3) Payment of a sum of not less than five thousand dollars	39917
and not more than ten thousand dollars for each deceptive claim or	39918
falsification;	39919

(4) All reasonable expenses which the court determines have	39920
been necessarily incurred by the state in the enforcement of this	39921
section.	39922

(C) InAs used in this division, "intermediate care facility	39923
for the mentally retarded" and "nursing facility" have the same	39924
meanings given in section 5111.20 of the Revised Code.	39925

In addition to the civil penalties provided in division (B)	39926
of this section, the director of job and family services, upon the	39927
conviction of, or the entry of a judgment in either a criminal or	39928
civil action against, a medicaid provider or its owner, officer,	39929
authorized agent, associate, manager, or employee in an action	39930
brought pursuant to section 109.85 of the Revised Code, shall	39931
terminate the provider agreement between the department and the	39932
provider and stop reimbursement to the provider for services	39933
rendered for a period of up to five years from the date of	39934
conviction or entry of judgment. As used in this chapter, "owner"	39935
means any person having at least five per cent ownership in the	39936
medicaid provider. No such provider, owner, officer, authorized	39937
agent, associate, manager, or employee shall own or provide	39938
services to any other medicaid provider or risk contractor or	39939
arrange for, render, or order services for medicaid recipients	39940
during the period of termination as provided in division (C) of	39941
this section, nor, during the period of termination as provided in	39942
division (C) of this section, shall such provider, owner, officer,	39943
authorized agent, associate, manager, or employee receive	39944
reimbursement in the form of direct payments from the department	39945
or indirect payments of medicaid funds in the form of salary,	39946
shared fees, contracts, kickbacks, or rebates from or through any	39947
participating provider or risk contractor. The provider agreement	39948
shall not be terminated or reimbursement terminated if the	39949
provider or owner can demonstrate that the provider or owner did	39950
not directly or indirectly sanction the action of its authorized	39951
agent, associate, manager, or employee that resulted in the	39952
conviction or entry of a judgment in a criminal or civil action	39953
brought pursuant to section 109.85 of the Revised Code. Nothing in	39954
this division prohibits any owner, officer, authorized agent,	39955
associate, manager, or employee of a medicaid provider from	39956
entering into a medicaid provider agreement if the person can	39957
demonstrate that the person had no knowledge of an action of the	39958
medicaid provider the person was formerly associated with that	39959
resulted in the conviction or entry of a judgment in a criminal or	39960
civil action brought pursuant to section 109.85 of the Revised	39961
Code.	39962

~~Providers subject to sections 5111.20 to 5111.32 of the~~	39963
~~Revised Code~~Nursing facility or intermediate care facility for	39964
the mentally retarded providers whose agreements are terminated	39965
pursuant to this section may continue to receive reimbursement for	39966
up to thirty days after the effective date of the termination if	39967
the provider makes reasonable efforts to transfer recipients to	39968
another facility or to alternate care and if federal funds are	39969
provided for such reimbursement.	39970

(D) Any provider of services or goods contracting with the	39971
department of job and family services pursuant to Title XIX of the	39972
"Social Security Act," who, without intent, obtains payments under	39973
this chapter in excess of the amount to which the provider is	39974
entitled, thereby becomes liable for payment of interest on the	39975
amount of the excess payments at the maximum real estate mortgage	39976
rate on the date the payment was made to the provider for the	39977
period from the date upon which payment was made to the date upon	39978
which repayment is made to the state.	39979

(E) The attorney general on behalf of the state may commence	39980
proceedings to enforce this section in any court of competent	39981
jurisdiction; and the attorney general may settle or compromise	39982
any case brought under this section with the approval of the	39983
department of job and family services. Notwithstanding any other	39984
provision of law providing a shorter period of limitations, the	39985
attorney general may commence a proceeding to enforce this section	39986
at any time within six years after the conduct in violation of	39987
this section terminates.	39988

(F) The authority, under state and federal law, of the	39989
department of job and family services or a county department of	39990
job and family services to recover excess payments made to a	39991
provider is not limited by the availability of remedies under	39992
sections 5111.11 and 5111.12 of the Revised Code for recovering	39993
benefits paid on behalf of recipients of medical assistance.	39994

The penalties under this chapter apply to any overpayment,	39995
billing, or falsification occurring on and after April 24, 1978.	39996
All moneys collected by the state pursuant to this section shall	39997
be deposited in the state treasury to the credit of the general	39998
revenue fund.	39999

Sec. 5111.06. (A)(1) As used in this section:

40000

(a) "Provider" means any person, institution, or entity that	40001
furnishes medicaid services under a provider agreement with the	40002
department of job and family services pursuant to Title XIX of the	40003
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	40004
amended.	40005

(b) "Party" has the same meaning as in division (G) of	40006
section 119.01 of the Revised Code.	40007

(c) "Adjudication" has the same meaning as in division (D) of	40008
section 119.01 of the Revised Code.	40009

(2) This section does not apply to any action taken by the	40010
department of job and family services under sections 5111.35 to	40011
5111.62 of the Revised Code.	40012

(B) Except as provided in division (D) of this section, the	40013
department shall do either of the following by issuing an order	40014
pursuant to an adjudication conducted in accordance with Chapter	40015
119. of the Revised Code:	40016

(1) Enter into or refuse to enter into a provider agreement	40017
with a provider, or suspend, terminate, renew, or refuse to renew	40018
an existing provider agreement with a provider;	40019

(2) Take any action based upon a final fiscal audit of a	40020
provider.	40021

(C) Any party who is adversely affected by the issuance of an	40022
adjudication order under division (B) of this section may appeal	40023
to the court of common pleas of Franklin county in accordance with	40024
section 119.12 of the Revised Code.	40025

(D) The department is not required to comply with division	40026
(B)(1) of this section whenever any of the following occur:	40027

(1) The terms of a provider agreement require the provider to	40028
have a license, permit, or certificate issued by an official,	40029
board, commission, department, division, bureau, or other agency	40030
of state government other than the department of job and family	40031
services, and the license, permit, or certificate has been denied	40032
or revoked.	40033

(2) The provider agreement is denied, terminated, or not	40034
renewed pursuant to division (C) or (E) of section 5111.03 of the	40035
Revised Code;	40036

(3) The provider agreement is denied, terminated, or not	40037
renewed due to the provider's termination, suspension, or	40038
exclusion from the medicare program established under Title XVIII	40039
of the "Social Security Act," and the termination, suspension, or	40040
exclusion is binding on the provider's participation in the	40041
medicaid program;	40042

(4) The provider agreement is denied, terminated, or not	40043
renewed due to the provider's pleading guilty to or being	40044
convicted of a criminal activity materially related to either the	40045
medicare or medicaid program;	40046

(5) The provider agreement is denied, terminated, or	40047
suspended as a result of action by the United States department of	40048
health and human services and that action is binding on the	40049
provider's participation in the medicaid program.	40050

(E) The department may withhold payments for services	40051
rendered by a medicaid provider under the medical assistance	40052
program during the pendency of proceedings initiated under	40053
division (B)(1) of this section. If the proceedings are initiated	40054
under division (B)(2) of this section, the department may withhold	40055
payments only to the extent that they equal amounts determined in	40056
a final fiscal audit as being due the state. This division does	40057
not apply if the department fails to comply with section 119.07 of	40058
the Revised Code, requests a continuance of the hearing, or does	40059
not issue a decision within thirty days after the hearing is	40060
completed. This division does not apply to nursing facilities and	40061
intermediate care facilities for the mentally retarded ~~subject to~~	40062
~~sections~~as defined in section 5111.20 ~~to 5111.32~~ of the Revised	40063
Code.	40064

~~Sec. 5111.08.~~ Sec. 5111.071. Commencing in December, 1986, and	40065
every second December thereafter, the director of job and family	40066
services shall establish a dispensing fee, effective the following	40067
January, for licensed pharmacists who are providers under this	40068
chapter. The dispensing fee shall take into consideration the	40069
results of the survey conducted under section 5111.07 of the	40070
Revised Code.	40071

~~Sec. 5111.16.~~ Sec. 5111.08. In accordance with subsection (g) of	40072
section 1927 of the "Social Security Act," 49 Stat. 320 (1935), 42	40073
U.S.C.A. 1396r-8(g), as amended, the department of job and family	40074
services shall establish an outpatient drug use review program to	40075
assure that prescriptions obtained by recipients of medical	40076
assistance under this chapter are appropriate, medically	40077
necessary, and unlikely to cause adverse medical results.	40078

Sec. 5111.111. As used in this section, "home and	40079
community-based services" means services provided pursuant to a	40080
waiver under section 1915 of the "Social Security Act," 49 Stat.	40081
620 (1935), 42 U.S.C.A. 1396n, as amended.	40082

The department of job and family services may place a lien	40083
against the property of a medical assistance recipient or	40084
recipient's spouse, other than a recipient or spouse of a	40085
recipient of home and community-based services, that the	40086
department may recover as part of the program instituted under	40087
section 5111.11 of the Revised Code. When medical assistance is	40088
paid on behalf of any person in circumstances under which federal	40089
law and regulations and this section permit the imposition of a	40090
lien, the director of job and family services or a person	40091
designated by the director may sign a certificate to the effect.	40092
The county department of job and family services shall file for	40093
recording and indexing the certificate, or a certified copy, in	40094
the real estate mortgage records in the office of the county	40095
recorder in every county in which real property of the recipient	40096
or spouse is situated. From the time of filing the certificate in	40097
the office of the county recorder, the lien attaches to all real	40098
property of the recipient or spouse described therein for all	40099
amounts of aid which are paid or which thereafter are paid, and	40100
shall remain a lien until satisfied.	40101

Upon filing the certificate in the office of the recorder,	40102
all persons are charged with notice of the lien and the rights of	40103
the department of job and family services thereunder.	40104

The county recorder shall keep a record of every certificate	40105
filed showing its date, the time of filing, the name and residence	40106
of the recipient or spouse, and any release, waivers, or	40107
satisfaction of the lien.	40108

The priority of the lien shall be established in accordance	40109
with state and federal law.	40110

The department may waive the priority of its lien to provide	40111
for the costs of the last illness as determined by the department,	40112
administration, attorney fees, administrator fees, a sum for the	40113
payment of the costs of burial, which shall be computed by	40114
deducting from five hundred dollars whatever amount is available	40115
for the same purpose from all other sources, and a similar sum for	40116
the spouse of the decedent.	40117

Sec. 5111.16. (A) As part of the medicaid program, the	40118
department of job and family services shall establish a care	40119
management system. The department shall submit, if necessary,	40120
applications to the United States department of health and human	40121
services for waivers of federal medicaid requirements that would	40122
otherwise be violated in the implementation of the system.	40123

The department shall implement the care management system in	40124
some or all counties and shall designate the medicaid recipients	40125
who are required or permitted to participate in the system. In the	40126
case of individuals who receive medicaid on the basis of being	40127
aged, blind, or disabled, as specified in division (A)(2) of	40128
section 5111.01 of the Revised Code, all of the following apply:	40129

(1) Not later than July 1, 2004, the department shall	40130
designate a portion of the individuals for participation in the	40131
care management system.	40132

(2) Individuals shall not be designated for participation	40133
unless they reside in a county in which individuals who receive	40134
medicaid on another basis have been designated for participation.	40135

(3) If, pursuant to division (B)(2) of this section, the	40136
department requires or permits the individuals to obtain health	40137
care services through managed care organizations, the department	40138
shall select the managed care organizations to be used by the	40139
individuals through a request for proposals process. The	40140
department shall issue its initial request for proposals not later	40141
than December 31, 2003.	40142

(B) Under the care management system, the department may do	40143
the following:	40144

(1) Require or permit participants in the system to obtain	40145
health care services from providers designated by the department;	40146

(2) Require or permit participants in the system to obtain	40147
health care services through managed care organizations under	40148
contract with the department pursuant to section 5111.17 of the	40149
Revised Code;	40150

(3) Establish any other requirements or procedures the	40151
department considers necessary for implementation of the system.	40152

(C) The director of job and family services may adopt rules	40153
in accordance with Chapter 119. of the Revised Code to implement	40154
this section.	40155

Sec. 5111.17. (A) ~~On receipt of a waiver from the United~~	40156
~~States department of health and human services of any federal~~	40157
~~requirement that would otherwise be violated, the~~The department	40158
of job and family services may ~~establish in some or all counties a~~	40159
~~managed care system under which designated recipients of medical~~	40160
~~assistance are required to obtain health care services from~~	40161
~~providers designated by the department.~~	40162

~~(B) The department may~~ enter into contracts with managed care	40163
organizations ~~to authorize~~, including health insuring	40164
corporations, under which the organizations are authorized to	40165
provide, or arrange for the provision of, health care services to	40166
medical assistance recipients ~~participating in a~~who are required	40167
or permitted to obtain health care services through managed care	40168
organizations as part of the care management system established	40169
under ~~this~~ section 5111.16 of the Revised Code.	40170

~~(C) For the purpose of determining the amount the department~~	40171
~~pays hospitals under section 5112.08 of the Revised Code and the~~	40172
~~amount of disproportionate share hospital payments paid by the~~	40173
~~medicare program established under Title XVIII of the "Social~~	40174
~~Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended,~~	40175
~~each managed care organization under contract with the department~~	40176
~~to provide hospital services to participating medical assistance~~	40177
~~recipients shall keep detailed records for each hospital with~~	40178
~~which it contracts about the cost to the hospital of providing the~~	40179
~~care, payments made by the organization to the hospital for the~~	40180
~~care, utilization of hospital services by medical assistance~~	40181
~~recipients participating in managed care, and other utilization~~	40182
~~data required by the department.~~	40183

~~(D)~~(B) The director of job and family services may adopt	40184
rules in accordance with Chapter 119. of the Revised Code to	40185
implement this section.	40186

Sec. 5111.171. (A) The department of job and family services	40187
may provide financial incentive awards to managed care	40188
organizations ~~that~~under contract with the department ~~under~~	40189
pursuant to section 5111.17 of the Revised Code ~~to provide health~~	40190
~~care services to participating medical assistance recipients and~~	40191
that meet or exceed performance standards specified in provider	40192
agreements or rules adopted by the department. The department may	40193
specify in a contract with a managed care organization the amounts	40194
of financial incentive awards, methodology for distributing	40195
awards, types of awards, and standards for administration by the	40196
department.	40197

(B) There is hereby created in the state treasury the health	40198
care compliance fund. The fund shall consist of all fines imposed	40199
on and collected from managed care organizations for failure to	40200
~~nmeet~~meet performance standards or other requirements specified	40201
in provider agreements or rules adopted by the department. All	40202
investment earnings of the fund shall be credited to the fund.	40203
Moneys credited to the fund shall be used solely for the following	40204
purposes:	40205

(1) To reimburse managed care organizations that have paid	40206
fines for failures to meet performance standards or other	40207
requirements and that have come into compliance by meeting	40208
requirements as specified by the department;	40209

(2) To provide financial incentive awards established	40210
pursuant to division (A) of this section and specified in	40211
contracts between managed care organizations and the department.	40212

Sec. 5111.172. When contracting under section 5111.17 of the	40213
Revised Code with a managed care organization that is a health	40214
insuring corporation, the department of job and family services	40215
may require the health insuring corporation to provide coverage of	40216
prescription drugs for medicaid recipients enrolled in the health	40217
insuring corporation. In providing the required coverage, the	40218
health insuring corporation may, subject to the department's	40219
approval, use strategies for the management of drug utilization.	40220

Sec. 5111.173. The department of job and family services	40221
shall appoint a temporary manager for a managed care organization	40222
under contract with the department pursuant to section 5111.17 of	40223
the Revised Code if the department determines that the managed	40224
care organization has repeatedly failed to meet substantive	40225
requirements specified in section 1903(m) of the "Social Security	40226
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396b(m), as amended; section	40227
1932 of the Social Security Act, 42 U.S.C. 1396u-2, as amended; or	40228
42 C.F.R. 438 Part I. The appointment of a temporary manager does	40229
not preclude the department from imposing other sanctions	40230
available to the department against the managed care organization.	40231

The managed care organization shall pay all costs of having	40232
the temporary manager perform the temporary manager's duties,	40233
including all costs the temporary manager incurs in performing	40234
those duties. If the temporary manager incurs costs or liabilities	40235
on behalf of the managed care organization, the managed care	40236
organization shall pay those costs and be responsible for those	40237
liabilities.	40238

The appointment of a temporary manager is not subject to	40239
Chapter 119. of the Revised Code, but the managed care	40240
organization may request a reconsideration of the appointment.	40241
Reconsiderations shall be requested and conducted in accordance	40242
with rules the director of job and family services shall adopt in	40243
accordance with Chapter 119. of the Revised Code.	40244

The appointment of a temporary manager does not cause the	40245
managed care organization to lose the right to appeal, in	40246
accordance with Chapter 119. of the Revised Code, any proposed	40247
termination or any decision not to renew the managed care	40248
organization's medicaid provider agreement or the right to	40249
initiate the sale of the managed care organization or its assets.	40250

In addition to the rules required to be adopted under this	40251
section, the director may adopt any other rules necessary to	40252
implement this section. The rules shall be adopted in accordance	40253
with Chapter 119. of the Revised Code.	40254

Sec. 5111.174. The department of job and family services may	40255
disenroll some or all medicaid recipients enrolled in a managed	40256
care organization under contract with the department pursuant to	40257
section 5111.17 of the Revised Code if the department proposes to	40258
terminate or not to renew the contract and determines that the	40259
recipients' access to medically necessary services is jeopardized	40260
by the proposal to terminate or not to renew the contract. The	40261
disenrollment is not subject to Chapter 119. of the Revised Code,	40262
but the managed care organization may request a reconsideration of	40263
the disenrollment. Reconsiderations shall be requested and	40264
conducted in accordance with rules the director of job and family	40265
services shall adopt in accordance with Chapter 119. of the	40266
Revised Code. The request for, or conduct of, a reconsideration	40267
regarding a proposed disenrollment shall not delay the	40268
disenrollment.	40269

In addition to the rules required to be adopted under this	40270
section, the director may adopt any other rules necessary to	40271
implement this section. The rules shall be adopted in accordance	40272
with Chapter 119. of the Revised Code.	40273

Sec. 5111.175. For the purpose of determining the amount the	40274
department of job and family services pays hospitals under section	40275
5112.08 of the Revised Code and the amount of disproportionate	40276
share hospital payments paid by the medicare program established	40277
under Title XVIII of the "Social Security Act," 79 Stat. 286	40278
(1965), 42 U.S.C. 1396n, as amended, a managed care organization	40279
under contract with the department pursuant to section 5111.17 of	40280
the Revised Code authorizing the organization to provide, or	40281
arrange for the provision of, hospital services to medicaid	40282
recipients shall keep detailed records for each hospital with	40283
which it contracts about the cost to the hospital of providing the	40284
services, payments made by the organization to the hospital for	40285
the services, utilization of hospital services by medicaid	40286
recipients enrolled in the organization, and other utilization	40287
data required by the department.	40288

Sec. 5111.20. As used in sections 5111.20 to ~~5111.32~~5111.34	40289
of the Revised Code:	40290

(A) "Allowable costs" are those costs determined by the	40291
department of job and family services to be reasonable and do not	40292
include fines paid under sections 5111.35 to 5111.61 and section	40293
5111.99 of the Revised Code.	40294

(B) "Capital costs" means costs of ownership and nonextensive	40295
renovation.	40296

(1) "Cost of ownership" means the actual expense incurred for	40297
all of the following:	40298

(a) Depreciation and interest on any capital assets that cost	40299
five hundred dollars or more per item, including the following:	40300

(i) Buildings;

40301

(ii) Building improvements that are not approved as	40302
nonextensive renovations under section 5111.25 or 5111.251 of the	40303
Revised Code;	40304

(iii) Equipment;

40305

(iv) Extensive renovations;

40306

(v) Transportation equipment.

40307

(b) Amortization and interest on land improvements and	40308
leasehold improvements;	40309

40310

(d) Except as provided in division (I) of this section, lease	40311
and rent of land, building, and equipment.	40312

The costs of capital assets of less than five hundred dollars	40313
per item may be considered costs of ownership in accordance with a	40314
provider's practice.	40315

(2) "Costs of nonextensive renovation" means the actual	40316
expense incurred for depreciation or amortization and interest on	40317
renovations that are not extensive renovations.	40318

(C) "Capital lease" and "operating lease" shall be construed	40319
in accordance with generally accepted accounting principles.	40320

(D) "Case-mix score" means the measure determined under	40321
section 5111.231 of the Revised Code of the relative direct-care	40322
resources needed to provide care and habilitation to a resident of	40323
a nursing facility or intermediate care facility for the mentally	40324
retarded.	40325

(E) "Date of licensure," for a facility originally licensed	40326
as a nursing home under Chapter 3721. of the Revised Code, means	40327
the date specific beds were originally licensed as nursing home	40328
beds under that chapter, regardless of whether they were	40329
subsequently licensed as residential facility beds under section	40330
5123.19 of the Revised Code. For a facility originally licensed as	40331
a residential facility under section 5123.19 of the Revised Code,	40332
"date of licensure" means the date specific beds were originally	40333
licensed as residential facility beds under that section.	40334

(1) If nursing home beds licensed under Chapter 3721. of the	40335
Revised Code or residential facility beds licensed under section	40336
5123.19 of the Revised Code were not required by law to be	40337
licensed when they were originally used to provide nursing home or	40338
residential facility services, "date of licensure" means the date	40339
the beds first were used to provide nursing home or residential	40340
facility services, regardless of the date the present provider	40341
obtained licensure.	40342

(2) If a facility adds nursing home beds or residential	40343
facility beds or extensively renovates all or part of the facility	40344
after its original date of licensure, it will have a different	40345
date of licensure for the additional beds or extensively renovated	40346
portion of the facility, unless the beds are added in a space that	40347
was constructed at the same time as the previously licensed beds	40348
but was not licensed under Chapter 3721. or section 5123.19 of the	40349
Revised Code at that time.	40350

(F) "Desk-reviewed" means that costs as reported on a cost	40351
report submitted under section 5111.26 of the Revised Code have	40352
been subjected to a desk review under division (A) of section	40353
5111.27 of the Revised Code and preliminarily determined to be	40354
allowable costs.	40355

(G) "Direct care costs" means all of the following:

40356

(1)(a) Costs for registered nurses, licensed practical	40357
nurses, and nurse aides employed by the facility;	40358

(b) Costs for direct care staff, administrative nursing	40359
staff, medical directors, social services staff, activities staff,	40360
psychologists and psychology assistants, social workers and	40361
counselors, habilitation staff, qualified mental retardation	40362
professionals, program directors, respiratory therapists,	40363
habilitation supervisors, and except as provided in division	40364
(G)(2) of this section, other persons holding degrees qualifying	40365
them to provide therapy;	40366

40367

(d) Costs of quality assurance;

40368

(e) Costs of training and staff development, employee	40369
benefits, payroll taxes, and workers' compensation premiums or	40370
costs for self-insurance claims and related costs as specified in	40371
rules adopted by the director of job and family services in	40372
accordance with Chapter 119. of the Revised Code, for personnel	40373
listed in divisions (G)(1)(a), (b), and (d) of this section;	40374

(f) Costs of consulting and management fees related to direct	40375
care;	40376

(g) Allocated direct care home office costs.

40377

(2) In addition to the costs specified in division (G)(1) of	40378
this section, for intermediate care facilities for the mentally	40379
retarded only, direct care costs include both of the following:	40380

(a) Costs for physical therapists and physical therapy	40381
assistants, occupational therapists and occupational therapy	40382
assistants, speech therapists, and audiologists;	40383

(b) Costs of training and staff development, employee	40384
benefits, payroll taxes, and workers' compensation premiums or	40385
costs for self-insurance claims and related costs as specified in	40386
rules adopted by the director of job and family services in	40387
accordance with Chapter 119. of the Revised Code, for personnel	40388
listed in division (G)(2)(a) of this section.	40389

(3) Costs of other direct-care resources that are specified	40390
as direct care costs in rules adopted by the director of job and	40391
family services in accordance with Chapter 119. of the Revised	40392
Code.	40393

(H) "Fiscal year" means the fiscal year of this state, as	40394
specified in section 9.34 of the Revised Code.	40395

(I) "Indirect care costs" means all reasonable costs other	40396
than direct care costs, other protected costs, or capital costs.	40397
"Indirect care costs" includes but is not limited to costs of	40398
habilitation supplies, pharmacy consultants, medical and	40399
habilitation records, program supplies, incontinence supplies,	40400
food, enterals, dietary supplies and personnel, laundry,	40401
housekeeping, security, administration, liability insurance,	40402
bookkeeping, purchasing department, human resources,	40403
communications, travel, dues, license fees, subscriptions, home	40404
office costs not otherwise allocated, legal services, accounting	40405
services, minor equipment, maintenance and repairs, help-wanted	40406
advertising, informational advertising, ~~consumer satisfaction~~	40407
~~survey fees paid under section 173.55 of the Revised Code,~~	40408
start-up costs, organizational expenses, other interest, property	40409
insurance, employee training and staff development, employee	40410
benefits, payroll taxes, and workers' compensation premiums or	40411
costs for self-insurance claims and related costs as specified in	40412
rules adopted by the director of job and family services in	40413
accordance with Chapter 119. of the Revised Code, for personnel	40414
listed in this division. Notwithstanding division (B)(1) of this	40415
section, "indirect care costs" also means the cost of equipment,	40416
including vehicles, acquired by operating lease executed before	40417
December 1, 1992, if the costs are reported as administrative and	40418
general costs on the facility's cost report for the cost reporting	40419
period ending December 31, 1992.	40420

(J) "Inpatient days" means all days during which a resident,	40421
regardless of payment source, occupies a bed in a nursing facility	40422
or intermediate care facility for the mentally retarded that is	40423
included in the facility's certified capacity under Title XIX of	40424
the "Social Security Act," 49 Stat. 610 (1935), 42 U.S.C.A. 301,	40425
as amended. Therapeutic or hospital leave days for which payment	40426
is made under section 5111.33 of the Revised Code are considered	40427
inpatient days proportionate to the percentage of the facility's	40428
per resident per day rate paid for those days.	40429

(K) "Intermediate care facility for the mentally retarded"	40430
means an intermediate care facility for the mentally retarded	40431
certified as in compliance with applicable standards for the	40432
medical assistance program by the director of health in accordance	40433
with Title XIX of the "Social Security Act."	40434

(L) "Maintenance and repair expenses" means, except as	40435
provided in division ~~(X)~~(Y)(2) of this section, expenditures that	40436
are necessary and proper to maintain an asset in a normally	40437
efficient working condition and that do not extend the useful life	40438
of the asset two years or more. "Maintenance and repair expenses"	40439
includes but is not limited to the cost of ordinary repairs such	40440
as painting and wallpapering.	40441

(M) "Nursing facility" means a facility, or a distinct part	40442
of a facility, that is certified as a nursing facility by the	40443
director of health in accordance with Title XIX of the "Social	40444
Security Act," and is not an intermediate care facility for the	40445
mentally retarded. "Nursing facility" includes a facility, or a	40446
distinct part of a facility, that is certified as a nursing	40447
facility by the director of health in accordance with Title XIX of	40448
the "Social Security Act," and is certified as a skilled nursing	40449
facility by the director in accordance with Title XVIII of the	40450
"Social Security Act."	40451

(N) "Operator" means the person or government entity	40452
responsible for the daily operating and management decisions for a	40453
nursing facility or intermediate care facility for the mentally	40454
retarded.	40455

(O) "Other protected costs" means costs for medical supplies;	40456
real estate, franchise, and property taxes; natural gas, fuel oil,	40457
water, electricity, sewage, and refuse and hazardous medical waste	40458
collection; allocated other protected home office costs; and any	40459
additional costs defined as other protected costs in rules adopted	40460
by the director of job and family services in accordance with	40461
Chapter 119. of the Revised Code.	40462

~~(O)~~(P) "Owner" means any person or government entity that has	40463
at least five per cent ownership or interest, either directly,	40464
indirectly, or in any combination, in any of the following	40465
regarding a nursing facility or intermediate care facility for the	40466
mentally retarded:	40467

(a) The land on which the facility is located;

40468

(b) The structure in which the facility is located;

40469

(c) Any mortgage, contract for deed, or other obligation	40470
secured in whole or in part by the land or structure on or in	40471
which the facility is located;	40472

(d) Any lease or sublease of the land or structure on or in	40473
which the facility is located.	40474

(2) "Owner" does not mean a holder of a debenture or bond	40475
related to the nursing facility or intermediate care facility for	40476
the mentally retarded and purchased at public issue or a regulated	40477
lender that has made a loan related to the facility unless the	40478
holder or lender operates the facility directly or through a	40479
subsidiary.	40480

~~(P)~~(Q) "Patient" includes "resident."

40481

~~(Q)~~(R) Except as provided in divisions ~~(Q)~~(R)(1) and (2) of	40482
this section, "per diem" means a nursing facility's or	40483
intermediate care facility for the mentally retarded's actual,	40484
allowable costs in a given cost center in a cost reporting period,	40485
divided by the facility's inpatient days for that cost reporting	40486
period.	40487

(1) When calculating indirect care costs for the purpose of	40488
establishing rates under section 5111.24 or 5111.241 of the	40489
Revised Code, "per diem" means a facility's actual, allowable	40490
indirect care costs in a cost reporting period divided by the	40491
greater of the facility's inpatient days for that period or the	40492
number of inpatient days the facility would have had during that	40493
period if its occupancy rate had been eighty-five per cent.	40494

(2) When calculating capital costs for the purpose of	40495
establishing rates under section 5111.25 or 5111.251 of the	40496
Revised Code, "per diem" means a facility's actual, allowable	40497
capital costs in a cost reporting period divided by the greater of	40498
the facility's inpatient days for that period or the number of	40499
inpatient days the facility would have had during that period if	40500
its occupancy rate had been ninety-five per cent.	40501

~~(R)~~(S) "Provider" means a person or government entity that	40502
operates a nursing facility or intermediate care facility for the	40503
mentally retarded under a provider agreement.	40504

~~(S)~~(T) "Provider agreement" means a contract between the	40505
department of job and family services and a nursing facility or	40506
intermediate care facility for the mentally retarded for the	40507
provision of nursing facility services or intermediate care	40508
facility services for the mentally retarded under the medical	40509
assistance program.	40510

~~(T)~~(U) "Purchased nursing services" means services that are	40511
provided in a nursing facility by registered nurses, licensed	40512
practical nurses, or nurse aides who are not employees of the	40513
facility.	40514

~~(U)~~(V) "Reasonable" means that a cost is an actual cost that	40515
is appropriate and helpful to develop and maintain the operation	40516
of patient care facilities and activities, including normal	40517
standby costs, and that does not exceed what a prudent buyer pays	40518
for a given item or services. Reasonable costs may vary from	40519
provider to provider and from time to time for the same provider.	40520

~~(V)~~(W) "Related party" means an individual or organization	40521
that, to a significant extent, has common ownership with, is	40522
associated or affiliated with, has control of, or is controlled	40523
by, the provider.	40524

(1) An individual who is a relative of an owner is a related	40525
party.	40526

(2) Common ownership exists when an individual or individuals	40527
possess significant ownership or equity in both the provider and	40528
the other organization. Significant ownership or equity exists	40529
when an individual or individuals possess five per cent ownership	40530
or equity in both the provider and a supplier. Significant	40531
ownership or equity is presumed to exist when an individual or	40532
individuals possess ten per cent ownership or equity in both the	40533
provider and another organization from which the provider	40534
purchases or leases real property.	40535

(3) Control exists when an individual or organization has the	40536
power, directly or indirectly, to significantly influence or	40537
direct the actions or policies of an organization.	40538

(4) An individual or organization that supplies goods or	40539
services to a provider shall not be considered a related party if	40540
all of the following conditions are met:	40541

(a) The supplier is a separate bona fide organization.

40542

(b) A substantial part of the supplier's business activity of	40543
the type carried on with the provider is transacted with others	40544
than the provider and there is an open, competitive market for the	40545
types of goods or services the supplier furnishes.	40546

(c) The types of goods or services are commonly obtained by	40547
other nursing facilities or intermediate care facilities for the	40548
mentally retarded from outside organizations and are not a basic	40549
element of patient care ordinarily furnished directly to patients	40550
by the facilities.	40551

(d) The charge to the provider is in line with the charge for	40552
the goods or services in the open market and no more than the	40553
charge made under comparable circumstances to others by the	40554
supplier.	40555

~~(W)~~(X) "Relative of owner" means an individual who is related	40556
to an owner of a nursing facility or intermediate care facility	40557
for the mentally retarded by one of the following relationships:	40558

(1) Spouse;

40559

(2) Natural parent, child, or sibling;

40560

(3) Adopted parent, child, or sibling;

40561

(4) Step-parent, step-child, step-brother, or step-sister;

40562

(5) Father-in-law, mother-in-law, son-in-law,	40563
daughter-in-law, brother-in-law, or sister-in-law;	40564

(6) Grandparent or grandchild;

40565

(7) Foster caregiver, foster child, foster brother, or foster	40566
sister.	40567

~~(X)~~(Y) "Renovation" and "extensive renovation" mean:

40568

(1) Any betterment, improvement, or restoration of a nursing	40569
facility or intermediate care facility for the mentally retarded	40570
started before July 1, 1993, that meets the definition of a	40571
renovation or extensive renovation established in rules adopted by	40572
the director of job and family services in effect on December 22,	40573
1992.	40574

(2) In the case of betterments, improvements, and	40575
restorations of nursing facilities and intermediate care	40576
facilities for the mentally retarded started on or after July 1,	40577
1993:	40578

(a) "Renovation" means the betterment, improvement, or	40579
restoration of a nursing facility or intermediate care facility	40580
for the mentally retarded beyond its current functional capacity	40581
through a structural change that costs at least five hundred	40582
dollars per bed. A renovation may include betterment, improvement,	40583
restoration, or replacement of assets that are affixed to the	40584
building and have a useful life of at least five years. A	40585
renovation may include costs that otherwise would be considered	40586
maintenance and repair expenses if they are an integral part of	40587
the structural change that makes up the renovation project.	40588
"Renovation" does not mean construction of additional space for	40589
beds that will be added to a facility's licensed or certified	40590
capacity.	40591

(b) "Extensive renovation" means a renovation that costs more	40592
than sixty-five per cent and no more than eighty-five per cent of	40593
the cost of constructing a new bed and that extends the useful	40594
life of the assets for at least ten years.	40595

For the purposes of division ~~(X)~~(Y)(2) of this section, the	40596
cost of constructing a new bed shall be considered to be forty	40597
thousand dollars, adjusted for the estimated rate of inflation	40598
from January 1, 1993, to the end of the calendar year during which	40599
the renovation is completed, using the consumer price index for	40600
shelter costs for all urban consumers for the north central	40601
region, as published by the United States bureau of labor	40602
statistics.	40603

The department of job and family services may treat a	40604
renovation that costs more than eighty-five per cent of the cost	40605
of constructing new beds as an extensive renovation if the	40606
department determines that the renovation is more prudent than	40607
construction of new beds.	40608

Sec. 5111.206. (A) As used in this section, "nursing	40609
facility" has the same meaning as in section 5111.20 of the	40610
Revised Code.	40611

(B) To the extent funds are available, the director of job	40612
and family services may establish the Ohio access success project	40613
to help medicaid recipients make the transition from residing in a	40614
nursing facility to residing in a community setting. The program	40615
may be established as a separate non-medicaid program or	40616
integrated into a new or existing program of Medicaid home and	40617
community-based services program based on a waiver approved by the	40618
federal centers for medicare and medicaid services. The department	40619
may limit the number of program participants.	40620

To be eligible for benefits under the project, a medicaid	40621
recipient must satisfy all of the following requirements:	40622

(1) Be a recipient of medicaid-funded nursing facility care,	40623
at the time of applying for the benefits;	40624

(2) Have resided continuously in a nursing facility since	40625
January 1, 2002;	40626

(3) Need the level of care provided by nursing facilities;

40627

(4) For participation in a non-medicaid program, receive	40628
services to remain in the community with a projected cost not	40629
exceeding eighty per cent of the average monthly medicaid cost of	40630
a medicaid recipient in a nursing facility;	40631

(5) For participation in a program established as part of a	40632
home and community-based services program that is based on a	40633
waiver, meet waiver enrollment criteria.	40634

(C) If the director establishes the Ohio access success	40635
project, the benefits provided under the project may include	40636
payment of all of the following:	40637

(1) The first month's rent in a community setting;

40638

(2) Rental deposits;

40639

(3) Utility deposits;

40640

(4) Moving expenses;

40641

(5) Other expenses not covered by the medicaid program that	40642
facilitate a medicaid recipient's move from a nursing facility to	40643
a community setting.	40644

(D) If the project is established as a non-medicaid program,	40645
no participant may receive more than two thousand dollars worth of	40646
benefits under the project.	40647

(E) The director may submit a request to the United States	40648
secretary of health and human services pursuant to section 1915 of	40649
the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n,	40650
as amended, to create a medicaid home and community-based services	40651
waiver programs to serve individuals who meet the criteria for	40652
participation in the Ohio access success project. The director may	40653
adopt rules under Chapter 119. of the Revised Code for the	40654
administration and operation of the program.	40655

Sec. 5111.21. (A) Subject to sections 5111.01, 5111.011,	40656
5111.012, ~~and~~ 5111.02, and 5111.6810 of the Revised Code, the	40657
department of job and family services shall pay, as provided in	40658
sections 5111.20 to 5111.32 of the Revised Code, the reasonable	40659
costs of services provided to an eligible medicaid recipient by an	40660
eligible nursing facility or intermediate care facility for the	40661
mentally retarded.	40662

In order to be eligible for medical assistance payments, an	40663
operator of a nursing facility or intermediate care facility for	40664
the mentally retarded shall do all of the following:	40665

(1) Enter into a provider agreement with the department as	40666
provided in section 5111.22, 5111.251, or 5111.252 of the Revised	40667
Code;	40668

(2) Apply for and maintain a valid license to operate if so	40669
required by law;	40670

(3) Comply with all applicable state and federal laws and	40671
rules.	40672

(B) AAn operator of a nursing facility that elects to obtain	40673
and maintain eligibility for payments under the ~~medicare~~medicaid	40674
program ~~established by Title XVIII of the "Social Security Act,"~~	40675
~~49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended may~~shall qualify	40676
all ~~or part of the facility~~of the facility's medicaid-certified	40677
beds in the medicare program established by Title XVIII of the	40678
"Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395. The	40679
director of job and family services may adopt rules in accordance	40680
with Chapter 119. of the Revised Code to establish the time frame	40681
in which a nursing facility must comply with this requirement.	40682

Sec. 5111.211. (A) The department of mental retardation and	40683
developmental disabilities is responsible for the nonfederal share	40684
of claims submitted for services that are covered by the medicaid	40685
program and provided to an eligible medicaid recipient by an	40686
intermediate care facility for the mentally retarded if all of the	40687
following are the case:	40688

(1) The services are provided on or after July 1, 2003;

40689

(2) The facility receives initial certification by the	40690
director of health as an intermediate care facility for the	40691
mentally retarded on or after January 1, 2003;	40692

(3) The facility, or a portion of the facility, is licensed	40693
by the director of mental retardation and developmental	40694
disabilities as a residential facility under section 5123.19 of	40695
the Revised Code;	40696

(4) There is a valid provider agreement for the facility.

40697

(B) Each month, the department of job and family services	40698
shall invoice the department of mental retardation and	40699
developmental disabilities by interagency transfer voucher for the	40700
claims for which the department of mental retardation and	40701
developmental disabilities is responsible pursuant to this	40702
section.	40703

Sec. 5111.22. A provider agreement between the department of	40704
job and family services and an operator of a nursing facility or	40705
intermediate care facility for the mentally retarded shall contain	40706
the following provisions:	40707

(A) The department agrees to:

40708

~~(1) Make~~make payments to the nursing facility or	40709
intermediate care facility for the mentally retarded for patients	40710
eligible for services under the medical assistance program as	40711
provided in sections 5111.20 to 5111.32 of the Revised Code. No	40712
payment shall be made for the day a recipient is discharged from	40713
the facility.	40714

~~(2) Provide copies of rules governing the facility's~~	40715
~~participation as a provider in the medical assistance program.~~	40716
~~Whenever the director of job and family services files a proposed~~	40717
~~rule or proposed rule in revised form under division (D) of~~	40718
~~section 111.15 or division (B) of section 119.03 of the Revised~~	40719
~~Code, the department shall provide the facility with one copy of~~	40720
~~such rule. In the case of a rescission or proposed rescission of a~~	40721
~~rule, the department may provide the rule number and title instead~~	40722
~~of the rules rescinded or proposed to be rescinded.~~	40723

(B) The ~~provider~~operator agrees to:

40724

(1) Maintain eligibility as provided in section 5111.21 of	40725
the Revised Code;	40726

(2) Keep records relating to a cost reporting period for the	40727
greater of seven years after the cost report is filed or, if the	40728
department issues an audit report in accordance with division (B)	40729
of section 5111.27 of the Revised Code, six years after all appeal	40730
rights relating to the audit report are exhausted;	40731

(3) File reports as required by the department;

40732

(4) Open all records relating to the costs of its services	40733
for inspection and audit by the department;	40734

(5) Open its premises for inspection by the department, the	40735
department of health, and any other state or local authority	40736
having authority to inspect;	40737

(6) Supply to the department such information as it requires	40738
concerning the facility's services to patients who are or are	40739
eligible to be medicaid recipients;	40740

(7) Comply with section 5111.31 of the Revised Code.

40741

The provider agreement may contain other provisions that are	40742
consistent with law and considered necessary by the department.	40743

A provider agreement shall be effective for no longer than	40744
twelve months, except that if federal statute or regulations	40745
authorize a longer term, it may be effective for a longer term so	40746
authorized. A provider agreement may be renewed only if the	40747
facility is certified by the department of health for	40748
participation in the medicaid program.	40749

The department of job and family services, in accordance with	40750
rules adopted by the director pursuant to Chapter 119. of the	40751
Revised Code, may elect not to enter into, not to renew, or to	40752
terminate a provider agreement when the department determines that	40753
such an agreement would not be in the best interests of the	40754
recipients or of the state.	40755

Sec. 5111.222. An operator of a nursing facility or	40756
intermediate care facility for the mentally retarded may enter	40757
into provider agreements for more than one nursing facility or	40758
intermediate care facility for the mentally retarded.	40759

Sec. 5111.25. (A) The department of job and family services	40760
shall pay each eligible nursing facility a per resident per day	40761
rate for its reasonable capital costs established prospectively	40762
each fiscal year for each facility. Except as otherwise provided	40763
in sections 5111.20 to 5111.32 of the Revised Code, the rate shall	40764
be based on the facility's capital costs for the calendar year	40765
preceding the fiscal year in which the rate will be paid. The rate	40766
shall equal the sum of divisions (A)(1) to (3) of this section:	40767

(1) The lesser of the following:

40768

(a) Eighty-eight and sixty-five one-hundredths per cent of	40769
the facility's desk-reviewed, actual, allowable, per diem cost of	40770
ownership and eighty-five per cent of the facility's actual,	40771
allowable, per diem cost of nonextensive renovation determined	40772
under division (F) of this section;	40773

(b) Eighty-eight and sixty-five one-hundredths per cent of	40774
the following limitation:	40775

(i) For the fiscal year beginning July 1, 1993, sixteen	40776
dollars per resident day;	40777

(ii) For the fiscal year beginning July 1, 1994, sixteen	40778
dollars per resident day, adjusted to reflect the rate of	40779
inflation for the twelve-month period beginning July 1, 1992, and	40780
ending June 30, 1993, using the consumer price index for shelter	40781
costs for all urban consumers for the north central region,	40782
published by the United States bureau of labor statistics;	40783

(iii) For subsequent fiscal years, the limitation in effect	40784
during the previous fiscal year, adjusted to reflect the rate of	40785
inflation for the twelve-month period beginning on the first day	40786
of July for the calendar year preceding the calendar year that	40787
precedes the fiscal year and ending on the following thirtieth day	40788
of June, using the consumer price index for shelter costs for all	40789
urban consumers for the north central region, published by the	40790
United States bureau of labor statistics.	40791

(2) Any efficiency incentive determined under division (D) of	40792
this section;	40793

(3) Any amounts for return on equity determined under	40794
division (H) of this section.	40795

Buildings shall be depreciated using the straight line method	40796
over forty years or over a different period approved by the	40797
department. Components and equipment shall be depreciated using	40798
the straight-line method over a period designated in rules adopted	40799
by the director of job and family services in accordance with	40800
Chapter 119. of the Revised Code, consistent with the guidelines	40801
of the American hospital association, or over a different period	40802
approved by the department. Any rules adopted under this division	40803
that specify useful lives of buildings, components, or equipment	40804
apply only to assets acquired on or after July 1, 1993.	40805
Depreciation for costs paid or reimbursed by any government agency	40806
shall not be included in cost of ownership or renovation unless	40807
that part of the payment under sections 5111.20 to 5111.32 of the	40808
Revised Code is used to reimburse the government agency.	40809

(B) The capital cost basis of nursing facility assets shall	40810
be determined in the following manner:	40811

(1) For purposes of calculating the rate to be paid for the	40812
fiscal year beginning July 1, 1993, for facilities with dates of	40813
licensure on or before June 30, 1993, the capital cost basis shall	40814
be equal to the following:	40815

(a) For facilities that have not had a change of ownership	40816
during the period beginning January 1, 1993, and ending June 30,	40817
1993, the desk-reviewed, actual, allowable capital cost basis that	40818
is listed on the facility's cost report for the cost reporting	40819
period ending December 31, 1992, plus the actual, allowable	40820
capital cost basis of any assets constructed or acquired after	40821
December 31, 1992, but before July 1, 1993, if the aggregate	40822
capital costs of those assets would increase the facility's rate	40823
for capital costs by twenty or more cents per resident per day.	40824

(b) For facilities that have a date of licensure or had a	40825
change of ownership during the period beginning January 1, 1993,	40826
and ending June 30, 1993, the actual, allowable capital cost basis	40827
of the person or government entity that owns the facility on June	40828
30, 1993.	40829

Capital cost basis shall be calculated as provided in	40830
division (B)(1) of this section subject to approval by the United	40831
States health care financing administration of any necessary	40832
amendment to the state plan for providing medical assistance.	40833

The department shall include the actual, allowable capital	40834
cost basis of assets constructed or acquired during the period	40835
beginning January 1, 1993, and ending June 30, 1993, in the	40836
calculation for the facility's rate effective July 1, 1993, if the	40837
aggregate capital costs of the assets would increase the	40838
facility's rate by twenty or more cents per resident per day and	40839
the facility provides the department with sufficient documentation	40840
of the costs before June 1, 1993. If the facility provides the	40841
documentation after that date, the department shall adjust the	40842
facility's rate to reflect the costs of the assets one month after	40843
the first day of the month after the department receives the	40844
documentation.	40845

(2) Except as provided in division (B)(4) of this section,	40846
for purposes of calculating the rates to be paid for fiscal years	40847
beginning after June 30, 1994, for facilities with dates of	40848
licensure on or before June 30, 1993, the capital cost basis of	40849
each asset shall be equal to the desk-reviewed, actual, allowable,	40850
capital cost basis that is listed on the facility's cost report	40851
for the calendar year preceding the fiscal year during which the	40852
rate will be paid.	40853

(3) For facilities with dates of licensure after June 30,	40854
1993, the capital cost basis shall be determined in accordance	40855
with the principles of the medicare program established under	40856
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	40857
U.S.C.A. 301, as amended, except as otherwise provided in sections	40858
5111.20 to 5111.32 of the Revised Code.	40859

(4) Except as provided in division (B)(5) of this section, if	40860
a provider transfers an interest in a facility to another provider	40861
after June 30, 1993, there shall be no increase in the capital	40862
cost basis of the asset if the providers are related parties. If	40863
the providers are not related parties or if they are related	40864
parties and division (B)(5) of this section requires the	40865
adjustment of the capital cost basis under this division, the	40866
basis of the asset shall be adjusted by the lesser of the	40867
following:	40868

(a) One-half of the change in construction costs during the	40869
time that the transferor held the asset, as calculated by the	40870
department of job and family services using the "Dodge building	40871
cost indexes, northeastern and north central states," published by	40872
Marshall and Swift;	40873

(b) One-half of the change in the consumer price index for	40874
all items for all urban consumers, as published by the United	40875
States bureau of labor statistics, during the time that the	40876
transferor held the asset.	40877

(5) If a provider transfers an interest in a facility to	40878
another provider who is a related party, the capital cost basis of	40879
the asset shall be adjusted as specified in division (B)(4) of	40880
this section for a transfer to a provider that is not a related	40881
party if all of the following conditions are met:	40882

(a) The related party is a relative of owner;

40883

(b) Except as provided in division (B)(5)(c)(ii) of this	40884
section, the provider making the transfer retains no ownership	40885
interest in the facility;	40886

(c) The department of job and family services determines that	40887
the transfer is an arm's length transaction pursuant to rules the	40888
department shall adopt in accordance with Chapter 119. of the	40889
Revised Code no later than December 31, 2000. The rules shall	40890
provide that a transfer is an arm's length transaction if all of	40891
the following apply:	40892

(i) Once the transfer goes into effect, the provider that	40893
made the transfer has no direct or indirect interest in the	40894
provider that acquires the facility or the facility itself,	40895
including interest as an owner, officer, director, employee,	40896
independent contractor, or consultant, but excluding interest as a	40897
creditor.	40898

(ii) The provider that made the transfer does not reacquire	40899
an interest in the facility except through the exercise of a	40900
creditor's rights in the event of a default. If the provider	40901
reacquires an interest in the facility in this manner, the	40902
department shall treat the facility as if the transfer never	40903
occurred when the department calculates its reimbursement rates	40904
for capital costs.	40905

(iii) The transfer satisfies any other criteria specified in	40906
the rules.	40907

(d) Except in the case of hardship caused by a catastrophic	40908
event, as determined by the department, or in the case of a	40909
provider making the transfer who is at least sixty-five years of	40910
age, not less than twenty years have elapsed since, for the same	40911
facility, the capital cost basis was adjusted most recently under	40912
division (B)(5) of this section or actual, allowable cost of	40913
ownership was determined most recently under division (C)(9) of	40914
this section.	40915

(C) As used in this division, "lease expense" means lease	40916
payments in the case of an operating lease and depreciation	40917
expense and interest expense in the case of a capital lease. As	40918
used in this division, "new lease" means a lease, to a different	40919
lessee, of a nursing facility that previously was operated under a	40920
lease.	40921

(1) Subject to the limitation specified in division (A)(1) of	40922
this section, for a lease of a facility that was effective on May	40923
27, 1992, the entire lease expense is an actual, allowable cost of	40924
ownership during the term of the existing lease. The entire lease	40925
expense also is an actual, allowable cost of ownership if a lease	40926
in existence on May 27, 1992, is renewed under either of the	40927
following circumstances:	40928

(a) The renewal is pursuant to a renewal option that was in	40929
existence on May 27, 1992;	40930

(b) The renewal is for the same lease payment amount and	40931
between the same parties as the lease in existence on May 27,	40932
1992.	40933

(2) Subject to the limitation specified in division (A)(1) of	40934
this section, for a lease of a facility that was in existence but	40935
not operated under a lease on May 27, 1992, actual, allowable cost	40936
of ownership shall include the lesser of the annual lease expense	40937
or the annual depreciation expense and imputed interest expense	40938
that would be calculated at the inception of the lease using the	40939
lessor's entire historical capital asset cost basis, adjusted by	40940
the lesser of the following amounts:	40941

(a) One-half of the change in construction costs during the	40942
time the lessor held each asset until the beginning of the lease,	40943
as calculated by the department using the "Dodge building cost	40944
indexes, northeastern and north central states," published by	40945
Marshall and Swift;	40946

(b) One-half of the change in the consumer price index for	40947
all items for all urban consumers, as published by the United	40948
States bureau of labor statistics, during the time the lessor held	40949
each asset until the beginning of the lease.	40950

(3) Subject to the limitation specified in division (A)(1) of	40951
this section, for a lease of a facility with a date of licensure	40952
on or after May 27, 1992, that is initially operated under a	40953
lease, actual, allowable cost of ownership shall include the	40954
annual lease expense if there was a substantial commitment of	40955
money for construction of the facility after December 22, 1992,	40956
and before July 1, 1993. If there was not a substantial commitment	40957
of money after December 22, 1992, and before July 1, 1993, actual,	40958
allowable cost of ownership shall include the lesser of the annual	40959
lease expense or the sum of the following:	40960

(a) The annual depreciation expense that would be calculated	40961
at the inception of the lease using the lessor's entire historical	40962
capital asset cost basis;	40963

(b) The greater of the lessor's actual annual amortization of	40964
financing costs and interest expense at the inception of the lease	40965
or the imputed interest expense calculated at the inception of the	40966
lease using seventy per cent of the lessor's historical capital	40967
asset cost basis.	40968

(4) Subject to the limitation specified in division (A)(1) of	40969
this section, for a lease of a facility with a date of licensure	40970
on or after May 27, 1992, that was not initially operated under a	40971
lease and has been in existence for ten years, actual, allowable	40972
cost of ownership shall include the lesser of the annual lease	40973
expense or the annual depreciation expense and imputed interest	40974
expense that would be calculated at the inception of the lease	40975
using the entire historical capital asset cost basis of the	40976
lessor, adjusted by the lesser of the following:	40977

(a) One-half of the change in construction costs during the	40978
time the lessor held each asset until the beginning of the lease,	40979
as calculated by the department using the "Dodge building cost	40980
indexes, northeastern and north central states," published by	40981
Marshall and Swift;	40982

(b) One-half of the change in the consumer price index for	40983
all items for all urban consumers, as published by the United	40984
States bureau of labor statistics, during the time the lessor held	40985
each asset until the beginning of the lease.	40986

(5) Subject to the limitation specified in division (A)(1) of	40987
this section, for a new lease of a facility that was operated	40988
under a lease on May 27, 1992, actual, allowable cost of ownership	40989
shall include the lesser of the annual new lease expense or the	40990
annual old lease payment. If the old lease was in effect for ten	40991
years or longer, the old lease payment from the beginning of the	40992
old lease shall be adjusted by the lesser of the following:	40993

(a) One-half of the change in construction costs from the	40994
beginning of the old lease to the beginning of the new lease, as	40995
calculated by the department using the "Dodge building cost	40996
indexes, northeastern and north central states," published by	40997
Marshall and Swift;	40998

(b) One-half of the change in the consumer price index for	40999
all items for all urban consumers, as published by the United	41000
States bureau of labor statistics, from the beginning of the old	41001
lease to the beginning of the new lease.	41002

(6) Subject to the limitation specified in division (A)(1) of	41003
this section, for a new lease of a facility that was not in	41004
existence or that was in existence but not operated under a lease	41005
on May 27, 1992, actual, allowable cost of ownership shall include	41006
the lesser of annual new lease expense or the annual amount	41007
calculated for the old lease under division (C)(2), (3), (4), or	41008
(6) of this section, as applicable. If the old lease was in effect	41009
for ten years or longer, the lessor's historical capital asset	41010
cost basis shall be adjusted by the lesser of the following for	41011
purposes of calculating the annual amount under division (C)(2),	41012
(3), (4), or (6) of this section:	41013

(a) One-half of the change in construction costs from the	41014
beginning of the old lease to the beginning of the new lease, as	41015
calculated by the department using the "Dodge building cost	41016
indexes, northeastern and north central states," published by	41017
Marshall and Swift;	41018

(b) One-half of the change in the consumer price index for	41019
all items for all urban consumers, as published by the United	41020
States bureau of labor statistics, from the beginning of the old	41021
lease to the beginning of the new lease.	41022

In the case of a lease under division (C)(3) of this section	41023
of a facility for which a substantial commitment of money was made	41024
after December 22, 1992, and before July 1, 1993, the old lease	41025
payment shall be adjusted for the purpose of determining the	41026
annual amount.	41027

(7) For any revision of a lease described in division (C)(1),	41028
(2), (3), (4), (5), or (6) of this section, or for any subsequent	41029
lease of a facility operated under such a lease, other than	41030
execution of a new lease, the portion of actual, allowable cost of	41031
ownership attributable to the lease shall be the same as before	41032
the revision or subsequent lease.	41033

(8) Except as provided in division (C)(9) of this section, if	41034
a provider leases an interest in a facility to another provider	41035
who is a related party, the related party's actual, allowable cost	41036
of ownership shall include the lesser of the annual lease expense	41037
or the reasonable cost to the lessor.	41038

(9) If a provider leases an interest in a facility to another	41039
provider who is a related party, regardless of the date of the	41040
lease, the related party's actual, allowable cost of ownership	41041
shall include the annual lease expense, subject to the limitations	41042
specified in divisions (C)(1) to (7) of this section, if all of	41043
the following conditions are met:	41044

(a) The related party is a relative of owner;

41045

(b) If the lessor retains an ownership interest, it is,	41046
except as provided in division (C)(9)(c)(ii) of this section, in	41047
only the real property and any improvements on the real property;	41048

(c) The department of job and family services determines that	41049
the lease is an arm's length transaction pursuant to rules the	41050
department shall adopt in accordance with Chapter 119. of the	41051
Revised Code no later than December 31, 2000. The rules shall	41052
provide that a lease is an arm's length transaction if all of the	41053
following apply:	41054

(i) Once the lease goes into effect, the lessor has no direct	41055
or indirect interest in the lessee or, except as provided in	41056
division (C)(9)(b) of this section, the facility itself, including	41057
interest as an owner, officer, director, employee, independent	41058
contractor, or consultant, but excluding interest as a lessor.	41059

(ii) The lessor does not reacquire an interest in the	41060
facility except through the exercise of a lessor's rights in the	41061
event of a default. If the lessor reacquires an interest in the	41062
facility in this manner, the department shall treat the facility	41063
as if the lease never occurred when the department calculates its	41064
reimbursement rates for capital costs.	41065

(iii) The lease satisfies any other criteria specified in the	41066
rules.	41067

(d) Except in the case of hardship caused by a catastrophic	41068
event, as determined by the department, or in the case of a lessor	41069
who is at least sixty-five years of age, not less than twenty	41070
years have elapsed since, for the same facility, the capital cost	41071
basis was adjusted most recently under division (B)(5) of this	41072
section or actual, allowable cost of ownership was determined most	41073
recently under division (C)(9) of this section.	41074

(10) This division does not apply to leases of specific items	41075
of equipment.	41076

(D)(1) Subject to division (D)(2) of this section, the	41077
department shall pay each nursing facility an efficiency incentive	41078
that is equal to fifty per cent of the difference between the	41079
following:	41080

(a) Eighty-eight and sixty-five one-hundredths per cent of	41081
the facility's desk-reviewed, actual, allowable, per diem cost of	41082
ownership;	41083

(b) The applicable amount specified in division (E) of this	41084
section.	41085

(2) The efficiency incentive paid to a nursing facility shall	41086
not exceed the greater of the following:	41087

(a) The efficiency incentive the facility was paid during the	41088
fiscal year ending June 30, 1994;	41089

(b) Three dollars per resident per day, adjusted annually for	41090
rates paid beginning July 1, 1994, for the inflation rate for the	41091
twelve-month period beginning on the first day of July of the	41092
calendar year preceding the calendar year that precedes the fiscal	41093
year for which the efficiency incentive is determined and ending	41094
on the thirtieth day of the following June, using the consumer	41095
price index for shelter costs for all urban consumers for the	41096
north central region, as published by the United States bureau of	41097
labor statistics.	41098

(3) For purposes of calculating the efficiency incentive,	41099
depreciation for costs that are paid or reimbursed by any	41100
government agency shall be considered as costs of ownership, and	41101
renovation costs that are paid under division (F) of this section	41102
shall not be considered costs of ownership.	41103

(E) The following amounts shall be used to calculate	41104
efficiency incentives for nursing facilities under this section:	41105

(1) For facilities with dates of licensure prior to January	41106
1, 1958, four dollars and twenty-four cents per patient day;	41107

(2) For facilities with dates of licensure after December 31,	41108
1957, but prior to January 1, 1968:	41109

(a) Five dollars and twenty-four cents per patient day if the	41110
cost of construction was three thousand five hundred dollars or	41111
more per bed;	41112

(b) Four dollars and twenty-four cents per patient day if the	41113
cost of construction was less than three thousand five hundred	41114
dollars per bed.	41115

(3) For facilities with dates of licensure after December 31,	41116
1967, but prior to January 1, 1976:	41117

(a) Six dollars and twenty-four cents per patient day if the	41118
cost of construction was five thousand one hundred fifty dollars	41119
or more per bed;	41120

(b) Five dollars and twenty-four cents per patient day if the	41121
cost of construction was less than five thousand one hundred fifty	41122
dollars per bed, but exceeded three thousand five hundred dollars	41123
per bed;	41124

(c) Four dollars and twenty-four cents per patient day if the	41125
cost of construction was three thousand five hundred dollars or	41126
less per bed.	41127

(4) For facilities with dates of licensure after December 31,	41128
1975, but prior to January 1, 1979:	41129

(a) Seven dollars and twenty-four cents per patient day if	41130
the cost of construction was six thousand eight hundred dollars or	41131
more per bed;	41132

(b) Six dollars and twenty-four cents per patient day if the	41133
cost of construction was less than six thousand eight hundred	41134
dollars per bed but exceeded five thousand one hundred fifty	41135
dollars per bed;	41136

(c) Five dollars and twenty-four cents per patient day if the	41137
cost of construction was five thousand one hundred fifty dollars	41138
or less per bed, but exceeded three thousand five hundred dollars	41139
per bed;	41140

(d) Four dollars and twenty-four cents per patient day if the	41141
cost of construction was three thousand five hundred dollars or	41142
less per bed.	41143

(5) For facilities with dates of licensure after December 31,	41144
1978, but prior to January 1, 1981:	41145

(a) Seven dollars and seventy-four cents per patient day if	41146
the cost of construction was seven thousand six hundred	41147
twenty-five dollars or more per bed;	41148

(b) Seven dollars and twenty-four cents per patient day if	41149
the cost of construction was less than seven thousand six hundred	41150
twenty-five dollars per bed but exceeded six thousand eight	41151
hundred dollars per bed;	41152

(c) Six dollars and twenty-four cents per patient day if the	41153
cost of construction was six thousand eight hundred dollars or	41154
less per bed but exceeded five thousand one hundred fifty dollars	41155
per bed;	41156

(d) Five dollars and twenty-four cents per patient day if the	41157
cost of construction was five thousand one hundred fifty dollars	41158
or less but exceeded three thousand five hundred dollars per bed;	41159

(e) Four dollars and twenty-four cents per patient day if the	41160
cost of construction was three thousand five hundred dollars or	41161
less per bed.	41162

(6) For facilities with dates of licensure in 1981 or any	41163
year thereafter prior to December 22, 1992, the following amount:	41164

(a) For facilities with construction costs less than seven	41165
thousand six hundred twenty-five dollars per bed, the applicable	41166
amounts for the construction costs specified in divisions	41167
(E)(5)(b) to (e) of this section;	41168

(b) For facilities with construction costs of seven thousand	41169
six hundred twenty-five dollars or more per bed, six dollars per	41170
patient day, provided that for 1981 and annually thereafter prior	41171
to December 22, 1992, the department shall do both of the	41172
following to the six-dollar amount:	41173

(i) Adjust the amount for fluctuations in construction costs	41174
calculated by the department using the "Dodge building cost	41175
indexes, northeastern and north central states," published by	41176
Marshall and Swift, using 1980 as the base year;	41177

(ii) Increase the amount, as adjusted for inflation under	41178
division (E)(6)(b)(i) of this section, by one dollar and	41179
seventy-four cents.	41180

(7) For facilities with dates of licensure on or after	41181
January 1, 1992, seven dollars and ninety-seven cents, adjusted	41182
for fluctuations in construction costs between 1991 and 1993 as	41183
calculated by the department using the "Dodge building cost	41184
indexes, northeastern and north central states," published by	41185
Marshall and Swift, and then increased by one dollar and	41186
seventy-four cents.	41187

For the fiscal year that begins July 1, 1994, each of the	41188
amounts listed in divisions (E)(1) to (7) of this section shall be	41189
increased by twenty-five cents. For the fiscal year that begins	41190
July 1, 1995, each of those amounts shall be increased by an	41191
additional twenty-five cents. For subsequent fiscal years, each of	41192
those amounts, as increased for the prior fiscal year, shall be	41193
adjusted to reflect the rate of inflation for the twelve-month	41194
period beginning on the first day of July of the calendar year	41195
preceding the calendar year that precedes the fiscal year and	41196
ending on the following thirtieth day of June, using the consumer	41197
price index for shelter costs for all urban consumers for the	41198
north central region, as published by the United States bureau of	41199
labor statistics.	41200

If the amount established for a nursing facility under this	41201
division is less than the amount that applied to the facility	41202
under division (B) of former section 5111.25 of the Revised Code,	41203
as the former section existed immediately prior to December 22,	41204
1992, the amount used to calculate the efficiency incentive for	41205
the facility under division (D)(2) of this section shall be the	41206
amount that was calculated under division (B) of the former	41207
section.	41208

(F) Beginning July 1, 1993, regardless of the facility's date	41209
of licensure or the date of the nonextensive renovations, the rate	41210
for the costs of nonextensive renovations for nursing facilities	41211
shall be eighty-five per cent of the desk-reviewed, actual,	41212
allowable, per diem, nonextensive renovation costs. This division	41213
applies to nonextensive renovations regardless of whether they are	41214
made by an owner or a lessee. If the tenancy of a lessee that has	41215
made nonextensive renovations ends before the depreciation expense	41216
for the renovation costs has been fully reported, the former	41217
lessee shall not report the undepreciated balance as an expense.	41218

(1) For a nonextensive renovation made after July 1, 1993, to	41219
qualify for payment under this division, both of the following	41220
conditions must be met:	41221

(a) At least five years have elapsed since the date of	41222
licensure of the portion of the facility that is proposed to be	41223
renovated, except that this condition does not apply if the	41224
renovation is necessary to meet the requirements of federal,	41225
state, or local statutes, ordinances, rules, or policies.	41226

(b) The provider has obtained prior approval from the	41227
department of job and family services, and if required the	41228
director of health has granted a certificate of need for the	41229
renovation under section 3702.52 of the Revised Code. The provider	41230
shall submit a plan that describes in detail the changes in	41231
capital assets to be accomplished by means of the renovation and	41232
the timetable for completing the project. The time for completion	41233
of the project shall be no more than eighteen months after the	41234
renovation begins. The department of job and family services shall	41235
adopt rules in accordance with Chapter 119. of the Revised Code	41236
that specify criteria and procedures for prior approval of	41237
renovation projects. No provider shall separate a project with the	41238
intent to evade the characterization of the project as a	41239
renovation or as an extensive renovation. No provider shall	41240
increase the scope of a project after it is approved by the	41241
department of job and family services unless the increase in scope	41242
is approved by the department.	41243

(2) The payment provided for in this division is the only	41244
payment that shall be made for the costs of a nonextensive	41245
renovation. Nonextensive renovation costs shall not be included in	41246
costs of ownership, and a nonextensive renovation shall not affect	41247
the date of licensure for purposes of calculating the efficiency	41248
incentive under divisions (D) and (E) of this section.	41249

(G) ~~The owner of a nursing facility operating under a~~	41250
~~provider agreement shall provide written notice to the department~~	41251
~~of job and family services at least forty-five days prior to~~	41252
~~entering into any contract of sale for the facility or voluntarily~~	41253
~~terminating participation in the medical assistance program.~~ After	41254
the date on which a transaction of sale of a nursing facility is	41255
closed, the owner shall refund to the department the amount of	41256
excess depreciation paid to the facility by the department for	41257
each year the owner has operated the facility under a provider	41258
agreement and prorated according to the number of medicaid patient	41259
days for which the facility has received payment. If a nursing	41260
facility is sold after five or fewer years of operation under a	41261
provider agreement, the refund to the department shall be equal to	41262
the excess depreciation paid to the facility. If a nursing	41263
facility is sold after more than five years but less than ten	41264
years of operation under a provider agreement, the refund to the	41265
department shall equal the excess depreciation paid to the	41266
facility multiplied by twenty per cent, multiplied by the	41267
difference between ten and the number of years that the facility	41268
was operated under a provider agreement. If a nursing facility is	41269
sold after ten or more years of operation under a provider	41270
agreement, the owner shall not refund any excess depreciation to	41271
the department. The owner of a nursing facility that is sold or	41272
that ~~voluntarily terminates~~undergoes a voluntary withdrawal of	41273
participation ~~in the medical assistance program~~, as defined in	41274
section 5111.65 of the Revised Code, also shall refund any other	41275
amount that the department properly finds to be due after ~~the~~a	41276
final fiscal audit ~~conducted under this division~~the department	41277
shall conduct. For the purposes of this division, "depreciation	41278
paid to the facility" means the amount paid to the nursing	41279
facility for cost of ownership pursuant to this section less any	41280
amount paid for interest costs, amortization of financing costs,	41281
and lease expenses. For the purposes of this division, "excess	41282
depreciation" is the nursing facility's depreciated basis, which	41283
is the owner's cost less accumulated depreciation, subtracted from	41284
the purchase price net of selling costs but not exceeding the	41285
amount of depreciation paid to the facility.	41286

~~A cost report shall be filed with the department within~~	41287
~~ninety days after the date on which the transaction of sale is~~	41288
~~closed or participation is voluntarily terminated. The report~~	41289
~~shall show the accumulated depreciation, the sales price, and~~	41290
~~other information required by the department. The department shall~~	41291
~~provide for a bank, trust company, or savings and loan association~~	41292
~~to hold in escrow the amount of the last two monthly payments to a~~	41293
~~nursing facility made pursuant to division (A)(1) of section~~	41294
~~5111.22 of the Revised Code before a sale or termination of~~	41295
~~participation or, if the owner fails, within the time required by~~	41296
~~this division, to notify the department before entering into a~~	41297
~~contract of sale for the facility, the amount of the first two~~	41298
~~monthly payments made to the facility after the department learns~~	41299
~~of the contract, regardless of whether a new owner is in~~	41300
~~possession of the facility. If the amount the owner will be~~	41301
~~required to refund under this section is likely to be less than~~	41302
~~the amount of the two monthly payments otherwise put into escrow~~	41303
~~under this division, the department shall take one of the~~	41304
~~following actions instead of withholding the amount of the two~~	41305
~~monthly payments:~~	41306

~~(1) In the case of an owner that owns other facilities that~~	41307
~~participate in the medical assistance program, obtain a promissory~~	41308
~~note in an amount sufficient to cover the amount likely to be~~	41309
~~refunded;~~	41310

~~(2) In the case of all other owners, withhold the amount of~~	41311
~~the last monthly payment to the nursing facility or, if the owner~~	41312
~~fails, within the time required by this division, to notify the~~	41313
~~department before entering into a contract of sale for the~~	41314
~~facility, the amount of the first monthly payment made to the~~	41315
~~facility after the department learns of the contract, regardless~~	41316
~~of whether a new owner is in possession of the facility.~~	41317

~~The department shall, within ninety days following the filing~~	41318
~~of the cost report, audit the cost report and issue an audit~~	41319
~~report to the owner. The department also may audit any other cost~~	41320
~~report that the facility has filed during the previous three~~	41321
~~years. In the audit report, the department shall state its~~	41322
~~findings and the amount of any money owed to the department by the~~	41323
~~nursing facility. The findings shall be subject to adjudication~~	41324
~~conducted in accordance with Chapter 119. of the Revised Code. No~~	41325
~~later than fifteen days after the owner agrees to a settlement,~~	41326
~~any funds held in escrow less any amounts due to the department~~	41327
~~shall be released to the owner and amounts due to the department~~	41328
~~shall be paid to the department. If the amounts in escrow are less~~	41329
~~than the amounts due to the department, the balance shall be paid~~	41330
~~to the department within fifteen days after the owner agrees to a~~	41331
~~settlement. If the department does not issue its audit report~~	41332
~~within the ninety-day period, the department shall release any~~	41333
~~money held in escrow to the owner.~~ For the purposes of this	41334
section, a transfer of corporate stock, the merger of one	41335
corporation into another, or a consolidation does not constitute a	41336
sale.	41337

~~If a nursing facility is not sold or its participation is not~~	41338
~~terminated after notice is provided to the department under this~~	41339
~~division, the department shall order any payments held in escrow~~	41340
~~released to the facility upon receiving written notice from the~~	41341
~~owner that there will be no sale or termination. After written~~	41342
~~notice is received from a nursing facility that a sale or~~	41343
~~termination will not take place, the facility shall provide notice~~	41344
~~to the department at least forty-five days prior to entering into~~	41345
~~any contract of sale or terminating participation at any future~~	41346
~~time.~~	41347

(H) The department shall pay each eligible proprietary	41348
nursing facility a return on the facility's net equity computed at	41349
the rate of one and one-half times the average interest rate on	41350
special issues of public debt obligations issued to the federal	41351
hospital insurance trust fund for the cost reporting period,	41352
except that no facility's return on net equity shall exceed fifty	41353
cents per patient day.	41354

When calculating the rate for return on net equity, the	41355
department shall use the greater of the facility's inpatient days	41356
during the applicable cost reporting period or the number of	41357
inpatient days the facility would have had during that period if	41358
its occupancy rate had been ninety-five per cent.	41359

(I) If a nursing facility would receive a lower rate for	41360
capital costs for assets in the facility's possession on July 1,	41361
1993, under this section than it would receive under former	41362
section 5111.25 of the Revised Code, as the former section existed	41363
immediately prior to December 22, 1992, the facility shall receive	41364
for those assets the rate it would have received under the former	41365
section for each fiscal year beginning on or after July 1, 1993,	41366
until the rate it would receive under this section exceeds the	41367
rate it would have received under the former section. Any facility	41368
that receives a rate calculated under the former section 5111.25	41369
of the Revised Code for assets in the facility's possession on	41370
July 1, 1993, also shall receive a rate calculated under this	41371
section for costs of any assets it constructs or acquires after	41372
July 1, 1993.	41373

Sec. 5111.251. (A) The department of job and family services	41374
shall pay each eligible intermediate care facility for the	41375
mentally retarded for its reasonable capital costs, a per resident	41376
per day rate established prospectively each fiscal year for each	41377
intermediate care facility for the mentally retarded. Except as	41378
otherwise provided in sections 5111.20 to 5111.32 of the Revised	41379
Code, the rate shall be based on the facility's capital costs for	41380
the calendar year preceding the fiscal year in which the rate will	41381
be paid. The rate shall equal the sum of the following:	41382

(1) The facility's desk-reviewed, actual, allowable, per diem	41383
cost of ownership for the preceding cost reporting period, limited	41384
as provided in divisions (C) and (F) of this section;	41385

(2) Any efficiency incentive determined under division (B) of	41386
this section;	41387

(3) Any amounts for renovations determined under division (D)	41388
of this section;	41389

(4) Any amounts for return on equity determined under	41390
division (I) of this section.	41391

Buildings shall be depreciated using the straight line method	41392
over forty years or over a different period approved by the	41393
department. Components and equipment shall be depreciated using	41394
the straight line method over a period designated by the director	41395
of job and family services in rules adopted in accordance with	41396
Chapter 119. of the Revised Code, consistent with the guidelines	41397
of the American hospital association, or over a different period	41398
approved by the department of job and family services. Any rules	41399
adopted under this division that specify useful lives of	41400
buildings, components, or equipment apply only to assets acquired	41401
on or after July 1, 1993. Depreciation for costs paid or	41402
reimbursed by any government agency shall not be included in costs	41403
of ownership or renovation unless that part of the payment under	41404
sections 5111.20 to 5111.32 of the Revised Code is used to	41405
reimburse the government agency.	41406

(B) The department of job and family services shall pay to	41407
each intermediate care facility for the mentally retarded an	41408
efficiency incentive equal to fifty per cent of the difference	41409
between any desk-reviewed, actual, allowable cost of ownership and	41410
the applicable limit on cost of ownership payments under division	41411
(C) of this section. For purposes of computing the efficiency	41412
incentive, depreciation for costs paid or reimbursed by any	41413
government agency shall be considered as a cost of ownership, and	41414
the applicable limit under division (C) of this section shall	41415
apply both to facilities with more than eight beds and facilities	41416
with eight or fewer beds. The efficiency incentive paid to a	41417
facility with eight or fewer beds shall not exceed three dollars	41418
per patient day, adjusted annually for the inflation rate for the	41419
twelve-month period beginning on the first day of July of the	41420
calendar year preceding the calendar year that precedes the fiscal	41421
year for which the efficiency incentive is determined and ending	41422
on the thirtieth day of the following June, using the consumer	41423
price index for shelter costs for all urban consumers for the	41424
north central region, as published by the United States bureau of	41425
labor statistics.	41426

(C) Cost of ownership payments to intermediate care	41427
facilities for the mentally retarded with more than eight beds	41428
shall not exceed the following limits:	41429

(1) For facilities with dates of licensure prior to January	41430
1, l958, not exceeding two dollars and fifty cents per patient	41431
day;	41432

(2) For facilities with dates of licensure after December 31,	41433
l957, but prior to January 1, l968, not exceeding:	41434

(a) Three dollars and fifty cents per patient day if the cost	41435
of construction was three thousand five hundred dollars or more	41436
per bed;	41437

(b) Two dollars and fifty cents per patient day if the cost	41438
of construction was less than three thousand five hundred dollars	41439
per bed.	41440

(3) For facilities with dates of licensure after December 31,	41441
l967, but prior to January 1, l976, not exceeding:	41442

(a) Four dollars and fifty cents per patient day if the cost	41443
of construction was five thousand one hundred fifty dollars or	41444
more per bed;	41445

(b) Three dollars and fifty cents per patient day if the cost	41446
of construction was less than five thousand one hundred fifty	41447
dollars per bed, but exceeds three thousand five hundred dollars	41448
per bed;	41449

(c) Two dollars and fifty cents per patient day if the cost	41450
of construction was three thousand five hundred dollars or less	41451
per bed.	41452

(4) For facilities with dates of licensure after December 31,	41453
l975, but prior to January 1, l979, not exceeding:	41454

(a) Five dollars and fifty cents per patient day if the cost	41455
of construction was six thousand eight hundred dollars or more per	41456
bed;	41457

(b) Four dollars and fifty cents per patient day if the cost	41458
of construction was less than six thousand eight hundred dollars	41459
per bed but exceeds five thousand one hundred fifty dollars per	41460
bed;	41461

(c) Three dollars and fifty cents per patient day if the cost	41462
of construction was five thousand one hundred fifty dollars or	41463
less per bed, but exceeds three thousand five hundred dollars per	41464
bed;	41465

(d) Two dollars and fifty cents per patient day if the cost	41466
of construction was three thousand five hundred dollars or less	41467
per bed.	41468

(5) For facilities with dates of licensure after December 31,	41469
l978, but prior to January 1, l980, not exceeding:	41470

(a) Six dollars per patient day if the cost of construction	41471
was seven thousand six hundred twenty-five dollars or more per	41472
bed;	41473

(b) Five dollars and fifty cents per patient day if the cost	41474
of construction was less than seven thousand six hundred	41475
twenty-five dollars per bed but exceeds six thousand eight hundred	41476
dollars per bed;	41477

(c) Four dollars and fifty cents per patient day if the cost	41478
of construction was six thousand eight hundred dollars or less per	41479
bed but exceeds five thousand one hundred fifty dollars per bed;	41480

(d) Three dollars and fifty cents per patient day if the cost	41481
of construction was five thousand one hundred fifty dollars or	41482
less but exceeds three thousand five hundred dollars per bed;	41483

(e) Two dollars and fifty cents per patient day if the cost	41484
of construction was three thousand five hundred dollars or less	41485
per bed.	41486

(6) For facilities with dates of licensure after December 31,	41487
1979, but prior to January 1, 1981, not exceeding:	41488

(a) Twelve dollars per patient day if the beds were	41489
originally licensed as residential facility beds by the department	41490
of mental retardation and developmental disabilities;	41491

(b) Six dollars per patient day if the beds were originally	41492
licensed as nursing home beds by the department of health.	41493

(7) For facilities with dates of licensure after December 31,	41494
1980, but prior to January 1, 1982, not exceeding:	41495

(a) Twelve dollars per patient day if the beds were	41496
originally licensed as residential facility beds by the department	41497
of mental retardation and developmental disabilities;	41498

(b) Six dollars and forty-five cents per patient day if the	41499
beds were originally licensed as nursing home beds by the	41500
department of health.	41501

(8) For facilities with dates of licensure after December 31,	41502
1981, but prior to January 1, 1983, not exceeding:	41503

(a) Twelve dollars per patient day if the beds were	41504
originally licensed as residential facility beds by the department	41505
of mental retardation and developmental disabilities;	41506

(b) Six dollars and seventy-nine cents per patient day if the	41507
beds were originally licensed as nursing home beds by the	41508
department of health.	41509

(9) For facilities with dates of licensure after December 31,	41510
1982, but prior to January 1, 1984, not exceeding:	41511

(a) Twelve dollars per patient day if the beds were	41512
originally licensed as residential facility beds by the department	41513
of mental retardation and developmental disabilities;	41514

(b) Seven dollars and nine cents per patient day if the beds	41515
were originally licensed as nursing home beds by the department of	41516
health.	41517

(10) For facilities with dates of licensure after December	41518
31, 1983, but prior to January 1, 1985, not exceeding:	41519

(a) Twelve dollars and twenty-four cents per patient day if	41520
the beds were originally licensed as residential facility beds by	41521
the department of mental retardation and developmental	41522
disabilities;	41523

(b) Seven dollars and twenty-three cents per patient day if	41524
the beds were originally licensed as nursing home beds by the	41525
department of health.	41526

(11) For facilities with dates of licensure after December	41527
31, 1984, but prior to January 1, 1986, not exceeding:	41528

(a) Twelve dollars and fifty-three cents per patient day if	41529
the beds were originally licensed as residential facility beds by	41530
the department of mental retardation and developmental	41531
disabilities;	41532

(b) Seven dollars and forty cents per patient day if the beds	41533
were originally licensed as nursing home beds by the department of	41534
health.	41535

(12) For facilities with dates of licensure after December	41536
31, 1985, but prior to January 1, 1987, not exceeding:	41537

(a) Twelve dollars and seventy cents per patient day if the	41538
beds were originally licensed as residential facility beds by the	41539
department of mental retardation and developmental disabilities;	41540

(b) Seven dollars and fifty cents per patient day if the beds	41541
were originally licensed as nursing home beds by the department of	41542
health.	41543

(13) For facilities with dates of licensure after December	41544
31, 1986, but prior to January 1, 1988, not exceeding:	41545

(a) Twelve dollars and ninety-nine cents per patient day if	41546
the beds were originally licensed as residential facility beds by	41547
the department of mental retardation and developmental	41548
disabilities;	41549

(b) Seven dollars and sixty-seven cents per patient day if	41550
the beds were originally licensed as nursing home beds by the	41551
department of health.	41552

(14) For facilities with dates of licensure after December	41553
31, 1987, but prior to January 1, 1989, not exceeding thirteen	41554
dollars and twenty-six cents per patient day;	41555

(15) For facilities with dates of licensure after December	41556
31, 1988, but prior to January 1, 1990, not exceeding thirteen	41557
dollars and forty-six cents per patient day;	41558

(16) For facilities with dates of licensure after December	41559
31, 1989, but prior to January 1, 1991, not exceeding thirteen	41560
dollars and sixty cents per patient day;	41561

(17) For facilities with dates of licensure after December	41562
31, 1990, but prior to January 1, 1992, not exceeding thirteen	41563
dollars and forty-nine cents per patient day;	41564

(18) For facilities with dates of licensure after December	41565
31, 1991, but prior to January 1, 1993, not exceeding thirteen	41566
dollars and sixty-seven cents per patient day;	41567

(19) For facilities with dates of licensure after December	41568
31, 1992, not exceeding fourteen dollars and twenty-eight cents	41569
per patient day.	41570

(D) Beginning January 1, 1981, regardless of the original	41571
date of licensure, the department of job and family services shall	41572
pay a rate for the per diem capitalized costs of renovations to	41573
intermediate care facilities for the mentally retarded made after	41574
January 1, l981, not exceeding six dollars per patient day using	41575
1980 as the base year and adjusting the amount annually until June	41576
30, 1993, for fluctuations in construction costs calculated by the	41577
department using the "Dodge building cost indexes, northeastern	41578
and north central states," published by Marshall and Swift. The	41579
payment provided for in this division is the only payment that	41580
shall be made for the capitalized costs of a nonextensive	41581
renovation of an intermediate care facility for the mentally	41582
retarded. Nonextensive renovation costs shall not be included in	41583
cost of ownership, and a nonextensive renovation shall not affect	41584
the date of licensure for purposes of division (C) of this	41585
section. This division applies to nonextensive renovations	41586
regardless of whether they are made by an owner or a lessee. If	41587
the tenancy of a lessee that has made renovations ends before the	41588
depreciation expense for the renovation costs has been fully	41589
reported, the former lessee shall not report the undepreciated	41590
balance as an expense.	41591

For a nonextensive renovation to qualify for payment under	41592
this division, both of the following conditions must be met:	41593

(1) At least five years have elapsed since the date of	41594
licensure or date of an extensive renovation of the portion of the	41595
facility that is proposed to be renovated, except that this	41596
condition does not apply if the renovation is necessary to meet	41597
the requirements of federal, state, or local statutes, ordinances,	41598
rules, or policies.	41599

(2) The provider has obtained prior approval from the	41600
department of job and family services. The provider shall submit a	41601
plan that describes in detail the changes in capital assets to be	41602
accomplished by means of the renovation and the timetable for	41603
completing the project. The time for completion of the project	41604
shall be no more than eighteen months after the renovation begins.	41605
The director of job and family services shall adopt rules in	41606
accordance with Chapter 119. of the Revised Code that specify	41607
criteria and procedures for prior approval of renovation projects.	41608
No provider shall separate a project with the intent to evade the	41609
characterization of the project as a renovation or as an extensive	41610
renovation. No provider shall increase the scope of a project	41611
after it is approved by the department of job and family services	41612
unless the increase in scope is approved by the department.	41613

(E) The amounts specified in divisions (C) and (D) of this	41614
section shall be adjusted beginning July 1, 1993, for the	41615
estimated inflation for the twelve-month period beginning on the	41616
first day of July of the calendar year preceding the calendar year	41617
that precedes the fiscal year for which rate will be paid and	41618
ending on the thirtieth day of the following June, using the	41619
consumer price index for shelter costs for all urban consumers for	41620
the north central region, as published by the United States bureau	41621
of labor statistics.	41622

(F)(1) For facilities of eight or fewer beds that have dates	41623
of licensure or have been granted project authorization by the	41624
department of mental retardation and developmental disabilities	41625
before July 1, 1993, and for facilities of eight or fewer beds	41626
that have dates of licensure or have been granted project	41627
authorization after that date if the facilities demonstrate that	41628
they made substantial commitments of funds on or before that date,	41629
cost of ownership shall not exceed eighteen dollars and thirty	41630
cents per resident per day. The eighteen-dollar and thirty-cent	41631
amount shall be increased by the change in the "Dodge building	41632
cost indexes, northeastern and north central states," published by	41633
Marshall and Swift, during the period beginning June 30, 1990, and	41634
ending July 1, 1993, and by the change in the consumer price index	41635
for shelter costs for all urban consumers for the north central	41636
region, as published by the United States bureau of labor	41637
statistics, annually thereafter.	41638

(2) For facilities with eight or fewer beds that have dates	41639
of licensure or have been granted project authorization by the	41640
department of mental retardation and developmental disabilities on	41641
or after July 1, 1993, for which substantial commitments of funds	41642
were not made before that date, cost of ownership payments shall	41643
not exceed the applicable amount calculated under division (F)(1)	41644
of this section, if the department of job and family services	41645
gives prior approval for construction of the facility or,	41646
regardless of whether the department gives prior approval, if the	41647
facility obtains a residential facility license under section	41648
5123.19 of the Revised Code pursuant to section 5123.1910 of the	41649
Revised Code. If the department does not give prior approval, cost	41650
of ownership payments shall not exceed the amount specified in	41651
division (C) of this section unless the facility obtains a	41652
residential facility license under section 5123.19 of the Revised	41653
Code pursuant to section 5123.1910 of the Revised Code.	41654

(3) Notwithstanding divisions (D) and (F)(1) and (2) of this	41655
section, the total payment for cost of ownership, cost of	41656
ownership efficiency incentive, and capitalized costs of	41657
renovations for an intermediate care facility for the mentally	41658
retarded with eight or fewer beds shall not exceed the sum of the	41659
limitations specified in divisions (C) and (D) of this section.	41660

(G) Notwithstanding any provision of this section or section	41661
5111.24 of the Revised Code, the director of job and family	41662
services may adopt rules in accordance with Chapter 119. of the	41663
Revised Code that provide for a calculation of a combined maximum	41664
payment limit for indirect care costs and cost of ownership for	41665
intermediate care facilities for the mentally retarded with eight	41666
or fewer beds.	41667

(H) ~~After June 30, 1980, the owner of an intermediate care~~	41668
~~facility for the mentally retarded operating under a provider~~	41669
~~agreement shall provide written notice to the department of job~~	41670
~~and family services at least forty-five days prior to entering~~	41671
~~into any contract of sale for the facility or voluntarily~~	41672
~~terminating participation in the medical assistance program.~~ After	41673
the date on which a transaction of sale of an intermediate care	41674
facility for the mentally retarded is closed, the owner shall	41675
refund to the department the amount of excess depreciation paid to	41676
the facility by the department for each year the owner has	41677
operated the facility under a provider agreement and prorated	41678
according to the number of medicaid patient days for which the	41679
facility has received payment. If an intermediate care facility	41680
for the mentally retarded is sold after five or fewer years of	41681
operation under a provider agreement, the refund to the department	41682
shall be equal to the excess depreciation paid to the facility. If	41683
an intermediate care facility for the mentally retarded is sold	41684
after more than five years but less than ten years of operation	41685
under a provider agreement, the refund to the department shall	41686
equal the excess depreciation paid to the facility multiplied by	41687
twenty per cent, multiplied by the number of years less than ten	41688
that a facility was operated under a provider agreement. If an	41689
intermediate care facility for the mentally retarded is sold after	41690
ten or more years of operation under a provider agreement, the	41691
owner shall not refund any excess depreciation to the department.	41692
For the purposes of this division, "depreciation paid to the	41693
facility" means the amount paid to the intermediate care facility	41694
for the mentally retarded for cost of ownership pursuant to this	41695
section less any amount paid for interest costs. For the purposes	41696
of this division, "excess depreciation" is the intermediate care	41697
facility for the mentally retarded's depreciated basis, which is	41698
the owner's cost less accumulated depreciation, subtracted from	41699
the purchase price but not exceeding the amount of depreciation	41700
paid to the facility.	41701

~~A cost report shall be filed with the department within~~	41702
~~ninety days after the date on which the transaction of sale is~~	41703
~~closed or participation is voluntarily terminated for an~~	41704
~~intermediate care facility for the mentally retarded subject to~~	41705
~~this division. The report shall show the accumulated depreciation,~~	41706
~~the sales price, and other information required by the department.~~	41707
~~The department shall provide for a bank, trust company, or savings~~	41708
~~and loan association to hold in escrow the amount of the last two~~	41709
~~monthly payments to an intermediate care facility for the mentally~~	41710
~~retarded made pursuant to division (A)(1) of section 5111.22 of~~	41711
~~the Revised Code before a sale or voluntary termination of~~	41712
~~participation or, if the owner fails, within the time required by~~	41713
~~this division, to notify the department before entering into a~~	41714
~~contract of sale for the facility, the amount of the first two~~	41715
~~monthly payments made to the facility after the department learns~~	41716
~~of the contract, regardless of whether a new owner is in~~	41717
~~possession of the facility. If the amount the owner will be~~	41718
~~required to refund under this section is likely to be less than~~	41719
~~the amount of the two monthly payments otherwise put into escrow~~	41720
~~under this division, the department shall take one of the~~	41721
~~following actions instead of withholding the amount of the two~~	41722
~~monthly payments:~~	41723

~~(1) In the case of an owner that owns other facilities that~~	41724
~~participate in the medical assistance program, obtain a promissory~~	41725
~~note in an amount sufficient to cover the amount likely to be~~	41726
~~refunded;~~	41727

~~(2) In the case of all other owners, withhold the amount of~~	41728
~~the last monthly payment to the intermediate care facility for the~~	41729
~~mentally retarded or, if the owner fails, within the time required~~	41730
~~by this division, to notify the department before entering into a~~	41731
~~contract of sale for the facility, the amount of the first monthly~~	41732
~~payment made to the facility after the department learns of the~~	41733
~~contract, regardless of whether a new owner is in possession of~~	41734
~~the facility.~~	41735

~~The department shall, within ninety days following the filing~~	41736
~~of the cost report, audit the report and issue an audit report to~~	41737
~~the owner. The department also may audit any other cost reports~~	41738
~~for the facility that have been filed during the previous three~~	41739
~~years. In the audit report, the department shall state its~~	41740
~~findings and the amount of any money owed to the department by the~~	41741
~~intermediate care facility for the mentally retarded. The findings~~	41742
~~shall be subject to an adjudication conducted in accordance with~~	41743
~~Chapter 119. of the Revised Code. No later than fifteen days after~~	41744
~~the owner agrees to a settlement, any funds held in escrow less~~	41745
~~any amounts due to the department shall be released to the owner~~	41746
~~and amounts due to the department shall be paid to the department.~~	41747
~~If the amounts in escrow are less than the amounts due to the~~	41748
~~department, the balance shall be paid to the department within~~	41749
~~fifteen days after the owner agrees to a settlement. If the~~	41750
~~department does not issue its audit report within the ninety-day~~	41751
~~period, the department shall release any money held in escrow to~~	41752
~~the owner.~~ For the purposes of this section, a transfer of	41753
corporate stock, the merger of one corporation into another, or a	41754
consolidation does not constitute a sale.	41755

~~If an intermediate care facility for the mentally retarded is~~	41756
~~not sold or its participation is not terminated after notice is~~	41757
~~provided to the department under this division, the department~~	41758
~~shall order any payments held in escrow released to the facility~~	41759
~~upon receiving written notice from the owner that there will be no~~	41760
~~sale or termination of participation. After written notice is~~	41761
~~received from an intermediate care facility for the mentally~~	41762
~~retarded that a sale or termination of participation will not take~~	41763
~~place, the facility shall provide notice to the department at~~	41764
~~least forty-five days prior to entering into any contract of sale~~	41765
~~or terminating participation at any future time.~~	41766

(I) The department of job and family services shall pay each	41767
eligible proprietary intermediate care facility for the mentally	41768
retarded a return on the facility's net equity computed at the	41769
rate of one and one-half times the average of interest rates on	41770
special issues of public debt obligations issued to the federal	41771
hospital insurance trust fund for the cost reporting period. No	41772
facility's return on net equity paid under this division shall	41773
exceed one dollar per patient day.	41774

In calculating the rate for return on net equity, the	41775
department shall use the greater of the facility's inpatient days	41776
during the applicable cost reporting period or the number of	41777
inpatient days the facility would have had during that period if	41778
its occupancy rate had been ninety-five per cent.	41779

(J)(1) Except as provided in division (J)(2) of this section,	41780
if a provider leases or transfers an interest in a facility to	41781
another provider who is a related party, the related party's	41782
allowable cost of ownership shall include the lesser of the	41783
following:	41784

(a) The annual lease expense or actual cost of ownership,	41785
whichever is applicable;	41786

(b) The reasonable cost to the lessor or provider making the	41787
transfer.	41788

(2) If a provider leases or transfers an interest in a	41789
facility to another provider who is a related party, regardless of	41790
the date of the lease or transfer, the related party's allowable	41791
cost of ownership shall include the annual lease expense or actual	41792
cost of ownership, whichever is applicable, subject to the	41793
limitations specified in divisions (B) to (I) of this section, if	41794
all of the following conditions are met:	41795

(a) The related party is a relative of owner;

41796

(b) In the case of a lease, if the lessor retains any	41797
ownership interest, it is, except as provided in division	41798
(J)(2)(d)(ii) of this section, in only the real property and any	41799
improvements on the real property;	41800

(c) In the case of a transfer, the provider making the	41801
transfer retains, except as provided in division (J)(2)(d)(iv) of	41802
this section, no ownership interest in the facility;	41803

(d) The department of job and family services determines that	41804
the lease or transfer is an arm's length transaction pursuant to	41805
rules the department shall adopt in accordance with Chapter 119.	41806
of the Revised Code no later than December 31, 2000. The rules	41807
shall provide that a lease or transfer is an arm's length	41808
transaction if all of the following, as applicable, apply:	41809

(i) In the case of a lease, once the lease goes into effect,	41810
the lessor has no direct or indirect interest in the lessee or,	41811
except as provided in division (J)(2)(b) of this section, the	41812
facility itself, including interest as an owner, officer,	41813
director, employee, independent contractor, or consultant, but	41814
excluding interest as a lessor.	41815

(ii) In the case of a lease, the lessor does not reacquire an	41816
interest in the facility except through the exercise of a lessor's	41817
rights in the event of a default. If the lessor reacquires an	41818
interest in the facility in this manner, the department shall	41819
treat the facility as if the lease never occurred when the	41820
department calculates its reimbursement rates for capital costs.	41821

(iii) In the case of a transfer, once the transfer goes into	41822
effect, the provider that made the transfer has no direct or	41823
indirect interest in the provider that acquires the facility or	41824
the facility itself, including interest as an owner, officer,	41825
director, employee, independent contractor, or consultant, but	41826
excluding interest as a creditor.	41827

(iv) In the case of a transfer, the provider that made the	41828
transfer does not reacquire an interest in the facility except	41829
through the exercise of a creditor's rights in the event of a	41830
default. If the provider reacquires an interest in the facility in	41831
this manner, the department shall treat the facility as if the	41832
transfer never occurred when the department calculates its	41833
reimbursement rates for capital costs.	41834

(v) The lease or transfer satisfies any other criteria	41835
specified in the rules.	41836

(e) Except in the case of hardship caused by a catastrophic	41837
event, as determined by the department, or in the case of a lessor	41838
or provider making the transfer who is at least sixty-five years	41839
of age, not less than twenty years have elapsed since, for the	41840
same facility, allowable cost of ownership was determined most	41841
recently under this division.	41842

Sec. 5111.28. (A) If a provider properly amends its cost	41843
report under section 5111.27 of the Revised Code and the amended	41844
report shows that the provider received a lower rate under the	41845
original cost report than it was entitled to receive, the	41846
department shall adjust the provider's rate prospectively to	41847
reflect the corrected information. The department shall pay the	41848
adjusted rate beginning two months after the first day of the	41849
month after the provider files the amended cost report. If the	41850
department finds, from an exception review of resident assessment	41851
information conducted after the effective date of the rate for	41852
direct care costs that is based on the assessment information,	41853
that inaccurate assessment information resulted in the provider	41854
receiving a lower rate than it was entitled to receive, the	41855
department prospectively shall adjust the provider's rate	41856
accordingly and shall make payments using the adjusted rate for	41857
the remainder of the calendar quarter for which the assessment	41858
information is used to determine the rate, beginning one month	41859
after the first day of the month after the exception review is	41860
completed.	41861

(B) If the provider properly amends its cost report under	41862
section 5111.27 of the Revised Code, the department makes a	41863
finding based on an audit under that section, or the department	41864
makes a finding based on an exception review of resident	41865
assessment information conducted under that section after the	41866
effective date of the rate for direct care costs that is based on	41867
the assessment information, any of which results in a	41868
determination that the provider has received a higher rate than it	41869
was entitled to receive, the department shall recalculate the	41870
provider's rate using the revised information. The department	41871
shall apply the recalculated rate to the periods when the provider	41872
received the incorrect rate to determine the amount of the	41873
overpayment. The provider shall refund the amount of the	41874
overpayment.	41875

In addition to requiring a refund under this division, the	41876
department may charge the provider interest at the applicable rate	41877
specified in this division from the time the overpayment was made.	41878

(1) If the overpayment resulted from costs reported for	41879
calendar year 1993, the interest shall be no greater than one and	41880
one-half times the average bank prime rate.	41881

(2) If the overpayment resulted from costs reported for	41882
subsequent calendar years:	41883

(a) The interest shall be no greater than two times the	41884
average bank prime rate if the overpayment was equal to or less	41885
than one per cent of the total medicaid payments to the provider	41886
for the fiscal year for which the incorrect information was used	41887
to establish a rate.	41888

(b) The interest shall be no greater than two and one-half	41889
times the current average bank prime rate if the overpayment was	41890
greater than one per cent of the total medicaid payments to the	41891
provider for the fiscal year for which the incorrect information	41892
was used to establish a rate.	41893

41894

(1) If a provider does not furnish invoices or other	41895
documentation that the department requests during an audit within	41896
sixty days after the request, no more than the greater of one	41897
thousand dollars per audit or twenty-five per cent of the	41898
cumulative amount by which the costs for which documentation was	41899
not furnished increased the total medicaid payments to the	41900
provider during the fiscal year for which the costs were used to	41901
establish a rate;	41902

(2) If an ~~owner~~exiting operator fails to provide a properly	41903
completed notice of ~~sale of the~~ facility orclosure, voluntary	41904
termination, voluntary withdrawal of participation ~~in the medical~~	41905
~~assistance program~~, or change of operator, as required by section	41906
~~5111.25~~5111.66 or ~~5111.251~~5111.67 of the Revised Code, no more	41907
than the current average bank prime rate plus four per cent of ~~the~~	41908
~~last~~an amount equal to two times the average amount of monthly	41909
payments to the exiting operator under the medicaid program for	41910
the twelve-month period immediately preceding the month that	41911
includes the last day the exiting operator's provider agreement is	41912
in effect or, in the case of a voluntary withdrawal of	41913
participation, the effective date of the voluntary withdrawal of	41914
participation.	41915

(D) If the provider continues to participate in the ~~medical~~	41916
~~assistance~~medicaid program, the department shall deduct any	41917
amount that the provider is required to refund under this section,	41918
and the amount of any interest charged or penalty imposed under	41919
this section, from the next available payment from the department	41920
to the provider. The department and the provider may enter into an	41921
agreement under which the amount, together with interest, is	41922
deducted in installments from payments from the department to the	41923
provider. If the provider does not continue to participate in the	41924
medicaid program, the department shall collect any amount that the	41925
provider owes to the department under this section from the	41926
withholding, security, or both that the department makes or	41927
requires under section 5111.681 of the Revised Code.	41928

(E) The department shall transmit refunds and penalties to	41929
the treasurer of state for deposit in the general revenue fund.	41930

(F) For the purpose of this section, the department shall	41931
determine the average bank prime rate using statistical release	41932
H.15, "selected interest rates," a weekly publication of the	41933
federal reserve board, or any successor publication. If	41934
statistical release H.15, or its successor, ceases to contain the	41935
bank prime rate information or ceases to be published, the	41936
department shall request a written statement of the average bank	41937
prime rate from the federal reserve bank of Cleveland or the	41938
federal reserve board.	41939

Sec. 5111.29. (A) The director of job and family services	41940
shall adopt rules in accordance with Chapter 119. of the Revised	41941
Code that establish a process under which a nursing facility or	41942
intermediate care facility for the mentally retarded, or a group	41943
or association of facilities, may seek reconsideration of rates	41944
established under sections 5111.23 to 5111.28 of the Revised Code,	41945
including a rate for direct care costs recalculated before the	41946
effective date of the rate as a result of an exception review of	41947
resident assessment information conducted under section 5111.27 of	41948
the Revised Code.	41949

(1) Except as provided in divisions (A)(2) to (4) of this	41950
section, the only issue that a facility, group, or association may	41951
raise in the rate reconsideration shall be whether the rate was	41952
calculated in accordance with sections 5111.23 to 5111.28 of the	41953
Revised Code and the rules adopted under those sections. The rules	41954
shall permit a facility, group, or association to submit written	41955
arguments or other materials that support its position. The rules	41956
shall specify time frames within which the facility, group, or	41957
association and the department must act. If the department	41958
determines, as a result of the rate reconsideration, that the rate	41959
established for one or more facilities is less than the rate to	41960
which it is entitled, the department shall increase the rate. If	41961
the department has paid the incorrect rate for a period of time,	41962
the department shall pay the facility the difference between the	41963
amount it was paid for that period and the amount it should have	41964
been paid.	41965

(2) The rules shall provide that during a fiscal year, the	41966
department, by means of the rate reconsideration process, may	41967
increase a facility's rate as calculated under sections 5111.23 to	41968
5111.28 of the Revised Code if the facility demonstrates that its	41969
actual, allowable costs have increased because of extreme	41970
circumstances. A facility may qualify for a rate increase only if	41971
its per diem, actual, allowable costs have increased to a level	41972
that exceeds its total rate, including any efficiency incentive	41973
and return on equity payment. The rules shall specify the	41974
circumstances that would justify a rate increase under division	41975
(A)(2) of this section. In the case of nursing facilities, the	41976
rules shall provide that the extreme circumstances include	41977
increased security costs for an inner-city nursing facility and an	41978
increase in workers' compensation experience rating of greater	41979
than five per cent for a facility that has an appropriate claims	41980
management program but do not include a change of ownership that	41981
results from bankruptcy, foreclosure, or findings of violations of	41982
certification requirements by the department of health. In the	41983
case of intermediate care facilities for the mentally retarded,	41984
the rules shall provide that the extreme circumstances include,	41985
but are not limited to, renovations approved under division (D) of	41986
section 5111.251 of the Revised Code, an increase in workers'	41987
compensation experience rating of greater than five per cent for a	41988
facility that has an appropriate claims management program,	41989
increased security costs for an inner-city facility, and a change	41990
of ownership that results from bankruptcy, foreclosure, or	41991
findings of violations of certification requirements by the	41992
department of health. An increase under division (A)(2) of this	41993
section is subject to any rate limitations or maximum rates	41994
established by sections 5111.23 to 5111.28 of the Revised Code for	41995
specific cost centers. Any rate increase granted under division	41996
(A)(2) of this section shall take effect on the first day of the	41997
first month after the department receives the request.	41998

(3) The rules shall provide that the department, through the	41999
rate reconsideration process, may increase a facility's rate as	42000
calculated under sections 5111.23 to 5111.28 of the Revised Code	42001
if the department, in its sole discretion, determines that the	42002
rate as calculated under those sections works an extreme hardship	42003
on the facility.	42004

(4) The rules shall provide that when beds certified for the	42005
medical assistance program are added to an existing facility,	42006
replaced at the same site, or subject to a change of ownership or	42007
lease, the department, through the rate reconsideration process,	42008
shall increase the facility's rate for capital costs	42009
proportionately, as limited by any applicable limitation under	42010
section 5111.25 or 5111.251 of the Revised Code, to account for	42011
the costs of the beds that are added, replaced, or subject to a	42012
change of ownership or lease. The department shall make this	42013
increase one month after the first day of the month after the	42014
department receives sufficient documentation of the costs. Any	42015
rate increase granted under division (A)(4) of this section after	42016
June 30, 1993, shall remain in effect until the effective date of	42017
a rate calculated under section 5111.25 or 5111.251 of the Revised	42018
Code that includes costs incurred for a full calendar year for the	42019
bed addition, bed replacement, or change of ownership or lease.	42020
The facility shall report double accumulated depreciation in an	42021
amount equal to the depreciation included in the rate adjustment	42022
on its cost report for the first year of operation. During the	42023
term of any loan used to finance a project for which a rate	42024
adjustment is granted under division (A)(4) of this section, if	42025
the facility is operated by the same provider, the facility shall	42026
subtract from the interest costs it reports on its cost report an	42027
amount equal to the difference between the following:	42028

(a) The actual, allowable interest costs for the loan during	42029
the calendar year for which the costs are being reported;	42030

(b) The actual, allowable interest costs attributable to the	42031
loan that were used to calculate the rates paid to the facility	42032
during the same calendar year.	42033

(5) The department's decision at the conclusion of the	42034
reconsideration process shall not be subject to any administrative	42035
proceedings under Chapter 119. or any other provision of the	42036
Revised Code.	42037

(B) ~~Any~~All of the following are subject to an adjudication	42038
conducted in accordance with Chapter 119. of the Revised Code:	42039

(1) Any audit disallowance that the department makes as the	42040
result of an audit under section 5111.27 of the Revised Code~~, any~~;	42041

(2) Any adverse finding that results from an exception review	42042
of resident assessment information conducted under ~~that~~ section	42043
5111.27 of the Revised Code after the effective date of the	42044
facility's rate that is based on the assessment information~~, and~~	42045
~~any~~;	42046

(3) Any penalty the department imposes under division (C) of	42047
section 5111.28 of the Revised Code ~~shall be subject to an~~	42048
~~adjudication conducted in accordance with Chapter 119.~~or section	42049
5111.684 of the Revised Code.	42050

Sec. 5111.30. The department of job and family services	42051
shall terminate the provider agreement with an operator of a	42052
nursing facility or intermediate care facility for the mentally	42053
retarded that does not comply with the requirements of section	42054
3721.071 of the Revised Code for the installation of fire	42055
extinguishing and fire alarm systems.	42056

Sec. 5111.31. (A) Every provider agreement with an operator	42057
of a nursing facility or intermediate care facility for the	42058
mentally retarded shall:	42059

(1) Prohibit the facility from failing or refusing to retain	42060
as a patient any person because the person is, becomes, or may, as	42061
a patient in the facility, become a recipient of assistance under	42062
the medical assistance program. For the purposes of this division,	42063
a recipient of medical assistance who is a patient in a facility	42064
shall be considered a patient in the facility during any hospital	42065
stays totaling less than twenty-five days during any twelve-month	42066
period. Recipients who have been identified by the department of	42067
job and family services or its designee as requiring the level of	42068
care of an intermediate care facility for the mentally retarded	42069
shall not be subject to a maximum period of absences during which	42070
they are considered patients if prior authorization of the	42071
department for visits with relatives and friends and participation	42072
in therapeutic programs is obtained under rules adopted under	42073
section 5111.02 of the Revised Code.	42074

(2) Include any part of the facility that meets standards for	42075
certification of compliance with federal and state laws and rules	42076
for participation in the medical assistance program, except that	42077
nursing facilities that, during the period beginning July 1, 1987,	42078
and ending July 1, 1993, added beds licensed as nursing home beds	42079
under Chapter 3721. of the Revised Code are not required to	42080
include those beds under a provider agreement unless otherwise	42081
required by federal law. Once added to the provider agreement,	42082
however, those nursing home beds may not be removed unless the	42083
facility withdraws from the medical assistance program in its	42084
entirety.	42085

(3) Prohibit the facility from discriminating against any	42086
patient on the basis of race, color, sex, creed, or national	42087
origin.	42088

(4) Except as otherwise prohibited under section 5111.55 of	42089
the Revised Code, prohibit the facility from failing or refusing	42090
to accept a patient because the patient is, becomes, or may, as a	42091
patient in the facility, become a recipient of assistance under	42092
the medical assistance program if less than eighty per cent of the	42093
patients in the facility are recipients of medical assistance.	42094

(B) Nothing in this section shall bar any religious or	42095
denominational nursing facility or intermediate care facility for	42096
the mentally retarded that is operated, supervised, or controlled	42097
by a religious organization from giving preference to persons of	42098
the same religion or denomination. Nothing in this section shall	42099
bar any facility from giving preference to persons with whom it	42100
has contracted to provide continuing care.	42101

(C) Nothing in this section shall bar any county home	42102
organized under Chapter 5155. of the Revised Code from admitting	42103
residents exclusively from the county in which the county home is	42104
located.	42105

(D) No operator of a nursing facility or intermediate care	42106
facility for the mentally retarded with which a provider agreement	42107
is in effect shall violate the provider contract obligations	42108
imposed under this section.	42109

(E) Nothing in divisions (A) and (B) of this section shall	42110
bar any nursing facility or intermediate care facility for the	42111
mentally retarded from retaining patients who have resided in the	42112
facility for not less than one year as private pay patients and	42113
who subsequently become recipients of assistance under the	42114
medicaid program, but refusing to accept as a patient any person	42115
who is or may, as a patient in the facility, become a recipient of	42116
assistance under the medicaid program, if all of the following	42117
apply:	42118

(1) The facility does not refuse to retain any patient who	42119
has resided in the facility for not less than one year as a	42120
private pay patient because the patient becomes a recipient of	42121
assistance under the medicaid program, except as necessary to	42122
comply with division (E)(2) of this section;	42123

(2) The number of medicaid recipients retained under this	42124
division does not at any time exceed ten per cent of all the	42125
patients in the facility;	42126

(3) On July 1, 1980, all the patients in the facility were	42127
private pay patients.	42128

Sec. 5111.65. As used in sections 5111.65 to 5111.6810 of	42129
the Revised Code:	42130

(A) "Change of operator" means an entering operator becoming	42131
the operator of a nursing facility or intermediate care facility	42132
for the mentally retarded in the place of the exiting operator.	42133

(1) Actions that constitute a change of operator include, but	42134
are not limited to, the following:	42135

(a) A change in an exiting operator's form of legal	42136
organization, including the formation of a partnership or	42137
corporation from a sole proprietorship;	42138

(b) A transfer of all the exiting operator's ownership	42139
interest in the operation of the facility to the entering	42140
operator, regardless of whether ownership of any or all of the	42141
real property or personal property associated with the facility is	42142
also transferred;	42143

(c) A lease of the facility to the entering operator or the	42144
exiting operator's termination of the lease;	42145

(d) If the exiting operator is a partnership, dissolution of	42146
the partnership;	42147

(e) If the exiting operator is a partnership, a change in	42148
composition of the partnership unless both of the following apply:	42149

(i) The change in composition does not cause the	42150
partnership's dissolution under state law.	42151

(ii) The partners agree that the change in composition does	42152
not constitute a change in operator.	42153

(f) If the operator is a corporation, dissolution of the	42154
corporation, a merger of the corporation with another corporation	42155
that is the survivor of the merger, or a consolidation of one or	42156
more other corporations to form a new corporation.	42157

(2) The following, alone, do not constitute a change of	42158
operator:	42159

(a) A contract for an entity to manage a nursing facility or	42160
intermediate care facility for the mentally retarded as the	42161
operator's agent, subject to the operator's approval of daily	42162
operating and management decisions;	42163

(b) A change of ownership, lease, or termination of a lease	42164
of real property or personal property associated with a nursing	42165
facility or intermediate care facility for the mentally retarded	42166
if an entering operator does not become the operator in place of	42167
an exiting operator;	42168

(c) If the operator is a corporation, a change of one or more	42169
members of the corporation's governing body or transfer of	42170
ownership of one or more shares of the corporation's stock, if the	42171
same corporation continues to be the operator.	42172

(B) "Effective date of a change of operator" means the day	42173
the entering operator becomes the operator of the nursing facility	42174
or intermediate care facility for the mentally retarded.	42175

(C) "Effective date of a facility closure" means the last day	42176
that the last of the residents of the nursing facility or	42177
intermediate care facility for the mentally retarded resides in	42178
the facility.	42179

(D) "Effective date of a voluntary termination" means the day	42180
the intermediate care facility for the mentally retarded ceases to	42181
accept medicaid patients.	42182

(E) "Effective date of a voluntary withdrawal of	42183
participation" means the day the nursing facility ceases to accept	42184
new medicaid patients other than the individuals who reside in the	42185
nursing facility on the day before the effective date of the	42186
voluntary withdrawal of participation.	42187

(F) "Entering operator" means the person or government entity	42188
that will become the operator of a nursing facility or	42189
intermediate care facility for the mentally retarded when a change	42190
of operator occurs.	42191

(G) "Exiting operator" means any of the following:

42192

(1) An operator that will cease to be the operator of a	42193
nursing facility or intermediate care facility for the mentally	42194
retarded on the effective date of a change of operator;	42195

(2) An operator that will cease to be the operator of a	42196
nursing facility or intermediate care facility for the mentally	42197
retarded on the effective date of a facility closure;	42198

(3) An operator of an intermediate care facility for the	42199
mentally retarded that is undergoing or has undergone a voluntary	42200
termination;	42201

(4) An operator of a nursing facility that is undergoing or	42202
has undergone a voluntary withdrawal of participation.	42203

(H) "Facility closure" means discontinuance of the use of the	42204
building, or part of the building, that houses the facility as a	42205
nursing facility or intermediate care facility for the mentally	42206
retarded that results in the relocation of all of the facility's	42207
residents. A facility closure occurs regardless of any of the	42208
following:	42209

(1) The operator completely or partially replacing the	42210
facility by constructing a new facility or transferring the	42211
facility's license to another facility;	42212

(2) The facility's residents relocating to another of the	42213
operator's facilities;	42214

(3) Any action the department of health takes regarding the	42215
facility's certification under Title XIX of the "Social Security	42216
Act," 79 Stat. 286 (1965), 42 U.S.C.A. 1396, as amended, that may	42217
result in the transfer of part of the facility's survey findings	42218
to another of the operator's facilities;	42219

(4) Any action the department of health takes regarding the	42220
facility's license under Chapter 3721. of the Revised Code;	42221

(5) Any action the department of mental retardation and	42222
developmental disabilities takes regarding the facility's license	42223
under section 5123.19 of the Revised Code.	42224

(I) "Fiscal year" means the fiscal year of this state, as	42225
specified in section 9.34 of the Revised Code.	42226

(J) "Intermediate care facility for the mentally retarded,"	42227
"nursing home," "operator," and "owner" have the same meanings as	42228
in section 5111.20 of the Revised Code.	42229

(K) "Provider agreement" means a contract between the	42230
department of job and family services and the operator of a	42231
nursing facility or intermediate care facility for the mentally	42232
retarded for the provision of nursing facility services or	42233
intermediate care facility services for the mentally retarded	42234
under the medical assistance program.	42235

(L) "Voluntary termination" means an operator's voluntary	42236
election to terminate the participation of an intermediate care	42237
facility for the mentally retarded in the medicaid program but to	42238
continue to provide service of the type provided by a residential	42239
facility as defined in section 5123.19 of the Revised Code.	42240

(M) "Voluntary withdrawal of participation" means an	42241
operator's voluntary election to terminate the participation of a	42242
nursing facility in the medicaid program but to continue to	42243
provide service of the type provided by nursing facilities.	42244

Sec. 5111.66. An exiting operator or owner of a nursing	42245
facility or intermediate care facility for the mentally retarded	42246
participating in the medicaid program shall provide the department	42247
of job and family services written notice of a facility closure,	42248
voluntary termination, or voluntary withdrawal of participation	42249
not less than ninety days before the effective date of the	42250
facility closure, voluntary termination, or voluntary withdrawal	42251
of participation. The written notice shall include all of the	42252
following:	42253

(A) The name of the exiting operator and, if any, the exiting	42254
operator's authorized agent;	42255

(B) The name of the nursing facility or intermediate care	42256
facility for the mentally retarded that is the subject of the	42257
facility closure, voluntary termination, or voluntary withdrawal	42258
of participation;	42259

(C) The exiting operator's medicaid provider agreement	42260
number;	42261

(D) The effective date of the facility closure, voluntary	42262
termination, or voluntary withdrawal of participation;	42263

(E) The signature of the exiting operator's or owner's	42264
representative.	42265

Sec. 5111.661. An operator shall comply with section	42266
1919(c)(2)(F) of the "Social Security Act," 79 Stat. 286 (1965),	42267
42 U.S.C. 1396r(c)(2)(F) if the operator's nursing facility	42268
undergoes a voluntary withdrawal of participation.	42269

Sec. 5111.67. (A) An exiting operator or owner and entering	42270
operator shall provide the department of job and family services	42271
written notice of a change of operator if the nursing facility or	42272
intermediate care facility for the mentally retarded participates	42273
in the medicaid program and the entering operator seeks to	42274
continue the facility's participation. The written notice shall be	42275
provided to the department not later than forty-five days before	42276
the effective date of the change of operator if the change of	42277
operator does not entail the relocation of residents. The written	42278
notice shall be provided to the department not later than ninety	42279
days before the effective date of the change of operator if the	42280
change of operator entails the relocation of residents. The	42281
written notice shall include all of the following:	42282

(1) The name of the exiting operator and, if any, the exiting	42283
operator's authorized agent;	42284

(2) The name of the nursing facility or intermediate care	42285
facility for the mentally retarded that is the subject of the	42286
change of operator;	42287

(3) The exiting operator's medicaid provider agreement	42288
number;	42289

(4) The name of the entering operator;

42290

(5) The effective date of the change of operator;

42291

(6) The manner in which the entering operator becomes the	42292
facility's operator, including through sale, lease, merger, or	42293
other action;	42294

(7) If the manner in which the entering operator becomes the	42295
facility's operator involves more than one step, a description of	42296
each step;	42297

(8) Written authorization from the exiting operator or owner	42298
and entering operator for the department to process a provider	42299
agreement for the entering operator;	42300

(9) The signature of the exiting operator's or owner's	42301
representative.	42302

(B) The entering operator shall include a completed	42303
application for a provider agreement with the written notice to	42304
the department. The entering operator shall attach to the	42305
application the following:	42306

(1) If the written notice is provided to the department	42307
before the date the exiting operator or owner and entering	42308
operator complete the transaction for the change of operator, all	42309
the proposed leases, management agreements, merger agreements and	42310
supporting documents, and sales contracts and supporting documents	42311
relating to the facility's change of operator;	42312

(2) If the written notice is provided to the department on or	42313
after the date the exiting operator or owner and entering operator	42314
complete the transaction for the change of operator, copies of all	42315
the executed leases, management agreements, merger agreements and	42316
supporting documents, and sales contracts and supporting documents	42317
relating to the facility's change of operator.	42318

Sec. 5111.671. The department of job and family services may	42319
enter into a provider agreement with an entering operator that	42320
goes into effect at 12:01 a.m. on the effective date of the change	42321
of operator if all of the following requirements are met:	42322

(A) The department receives a properly completed written	42323
notice required by section 5111.67 of the Revised Code on or	42324
before the date required by that section.	42325

(B) The entering operator furnishes to the department copies	42326
of all the fully executed leases, management agreements, merger	42327
agreements and supporting documents, and sales contracts and	42328
supporting documents relating to the change of operator not later	42329
than ten days after the effective date of the change of operator.	42330

(C) The entering operator is eligible for medicaid payments	42331
as provided in section 5111.21 of the Revised Code.	42332

Sec. 5111.672. (A) The department of job and family services	42333
may enter into a provider agreement with an entering operator that	42334
goes into effect at 12:01 a.m. on the date determined under	42335
division (B) of this section if all of the following are the case:	42336

(1) The department receives a properly completed written	42337
notice required by section 5111.67 of the Revised Code.	42338

(2) The entering operator furnishes to the department copies	42339
of all the fully executed leases, management agreements, merger	42340
agreements and supporting documents, and sales contracts and	42341
supporting documents relating to change of operator.	42342

(3) The requirement of division (A)(1) of this section is met	42343
after the time required by section 5111.67 of the Revised Code,	42344
the requirement of division (A)(2) of this section is met more	42345
than ten days after the effective date of the change of operator,	42346
or both.	42347

(4) The entering operator is eligible for medicaid payments	42348
as provided in section 5111.21 of the Revised Code.	42349

(B) The department shall determine the date a provider	42350
agreement entered into under this section is to go into effect as	42351
follows:	42352

(1) The effective date shall give the department sufficient	42353
time to process the change of operator, assure no duplicate	42354
payments are made, make the withholding required by section	42355
5111.681 of the Revised Code, and withhold the final payment to	42356
the exiting operator until the following:	42357

(a) Ninety days after the exiting operator submits to the	42358
department a properly completed cost report under section 5111.683	42359
of the Revised Code;	42360

(b) One hundred eighty days after the department waives the	42361
cost report requirement of section 5111.683 of the Revised Code.	42362

(2) The effective date shall be not earlier than the later of	42363
the effective date of the change of operator or the date that the	42364
exiting operator or owner and entering operator comply with	42365
section 5111.67 of the Revised Code.	42366

(3) The effective date shall be not later than the following	42367
after the later of the dates specified in division (B)(2) of this	42368
section:	42369

(a) Forty-five days if the change of operator does not entail	42370
the relocation of residents;	42371

(b) Ninety days if the change of operator entails the	42372
relocation of residents.	42373

Sec. 5111.673. A provider agreement that the department of	42374
job and family services enters into with an entering operator	42375
under section 5111.671 or 5111.672 of the Revised Code shall	42376
satisfy all of the following requirements:	42377

(A) Comply with all applicable federal statutes and	42378
regulations;	42379

(B) Comply with section 5111.22 of the Revised Code and all	42380
other applicable state statutes and rules;	42381

(C) Include all the terms and conditions of the exiting	42382
operator's provider agreement, including, but not limited to, all	42383
of the following:	42384

(1) Any plan of correction;

42385

(2) Compliance with health and safety standards;

42386

(3) Compliance with the ownership and financial interest	42387
disclosure requirements of 42 C.F.R. 455.104, 455.105, and 1002.3;	42388

(4) Compliance with the civil rights requirements of 45	42389
C.F.R. parts 80, 84, and 90;	42390

(5) Compliance with additional requirements imposed by the	42391
department;	42392

(6) Any sanctions relating to remedies for violation of the	42393
provider agreement, including deficiencies, compliance periods,	42394
accountability periods, monetary penalties, notification for	42395
correction of contract violations, and history of deficiencies.	42396

(D) Require the entering operator to assume the exiting	42397
operator's remaining debt to the department and United States	42398
centers for medicare and medicaid services that the department is	42399
unable to collect from the exiting operator;	42400

(E) Have a different provider agreement number than the	42401
exiting operator's provider agreement.	42402

Sec. 5111.674. In the case of a change of operator, the	42403
exiting operator shall be considered to be the operator of the	42404
nursing facility or intermediate care facility for the mentally	42405
retarded for purposes of the medicaid program, including medicaid	42406
payments, until the effective date of the entering operator's	42407
provider agreement if the provider agreement is entered into under	42408
section 5111.671 or 5111.672 of the Revised Code.	42409

Sec. 5111.675. The department of job and family services may	42410
enter into a provider agreement as provided in section 5111.22 of	42411
the Revised Code, rather than section 5111.671 or 5111.672 of the	42412
Revised Code, with an entering operator if the entering operator	42413
does not agree to a provider agreement that satisfies the	42414
requirements of division (C) or (D) of section 5111.673 of the	42415
Revised Code. The department may not enter into the provider	42416
agreement unless the department of health certifies the nursing	42417
facility or intermediate care facility for the mentally retarded	42418
under Title XIX of the "Social Security Act," 79 Stat. 286 (1965),	42419
42 U.S.C.A. 1396, as amended. The effective date of the provider	42420
agreement shall not precede any of the following:	42421

(A) The date that the department of health certifies the	42422
facility;	42423

(B) The effective date of the change of operator;

42424

(C) The date the requirement of section 5111.67 of the	42425
Revised Code is satisfied.	42426

Sec. 5111.676. The director of job and family services may	42427
adopt rules in accordance with Chapter 119. of the Revised Code	42428
governing adjustments to the medicaid reimbursement rate for a	42429
nursing facility or intermediate care facility for the mentally	42430
retarded that undergoes a change of operator. No rate adjustment	42431
resulting from a change of operator shall be effective before the	42432
effective date of the entering operator's provider agreement. This	42433
is the case regardless of whether the provider agreement is	42434
entered into under section 5111.671, section 5111.672, or,	42435
pursuant to section 5111.675, section 5111.22 of the Revised Code.	42436

Sec. 5111.677. Neither of the following shall affect the	42437
department of job and family services' determination of whether or	42438
when a change of operator occurs or the effective date of an	42439
entering operator's provider agreement under section 5111.671,	42440
section 5111.672, or, pursuant to section 5111.675, section	42441
5111.22 of the Revised Code:	42442

(A) The department of health's determination that a change of	42443
operator has or has not occurred for purposes of licensure under	42444
Chapter 3721. of the Revised Code;	42445

(B) The department of mental retardation and developmental	42446
disabilities' determination that a change of operator has or has	42447
not occurred for purposes of licensure under section 5123.19 of	42448
the Revised Code.	42449

Sec. 5111.68. (A) On receipt of a written notice under	42450
section 5111.66 of the Revised Code of a facility closure,	42451
voluntary termination, or voluntary withdrawal of participation or	42452
a written notice under section 5111.67 of the Revised Code of a	42453
change of operator, the department of job and family services	42454
shall determine the amount of any overpayments made under the	42455
medicaid program to the exiting operator, including overpayments	42456
the exiting operator disputes, and other actual and potential	42457
debts the exiting operator owes or may owe to the department and	42458
United States centers for medicare and medicaid services under the	42459
medicaid program. In determining the exiting operator's other	42460
actual and potential debts to the department under the medicaid	42461
program, the department shall include all of the following that	42462
the department determines is applicable:	42463

(1) Refunds due the department under division (G) of section	42464
5111.25 of the Revised Code or division (H) of section 5111.251 of	42465
the Revised Code;	42466

(2) Interest owed to the department and United States centers	42467
for medicare and medicaid services;	42468

(3) Final civil monetary and other penalties for which all	42469
right of appeal has been exhausted;	42470

(4) Third-party liabilities;

42471

(5) Money owed the department and United States centers for	42472
medicare and medicaid services from any outstanding final fiscal	42473
audit, including a final fiscal audit for the last fiscal year or	42474
portion thereof in which the exiting operator participated in the	42475
medicaid program.	42476

(B) If the department is unable to determine the amount of	42477
the overpayments and other debts for any period before the	42478
effective date of the entering operator's provider agreement or	42479
the effective date of the facility closure, voluntary termination,	42480
or voluntary withdrawal of participation, the department shall	42481
make a reasonable estimate of the overpayments and other debts for	42482
the period. The department shall make the estimate using	42483
information available to the department, including prior	42484
determinations of overpayments and other debts.	42485

Sec. 5111.681. (A) The department of job and family services	42486
shall withhold the greater of the following from payment due an	42487
exiting operator under the medicaid program:	42488

(1) The total amount of any overpayments made under the	42489
medicaid program to the exiting operator, including overpayments	42490
the exiting operator disputes, and other actual and potential	42491
debts, including any unpaid penalties, the exiting operator owes	42492
or may owe to the department and United States centers for	42493
medicare and medicaid services under the medicaid program;	42494

(2) An amount equal to the average amount of monthly payments	42495
to the exiting operator under the medicaid program for the	42496
twelve-month period immediately preceding the month that includes	42497
the last day the exiting operator's provider agreement is in	42498
effect or, in the case of a voluntary withdrawal of participation,	42499
the effective date of the voluntary withdrawal of participation.	42500

(B) The department may transfer the amount withheld under	42501
division (A) of this section to an escrow account with a bank,	42502
trust company, or savings and loan association.	42503

(C) If payment due an exiting operator under the medicaid	42504
program is less than the amount the department is required to	42505
withhold under division (A) of this section, the department shall	42506
require that the exiting operator provide the difference in the	42507
form of a security.	42508

(D) The department shall release to the exiting operator the	42509
actual amount withheld under division (A) of this section if the	42510
department allows the exiting operator to provide the department a	42511
security in the amount the department is required to withhold	42512
under division (A) of this section, less any of that amount	42513
provided to the department in the form of a security under	42514
division (C) of this section.	42515

(E) Security provided to the department under division (C) or	42516
(D) of this section shall be in either or both of the following	42517
forms:	42518

(1) In the case of a change of operator, the entering	42519
operator's nontransferable, unconditional, written agreement to	42520
pay the department any debt the exiting operator owes the	42521
department under the medicaid program;	42522

(2) In the case of a change of operator, facility closure,	42523
voluntary termination, or voluntary withdrawal of participation, a	42524
form of collateral or security acceptable to the department that	42525
satisfies both of the following conditions:	42526

(a) Is at least equal to the amount the department is	42527
required to withhold under division (A) of this section, less any	42528
amounts the department has received through actual withholding or	42529
one or more other forms of security under this division;	42530

(b) Is payable to the department if the exiting operator	42531
fails to pay any debt owed the department under the medicaid	42532
program within fifteen days of receiving the department's written	42533
demand for payment of the debt.	42534

Sec. 5111.682. An entering operator that provides the	42535
department of job and family services a security in the form	42536
provided by division (E)(1) of section 5111.681 of the Revised	42537
Code shall also provide the department a list of the entering	42538
operator's assets and liabilities. The department shall determine	42539
whether the assets are sufficient for the purpose of the security.	42540

Sec. 5111.683. (A) Except as provided in division (B) of this	42541
section, an exiting operator shall file with the department of job	42542
and family services a cost report not later than ninety days after	42543
the last day the exiting operator's provider agreement is in	42544
effect or, in the case of a voluntary withdrawal of participation,	42545
the effective date of the voluntary withdrawal of participation.	42546
The cost report shall cover the period that begins with the day	42547
after the last day covered by the operator's most recent previous	42548
cost report required by section 5111.26 of the Revised Code and	42549
ends on the last day the exiting operator's provider agreement is	42550
in effect or, in the case of a voluntary withdrawal of	42551
participation, the effective date of the voluntary withdrawal of	42552
participation. The cost report shall include, as applicable, all	42553
of the following:	42554

(1) The sale price of the nursing facility or intermediate	42555
care facility for the mentally retarded;	42556

(2) A final depreciation schedule that shows which assets are	42557
transferred to the buyer and which assets are not transferred to	42558
the buyer;	42559

(3) Any other information the department requires.

42560

(B) The department, at its sole discretion, may waive the	42561
requirement that an exiting operator file a cost report in	42562
accordance with division (A) of this section.	42563

Sec. 5111.684. If an exiting operator required by section	42564
5111.683 of the Revised Code to file a cost report with the	42565
department of job and family services fails to file the cost	42566
report in accordance with that section, all payments under the	42567
medicaid program for the period the cost report is required to	42568
cover are deemed overpayments until the date the department	42569
receives the properly completed cost report. The department may	42570
impose on the exiting operator a penalty of one hundred dollars	42571
for each calendar day the properly completed cost report is late.	42572

Sec. 5111.685. The department of job and family services may	42573
not provide an exiting operator final payment under the medicaid	42574
program until the department receives all properly completed cost	42575
reports the exiting operator is required to file under sections	42576
5111.26 and 5111.683 of the Revised Code.	42577

Sec. 5111.686. The department of job and family services	42578
shall determine the actual amount of debt an exiting operator owes	42579
the department under the medicaid program by completing all final	42580
fiscal audits not already completed and performing all other	42581
appropriate actions the department determines to be necessary. The	42582
department shall issue a report on this matter not later than	42583
ninety days after the date the exiting operator files the properly	42584
completed cost report required by section 5111.683 of the Revised	42585
Code with the department or, if the department waives the cost	42586
report requirement for the exiting operator, one hundred eighty	42587
days after the date the department waives the cost report	42588
requirement. The report shall include the department's findings	42589
and the amount of debt the department determines the exiting	42590
operator owes the department and United States centers for	42591
medicare and medicaid services under the medicaid program. Only	42592
the parts of the report that are subject to an adjudication as	42593
specified in division (B) of section 5111.29 of the Revised Code	42594
are subject to an adjudication conducted in accordance with	42595
Chapter 119. of the Revised Code.	42596

Sec. 5111.687. The department of job and family services	42597
shall release the actual amount withheld under division (A) of	42598
section 5111.681 of the Revised Code, and any security provided to	42599
the department under that section, less any amount the exiting	42600
operator owes the department and United States centers for	42601
medicare and medicaid services under the medicaid program, as	42602
follows:	42603

(A) Ninety-one days after the date the exiting operator files	42604
a properly completed cost report required by section 5111.683 of	42605
the Revised Code unless the department issues the report required	42606
by section 5111.686 of the Revised Code not later than ninety days	42607
after the date the exiting operator files the properly completed	42608
cost report;	42609

(B) Not later than fifteen days after the exiting operator	42610
agrees to a final fiscal audit resulting from the report required	42611
by section 5111.686 of the Revised Code if the department issues	42612
the report not later than ninety days after the date the exiting	42613
operator files a properly completed cost report required by	42614
section 5111.683 of the Revised Code;	42615

(C) One hundred eighty-one days after the date the department	42616
waives the cost report requirement of section 5111.683 of the	42617
Revised Code unless the department issues the report required by	42618
section 5111.686 of the Revised Code not later than one hundred	42619
eighty days after the date the department waives the cost report	42620
requirement;	42621

(D) Not later than fifteen days after the exiting operator	42622
agrees to a final fiscal audit resulting from the report required	42623
by section 5111.686 of the Revised Code if the department issues	42624
the report not later than one hundred eighty days after the date	42625
the department waives the cost report requirement of section	42626
5111.683 of the Revised Code.	42627

Sec. 5111.688. If the actual amount the department of job and	42628
family services withholds from an exiting operator under division	42629
(A) of section 5111.681 of the Revised Code, and any security	42630
provided to the department under that section, is inadequate to	42631
pay the exiting operator's debt to the department and United	42632
States centers for medicare and medicaid services under the	42633
medicaid program or the department is required to release the	42634
withholdings and security under section 5111.687 of the Revised	42635
Code before the department is paid the exiting operator's debt,	42636
the department shall collect the debt as follows:	42637

(A) From the exiting operator;

42638

(B) From the entering operator if the department is unable to	42639
collect the entire debt from the exiting operator and the entering	42640
operator entered into a provider agreement under section 5111.671	42641
or 5111.672 of the Revised Code. The department may collect the	42642
remaining debt by withholding the amount due from payments to the	42643
entering operator under the medicaid program. The department may	42644
enter into an agreement with the entering operator under which the	42645
entering operator pays the remaining debt, with applicable	42646
interest, in installments from withholdings from the entering	42647
operator's payments under the medicaid program.	42648

Sec. 5111.689. The department of job and family services, at	42649
its sole discretion, may release the amount withheld under	42650
division (A) of section 5111.681 of the Revised Code, and any	42651
security provided to the department under that section, if the	42652
exiting operator submits to the department written notice of a	42653
postponement of a change of operator, facility closure, voluntary	42654
termination, or voluntary withdrawal of participation and the	42655
transactions leading to the change of operator, facility closure,	42656
voluntary termination, or voluntary withdrawal of participation	42657
are postponed for at least thirty days but less than ninety days	42658
after the date originally proposed for the change of operator,	42659
facility closure, voluntary termination, or voluntary withdrawal	42660
of participation as reported in the written notice required by	42661
section 5111.66 or 5111.67 of the Revised Code. The department	42662
shall release the amount withheld and security if the exiting	42663
operator submits to the department written notice of a	42664
cancellation or postponement of a change of operator, facility	42665
closure, voluntary termination, or voluntary withdrawal of	42666
participation and the transactions leading to the change of	42667
operator, facility closure, voluntary termination, or voluntary	42668
withdrawal of participation are canceled, or postponed for more	42669
than ninety days after the date originally proposed for the change	42670
of operator, facility closure, voluntary termination, or voluntary	42671
withdrawal of participation as reported in the written notice	42672
required by section 5111.66 or 5111.67 of the Revised Code.	42673

After the department receives a written notice regarding a	42674
cancellation or postponement of a facility closure, voluntary	42675
termination, or voluntary withdrawal of participation, the exiting	42676
operator or owner shall provide new written notice to the	42677
department under section 5111.66 of the Revised Code regarding any	42678
transactions leading to a facility closure, voluntary termination,	42679
or voluntary withdrawal of participation at a future time. After	42680
the department receives a written notice regarding a cancellation	42681
or postponement of a change of operator, the exiting operator or	42682
owner and entering operator shall provide new written notice to	42683
the department under section 5111.67 of the Revised Code regarding	42684
any transactions leading to a change of operator at a future time.	42685

Sec. 5111.6810. The director of job and family services may	42686
adopt rules in accordance with Chapter 119. of the Revised Code to	42687
implement sections 5111.65 to 5111.6810 of the Revised Code,	42688
including rules applicable to an exiting operator that provides	42689
written notification under section 5111.66 of the Revised Code of	42690
a voluntary withdrawal of participation. Rules adopted under this	42691
section shall comply with section 1919(c)(2)(F) of the "Social	42692
Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1396r(c)(2)(F),	42693
regarding restrictions on transfers or discharges of nursing	42694
facility residents in the case of a voluntary withdrawal of	42695
participation. The rules may prescribe a medicaid reimbursement	42696
methodology and other procedures that are applicable after the	42697
effective date of a voluntary withdrawal of participation that	42698
differ from the reimbursement methodology and other procedures	42699
that would otherwise apply.	42700

Sec. 5111.81. There is hereby established the pharmacy and	42701
therapeutics committee of the department of job and family	42702
services. The committee shall consist of eight members and shall	42703
be appointed by the director of job and family services. The	42704
membership of the committee shall include: two pharmacists	42705
licensed under Chapter 4729. of the Revised Code;, two doctors of	42706
medicine and two doctors of osteopathy licensed under Chapter	42707
4731. of the Revised Code;, a registered nurse licensed under	42708
Chapter 4723. of the Revised Code;, and a pharmacologist who has a	42709
doctoral degree. The committee shall elect one of its members as	42710
chairperson.	42711

The committee shall accept any written or oral testimony	42712
presented at any public meeting of the committee.	42713

Sec. 5111.85. (A) As used in this section, "medicaid waiver	42714
component" means a component of the medicaid program authorized by	42715
a waiver granted by the United States department of health and	42716
human services under section 1115 or 1915 of the "Social Security	42717
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 1315 or 1396n. "Medicaid	42718
waiver component" does not include a ~~managed~~ care management	42719
system established under section ~~5111.17~~5111.16 of the Revised	42720
Code.	42721

(B) The director of job and family services may adopt rules	42722
under Chapter 119. of the Revised Code governing medicaid waiver	42723
components that establish all of the following:	42724

(1) Eligibility requirements for the medicaid waiver	42725
components;	42726

(2) The type, amount, duration, and scope of services the	42727
medicaid waiver components provide;	42728

(3) The conditions under which the medicaid waiver components	42729
cover services;	42730

(4) The amount the medicaid waiver components pay for	42731
services or the method by which the amount is determined;	42732

(5) The manner in which the medicaid waiver components pay	42733
for services;	42734

(6) Safeguards for the health and welfare of medicaid	42735
recipients receiving services under a medicaid waiver component;	42736

(7) Procedures for enforcing the rules, including	42737
establishing corrective action plans for, and imposing financial	42738
and administrative sanctions on, persons and government entities	42739
that violate the rules. Sanctions shall include terminating	42740
medicaid provider agreements. The procedures shall include due	42741
process protections.	42742

(8) Other policies necessary for the efficient administration	42743
of the medicaid waiver components.	42744

(C) The director of job and family services may adopt	42745
different rules for the different medicaid waiver components. The	42746
rules shall be consistent with the terms of the waiver authorizing	42747
the medicaid waiver component.	42748

(D) The director of job and family services may conduct	42749
reviews of the medicaid waiver components. The reviews may include	42750
physical inspections of records and sites where services are	42751
provided under the medicaid waiver components and interviews of	42752
providers and recipients of the services. If the director	42753
determines pursuant to a review that a person or government entity	42754
has violated a rule governing a medicaid waiver component, the	42755
director may establish a corrective action plan for the violator	42756
and impose fiscal, administrative, or both types of sanctions on	42757
the violator in accordance with rules adopted under division (B)	42758
of this section.	42759

Sec. 5111.87. (A) As used in this section and section	42760
5111.871 of the Revised Code, "intermediate care facility for the	42761
mentally retarded" has the same meaning as in section 5111.20 of	42762
the Revised Code.	42763

(B) The director of job and family services may apply to the	42764
United States secretary of health and human services for ~~one~~both	42765
of the following:	42766

(1) One or more medicaid waivers under which home and	42767
community-based services are provided to individuals with mental	42768
retardation or other developmental disability as an alternative to	42769
placement in an intermediate care facility for the mentally	42770
retarded;	42771

(2) One or more medicaid waivers that operate for three to	42772
four years each and under which home and community-based services	42773
are provided in the form of either or both of the following:	42774

(a) Early intervention services for children under three	42775
years of age that are provided or arranged by county boards of	42776
mental retardation and developmental disabilities;	42777

(b) Therapeutic services for children with autism. ~~Before the~~	42778
~~director applies~~	42779

(C) The director of mental retardation and developmental	42780
disabilities may request that the director of job and family	42781
services apply for one or more medicaid waivers under this	42782
section.	42783

(D) Before applying for a waiver under this section, the	42784
director of job and family services shall seek, accept, and	42785
consider public comments.	42786

Sec. 5111.871. The department of job and family services	42787
shall enter into a contract with the department of mental	42788
retardation and developmental disabilities under section 5111.91	42789
of the Revised Code with regard to the ~~component~~components of the	42790
medicaid program established by the department of job and family	42791
services under ~~one or more~~the medicaid waivers ~~from the United~~	42792
~~States secretary of health and human services pursuant to section~~	42793
~~1915 of the "Social Security Act," 49 Stat. 620 (1935), 42~~	42794
~~U.S.C.A. 1396n, as amended, to provide eligible medicaid~~	42795
~~recipients with home and community-based services as an~~	42796
~~alternative to placement in an intermediate care facility for the~~	42797
~~mentally retarded~~sought under section 5111.87 of the Revised	42798
Code. The contract shall provide for the department of mental	42799
retardation and developmental disabilities to administer the	42800
~~component~~components in accordance with the terms of the ~~waiver~~	42801
waivers. The directors of job and family services and mental	42802
retardation and developmental disabilities shall adopt rules in	42803
accordance with Chapter 119. of the Revised Code governing the	42804
~~component~~components.	42805

If the department of mental retardation and developmental	42806
disabilities or the department of job and family services denies	42807
an individual's application for home and community-based services	42808
provided under ~~this~~any of these medicaid ~~component~~components,	42809
the department that denied the services shall give timely notice	42810
to the individual that the individual may request a hearing under	42811
section 5101.35 of the Revised Code.	42812

The departments of mental retardation and developmental	42813
disabilities and job and family services may approve, reduce,	42814
deny, or terminate a service included in the individualized	42815
service plan developed for a medicaid recipient eligible for home	42816
and community-based services provided under ~~this~~any of these	42817
medicaid ~~component~~components. The departments shall consider the	42818
recommendations a county board of mental retardation and	42819
developmental disabilities makes under division (A)(1)(c) of	42820
section 5126.055 of the Revised Code. If either department	42821
approves, reduces, denies, or terminates a service, that	42822
department shall give timely notice to the medicaid recipient that	42823
the recipient may request a hearing under section 5101.35 of the	42824
Revised Code.	42825

If supported living or residential services, as defined in	42826
section 5126.01 of the Revised Code, are to be provided under ~~this~~	42827
~~component~~any of these components, any person or government entity	42828
with a current, valid medicaid provider agreement and a current,	42829
valid license under section 5123.19 or certificate under section	42830
5123.045 or 5126.431 of the Revised Code may provide the services.	42831

Sec. 5111.872. When the department of mental retardation and	42832
developmental disabilities allocates enrollment numbers to a	42833
county board of mental retardation and developmental disabilities	42834
for home and community-based services provided under the component	42835
of the medicaid program that the department administers under	42836
section 5111.871 of the Revised Code, the department shall	42837
consider all of the following:	42838

(A) The number of individuals with mental retardation or	42839
other developmental disability who are on a waiting list the	42840
county board establishes under division (C) of section 5126.042 of	42841
the Revised Code for those services and are given priority on the	42842
waiting list pursuant to division (D) or (E) of that section;	42843

(B) The implementation component required by division (A)(4)	42844
of section 5126.054 of the Revised Code of the county board's plan	42845
approved under section 5123.046 of the Revised Code;	42846

(C) Anything else the department considers necessary to	42847
enable county boards to provide those services to individuals in	42848
accordance with the priority requirements of ~~division~~divisions	42849
(D) and (E) of section 5126.042 of the Revised Code.	42850

Sec. 5111.873. (A) Not later than the effective date of the	42851
first of any medicaid waivers the United States secretary of	42852
health and human services grants pursuant to a request made under	42853
section 5111.87 of the Revised Code, the director of job and	42854
family services shall adopt rules in accordance with Chapter 119.	42855
of the Revised Code establishing statewide fee schedules for home	42856
and community-based services provided under the component of the	42857
medicaid program authorized by that waiver that the department of	42858
mental retardation and developmental disabilities administers	42859
under section 5111.871 of the Revised Code. The rules shall	42860
provide for all of the following:	42861

(1) The department of mental retardation and developmental	42862
disabilities arranging for the initial and ongoing collection of	42863
cost information from a comprehensive, statistically valid sample	42864
of persons and government entities providing the services at the	42865
time the information is obtained;	42866

(2) The collection of consumer-specific information through	42867
an assessment instrument the department of mental retardation and	42868
developmental disabilities shall provide to the department of job	42869
and family services;	42870

(3) With the information collected pursuant to divisions	42871
(A)(1) and (2) of this section, an analysis of that information,	42872
and other information the director determines relevant, methods	42873
and standards for calculating the fee schedules that do all of the	42874
following:	42875

(a) Assure that the fees are consistent with efficiency,	42876
economy, and quality of care;	42877

(b) Consider the intensity of consumer resource need;

42878

(c) Recognize variations in different geographic areas	42879
regarding the resources necessary to assure the health and welfare	42880
of consumers;	42881

(d) Recognize variations in environmental supports available	42882
to consumers.	42883

(B) As part of the process of adopting rules under this	42884
section, the director shall consult with the director of mental	42885
retardation and developmental disabilities, representatives of	42886
county boards of mental retardation and developmental	42887
disabilities, persons who provide the home and community-based	42888
services, and other persons and government entities the director	42889
identifies.	42890

(C) The directors of job and family services and mental	42891
retardation and developmental disabilities shall review the rules	42892
adopted under this section at times they determine to ensure that	42893
the methods and standards established by the rules for calculating	42894
the fee schedules continue to do everything that division (A)(3)	42895
of this section requires.	42896

Sec. 5111.911. Any contract the department of job and family	42897
services enters into with the department of mental health or	42898
department of alcohol and drug addiction services under section	42899
5111.91 of the Revised Code is subject to the approval of the	42900
director of budget and management and shall require or specify all	42901
of the following:	42902

(A) In the case of a contract with the department of mental	42903
health, that section 5111.912 of the Revised Code be complied	42904
with;	42905

(B) In the case of a contract with the department of alcohol	42906
and drug addiction services, that section 5111.913 of the Revised	42907
Code be complied with;	42908

42909

(D) The department of mental health's or department of	42910
alcohol and drug addiction services' responsibilities for	42911
reimbursing providers, including program oversight and quality	42912
assurance.	42913

Sec. 5111.912. If the department of job and family services	42914
enters into a contract with the department of mental health under	42915
section 5111.91 of the Revised Code, the department of mental	42916
health and boards of alcohol, drug addiction, and mental health	42917
services shall pay the nonfederal share of any medicaid payment to	42918
a provider for services under the component, or aspect of the	42919
component, the department of mental health administers.	42920

Sec. 5111.913. If the department of job and family services	42921
enters into a contract with the department of alcohol and drug	42922
addiction services under section 5111.91 of the Revised Code, the	42923
department of alcohol and drug addiction services and boards of	42924
alcohol, drug addiction, and mental health services shall pay the	42925
nonfederal share of any medicaid payment to a provider for	42926
services under the component, or aspect of the component, the	42927
department of alcohol and drug addiction services administers.	42928

Sec. 5111.94. (A) As used in this section, "vendor offset"	42929
means a reduction of a medicaid payment to a medicaid provider to	42930
correct a previous, incorrect medicaid payment to that provider.	42931

(B) There is hereby created in the state treasury the health	42932
care services administration fund. Except as provided in division	42933
(C) of this section, all the following shall be deposited into the	42934
fund:	42935

(1) Amounts deposited into the fund pursuant to sections	42936
5111.92 and 5111.93 of the Revised Code;	42937

(2) The amount of the state share of all money the department	42938
of job and family services, in fiscal year 2003 and each fiscal	42939
year thereafter, recovers pursuant to a tort action under the	42940
department's right of recovery under section 5101.58 of the	42941
Revised Code that exceeds the state share of all money the	42942
department, in fiscal year 2002, recovers pursuant to a tort	42943
action under that right of recovery;	42944

(3) Subject to division (D) of this section, the amount of	42945
the state share of all money the department of job and family	42946
services, in fiscal year 2003 and each fiscal year thereafter,	42947
recovers through audits of medicaid providers that exceeds the	42948
state share of all money the department, in fiscal year 2002,	42949
recovers through such audits;	42950

(4) ~~Until October 16, 2003, amounts~~Amounts from assessments	42951
on hospitals under section 5112.06 of the Revised Code and	42952
intergovernmental transfers by governmental hospitals under	42953
section 5112.07 of the Revised Code that are deposited into the	42954
fund in accordance with the law.	42955

(C) No funds shall be deposited into the health care services	42956
administration fund in violation of federal statutes or	42957
regulations.	42958

(D) In determining under division (B)(3) of this section the	42959
amount of money the department, in a fiscal year, recovers through	42960
audits of medicaid providers, the amount recovered in the form of	42961
vendor offset shall be excluded.	42962

(E) The director of job and family services shall use funds	42963
available in the health care services administration fund to pay	42964
for costs associated with the administration of the medicaid	42965
program.	42966

Sec. 5111.95. (A) As used in this section:

42967

(1) "Applicant" means a person who is under final	42968
consideration for employment or, after the effective date of this	42969
section, an existing employee with a waiver agency in a full-time,	42970
part-time, or temporary position that involves providing home and	42971
community-based waiver services to a person with disabilities.	42972
"Applicant" also means an existing employee with a waiver agency	42973
in a full-time, part-time, or temporary position that involves	42974
providing home and community-based waiver services to a person	42975
with disabilities after the effective date of this section.	42976

(2) "Criminal records check" has the same meaning as in	42977
section 109.572 of the Revised Code.	42978

(3) "Waiver agency" means a person or government entity that	42979
is not certified under the medicare program and is accredited by	42980
the community health accreditation program or the joint commission	42981
on accreditation of health care organizations or a company that	42982
provides home and community-based waiver services to persons with	42983
disabilities through any department of job and family services	42984
administered home and community-based waiver services.	42985

(4) "Home and community-based waiver services" means services	42986
furnished under the provision of 42 C.F.R. 441, subpart G, that	42987
permit individuals to live in a home setting rather than a nursing	42988
facility or hospital. Home and community-based waiver services are	42989
approved by the county medical services section of the department	42990
of job and family services for specific populations and are not	42991
otherwise available under the medicaid state plan.	42992

(B)(1) The chief administrator of a waiver agency shall	42993
request that the superintendent of the bureau of criminal	42994
identification and investigation conduct a criminal records check	42995
with respect to each applicant. If an applicant for whom a	42996
criminal records check request is required under this division	42997
does not present proof of having been a resident of this state for	42998
the five-year period immediately prior to the date the criminal	42999
records check is requested or provide evidence that within that	43000
five-year period the superintendent has requested information	43001
about the applicant from the federal bureau of investigation in a	43002
criminal records check, the chief administrator shall request that	43003
the superintendent obtain information from the federal bureau of	43004
investigation as part of the criminal records check of the	43005
applicant. Even if an applicant for whom a criminal records check	43006
request is required under this division presents proof of having	43007
been a resident of this state for the five-year period, the chief	43008
administrator may request that the superintendent include	43009
information from the federal bureau of investigation in the	43010
criminal records check.	43011

(2) A person required by division (B)(1) of this section to	43012
request a criminal records check shall do both of the following:	43013

(a) Provide to each applicant for whom a criminal records	43014
check request is required under division (B)(1) of this section a	43015
copy of the form prescribed pursuant to division (C)(1) of section	43016
109.572 of the Revised Code and a standard fingerprint impression	43017
sheet prescribed pursuant to division (C)(2) of that section, and	43018
obtain the completed form and impression sheet from the applicant;	43019

(b) Forward the completed form and impression sheet to the	43020
superintendent of the bureau of criminal identification and	43021
investigation.	43022

(3) An applicant provided the form and fingerprint impression	43023
sheet under division (B)(2)(a) of this section who fails to	43024
complete the form or provide fingerprint impressions shall not be	43025
employed in any position in a waiver agency for which a criminal	43026
records check is required by this section.	43027

(C)(1) Except as provided in rules adopted by the department	43028
of job and family services in accordance with division (F) of this	43029
section and subject to division (C)(2) of this section, no waiver	43030
agency shall employ a person in a position that involves providing	43031
home and community-based waiver services to persons with	43032
disabilities if the person has been convicted of or pleaded guilty	43033
to any of the following:	43034

(a) A violation of section 2903.01, 2903.02, 2903.03,	43035
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	43036
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	43037
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	43038
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	43039
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	43040
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	43041
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	43042
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	43043
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	43044
Revised Code, felonious sexual penetration in violation of former	43045
section 2907.12 of the Revised Code, a violation of section	43046
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	43047
violation of section 2919.23 of the Revised Code that would have	43048
been a violation of section 2905.04 of the Revised Code as it	43049
existed prior to July 1, 1996, had the violation been committed	43050
prior to that date;	43051

(b) An existing or former law of this state, any other state,	43052
or the United States that is substantially equivalent to any of	43053
the offenses listed in division (C)(1)(a) of this section.	43054

(2)(a) A waiver agency may employ conditionally an applicant	43055
for whom a criminal records check request is required under	43056
division (B) of this section prior to obtaining the results of a	43057
criminal records check regarding the individual, provided that the	43058
agency shall request a criminal records check regarding the	43059
individual in accordance with division (B)(1) of this section not	43060
later than five business days after the individual begins	43061
conditional employment.	43062

(b) A waiver agency that employs an individual conditionally	43063
under authority of division (C)(2)(a) of this section shall	43064
terminate the individual's employment if the results of the	43065
criminal records check request under division (B) of this section,	43066
other than the results of any request for information from the	43067
federal bureau of investigation, are not obtained within the	43068
period ending sixty days after the date the request is made.	43069
Regardless of when the results of the criminal records check are	43070
obtained, if the results indicate that the individual has been	43071
convicted of or pleaded guilty to any of the offenses listed or	43072
described in division (C)(1) of this section, the agency shall	43073
terminate the individual's employment unless the agency chooses to	43074
employ the individual pursuant to division (F) of this section.	43075
Termination of employment under this division shall be considered	43076
just cause for discharge for purposes of division (D)(2) of	43077
section 4141.29 of the Revised Code if the individual makes any	43078
attempt to deceive the agency about the individual's criminal	43079
record.	43080

(D)(1) Each waiver agency shall pay to the bureau of criminal	43081
identification and investigation the fee prescribed pursuant to	43082
division (C)(3) of section 109.572 of the Revised Code for each	43083
criminal records check conducted pursuant to a request made under	43084
division (B) of this section.	43085

(2) A waiver agency may charge an applicant a fee not	43086
exceeding the amount the agency pays under division (D)(1) of this	43087
section. An agency may collect a fee only if the agency notifies	43088
the person at the time of initial application for employment of	43089
the amount of the fee and that, unless the fee is paid, the person	43090
will not be considered for employment.	43091

(E) The report of any criminal records check conducted	43092
pursuant to a request made under this section is not a public	43093
record for the purposes of section 149.43 of the Revised Code and	43094
shall not be made available to any person other than the	43095
following:	43096

(1) The individual who is the subject of the criminal records	43097
check or the individual's representative;	43098

(2) The chief administrator of the agency requesting the	43099
criminal records check or the administrator's representative;	43100

(3) A court, hearing officer, or other necessary individual	43101
involved in a case dealing with a denial of employment of the	43102
applicant or dealing with employment or unemployment benefits of	43103
the applicant.	43104

(F) The department shall adopt rules in accordance with	43105
Chapter 119. of the Revised Code to implement this section. The	43106
rules shall specify circumstances under which a waiver agency may	43107
employ a person who has been convicted of or pleaded guilty to an	43108
offense listed or described in division (C)(1) of this section but	43109
meets personal character standards set by the department.	43110

(G) The chief administrator of a waiver agency shall inform	43111
each person, at the time of initial application for a position	43112
that involves providing home and community-based waiver services	43113
to a person with a disability, that the person is required to	43114
provide a set of fingerprint impressions and that a criminal	43115
records check is required to be conducted if the person comes	43116
under final consideration for employment.	43117

(H)(1) A person who, on the effective date of this section,	43118
is an employee of a waiver agency in a full-time, part-time, or	43119
temporary position that involves providing home and	43120
community-based waiver services to a person with disabilities	43121
shall comply with this section within sixty days after the	43122
effective date of this section unless division (H)(2) of this	43123
section applies.	43124

(2) This section shall not apply to a person to whom both of	43125
the following apply:	43126

(a) On the effective date of this section, the person is an	43127
employee of a waiver agency in a full-time, part-time, or	43128
temporary position that involves providing home and	43129
community-based waiver services to a person with disabilities.	43130

(b) The person previously had been the subject of a criminal	43131
background check relating to that position;	43132

(c) The person has been continuously employed in that	43133
position since that criminal background check had been conducted.	43134

Sec. 5111.96. (A) As used in this section:

43135

(1) "Anniversary date" means the later of the effective date	43136
of the provider agreement relating to the independent provider or	43137
sixty days after the effective date of this section.	43138

(2) "Criminal records check" has the same meaning as in	43139
section 109.572 of the Revised Code.	43140

(3) "The department" means the department of job and family	43141
services or its designee.	43142

(4) "Independent provider" means a person who is submitting	43143
an application for a provider agreement or who has a provider	43144
agreement as an independent provider in a department of job and	43145
family services administered home and community-based services	43146
program providing home and community-based waiver services to	43147
consumers with disabilities.	43148

(5) "Home and community-based waiver services" has the same	43149
meaning as in section 5111.95 of the Revised Code.	43150

(B)(1) The department shall inform each independent provider,	43151
at the time of initial application for a provider agreement that	43152
involves providing home and community-based waiver services to	43153
consumers with disabilities, that the independent provider is	43154
required to provide a set of fingerprint impressions and that a	43155
criminal records check is required to be conducted if the person	43156
is to become an independent provider in a department administered	43157
home and community-based services program.	43158

(2) Beginning on the effective date of this section, the	43159
department shall inform each enrolled medicaid independent	43160
provider on or before time of the anniversary date of the provider	43161
agreement that involves providing home and community-based waiver	43162
services to consumers with disabilities that the independent	43163
provider is required to provide a set of fingerprint impressions	43164
and that a criminal records check is required to be conducted.	43165

(C)(1) The department shall require the independent provider	43166
to complete a criminal records check prior to entering into a	43167
provider agreement with the independent provider and at least	43168
annually thereafter. If an independent provider for whom a	43169
criminal records check is required under this division does not	43170
present proof of having been a resident of this state for the	43171
five-year period immediately prior to the date the criminal	43172
records check is requested or provide evidence that within that	43173
five-year period the superintendent has requested information	43174
about the applicant from the federal bureau of investigation in a	43175
criminal records check, the department shall request the	43176
independent provider obtain through the superintendent a criminal	43177
records request from the federal bureau of investigation as part	43178
of the criminal records check of the independent provider. Even if	43179
an independent provider for whom a criminal records check request	43180
is required under this division presents proof of having been a	43181
resident of this state for the five-year period, the department	43182
may request that the independent provider obtain information	43183
through the superintendent from the federal bureau of	43184
investigation in the criminal records check.	43185

(2) The department shall do both of the following:

43186

(a) Provide information to each independent provider for whom	43187
a criminal records check request is required under division (C)(1)	43188
of this section about requesting a copy of the form prescribed	43189
pursuant to division (C)(1) of section 109.572 of the Revised Code	43190
and a standard fingerprint impression sheet prescribed pursuant to	43191
division (C)(2) of that section, and obtain the completed form and	43192
impression sheet and fee from the independent provider;	43193

(b) Forward the completed form, impression sheet, and fee to	43194
the superintendent of the bureau of criminal identification and	43195
investigation.	43196

(3) An independent provider given information about obtaining	43197
the form and fingerprint impression sheet under division (C)(2)(a)	43198
of this section who fails to complete the form or provide	43199
fingerprint impressions shall not be approved as an independent	43200
provider.	43201

(D) Except as provided in rules adopted by the department in	43202
accordance with division (G) of this section, the department shall	43203
not issue a new provider agreement to, and shall terminate an	43204
existing provider agreement of, an independent provider if the	43205
person has been convicted of or pleaded guilty to any of the	43206
following:	43207

(1) A violation of section 2903.01, 2903.02, 2903.03,	43208
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	43209
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	43210
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	43211
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	43212
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2911.13,	43213
2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, 2913.40,	43214
2913.43, 2913.47, 2913.51, 2919.12, 2919.24, 2919.25, 2921.36,	43215
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	43216
2925.06, 2925.11, 2925.13, 2925.22, 2925.23, or 3716.11 of the	43217
Revised Code, felonious sexual penetration in violation of former	43218
section 2907.12 of the Revised Code, a violation of section	43219
2905.04 of the Revised Code as it existed prior to July 1, 1996, a	43220
violation of section 2919.23 of the Revised Code that would have	43221
been a violation of section 2905.04 of the Revised Code as it	43222
existed prior to July 1, 1996, had the violation been committed	43223
prior to that date;	43224

(2) An existing or former law of this state, any other state,	43225
or the United States that is substantially equivalent to any of	43226
the offenses listed in division (D)(1) of this section.	43227

(E) Each independent provider shall pay to the bureau of	43228
criminal identification and investigation the fee prescribed	43229
pursuant to division (C)(3) of section 109.572 of the Revised Code	43230
for each criminal records check conducted pursuant to a request	43231
made under division (C) of this section.	43232

(F) The report of any criminal records check conducted by the	43233
bureau of criminal identification and investigation in accordance	43234
with section 109.572 of the Revised Code and pursuant to a request	43235
made under division (C) of this section is not a public record for	43236
the purposes of section 149.43 of the Revised Code and shall not	43237
be made available to any person other than the following:	43238

(1) The person who is the subject of the criminal records	43239
check or the person's representative;	43240

(2) The administrator at the department who is requesting the	43241
criminal records check or the administrator's representative;	43242

(3) Any court, hearing officer, or other necessary individual	43243
involved in a case dealing with a denial or termination of a	43244
provider agreement related to the criminal records check.	43245

(G) The department shall adopt rules in accordance with	43246
Chapter 119. of the Revised Code to implement this section. The	43247
rules shall specify circumstances under which the department may	43248
issue a provider agreement to an independent provider who has been	43249
convicted of or pleaded guilty to an offense listed or described	43250
in division (C)(1) of this section but meets personal character	43251
standards set by the department.	43252

Sec. 5111.97. (A) The director of job and family services may	43253
submit a request to the United States secretary of health and	43254
human services pursuant to section 1915 of the "Social Security	43255
Act," 79 Stat. 286 (1965), 42 U.S.C. 1396n, as amended, to obtain	43256
waivers of federal medicaid requirements that would otherwise be	43257
violated in the creation and implementation of two medicaid home	43258
and community-based services programs to replace the Ohio home	43259
care program being operated pursuant to rules adopted under	43260
sections 5111.01 and 5111.02 of the Revised Code and a medicaid	43261
waiver granted prior to the effective date of this section. In the	43262
request, the director may specify the following:	43263

(1) That one of the replacement programs will provide home	43264
and community-based services to individuals in need of nursing	43265
facility care, including individuals enrolled in the Ohio home	43266
care program;	43267

(2) That the other replacement program will provide services	43268
to individuals in need of hospital care, including individuals	43269
enrolled in the Ohio home care program;	43270

(3) That there will be a maximum number of individuals who	43271
may be enrolled in the replacement programs in addition to the	43272
number of individuals to be transferred from the Ohio home care	43273
program;	43274

(4) That there will be a maximum amount the department may	43275
expend each year for each individual enrolled in the replacement	43276
programs;	43277

(5) That there will be a maximum aggregate amount the	43278
department may expend each year for all individuals enrolled in	43279
the replacement programs;	43280

(6) Any other requirement the director selects for the	43281
replacement programs.	43282

(B) If the secretary grants the medicaid waivers requested,	43283
the director may create and implement the replacement programs in	43284
accordance with the provisions of the waivers granted. The	43285
department of job and family services shall administer the	43286
replacement programs.	43287

As the replacement programs are implemented, the director	43288
shall reduce the maximum number of individuals who may be enrolled	43289
in the Ohio home care program by the number of individuals who are	43290
transferred to the replacement programs. When all individuals who	43291
are eligible to be transferred to the replacement programs have	43292
been transferred, the director may submit to the secretary an	43293
amendment to the state medicaid plan to provide for the	43294
elimination of the Ohio home care program.	43295

Sec. 5111.98. (A) As used in sections 5111.98 to 5111.982 of	43296
the Revised Code:	43297

(1) "Personal care services," "residential care facility,"	43298
and "skilled nursing care" have the same meanings as in section	43299
3721.01 of the Revised Code.	43300

(2) "Nursing facility" has the same meaning as in section	43301
5111.20 of the Revised Code.	43302

(B) The director of job and family services may apply to the	43303
United States secretary of health and human services for a waiver	43304
pursuant to section 1915 of the "Social Security Act," 49 Stat.	43305
620 (1935), 42 U.S.C. 1396n, as amended, to provide personal care	43306
services to individuals in residential care facilities.	43307

Sec. 5111.981. If a waiver submitted under section 5111.98 of	43308
the Revised Code is approved, the department of job and family	43309
services may establish the personal care services program. The	43310
department may enter into an interagency agreement with the	43311
department of aging under section 5111.91 of the Revised Code for	43312
administration of the personal care services program by the	43313
department of aging.	43314

Under the program, personal care services may be provided to	43315
any medicaid recipient who qualifies for skilled nursing care and	43316
is one of the following:	43317

(A) A resident of a nursing facility who desires to move to a	43318
residential care facility;	43319

(B) A participant in the PASSPORT program created under	43320
section 173.40 of the Revised Code who seeks to enter a nursing	43321
facility;	43322

(C) A resident of a residential care facility who seeks to	43323
enter a nursing facility.	43324

Sec. 5111.982. If the personal care services program is	43325
established under section 5111.981 of the Revised Code, the	43326
department of job and family services shall adopt rules governing	43327
the program. If the department, pursuant to section 5111.981 of	43328
the Revised Code, enters into an interagency agreement with the	43329
department of aging under section 5111.91 of the Revised Code, the	43330
department shall consult with the department of aging before	43331
adopting the rules.	43332

Sec. 5112.03. (A) The director of job and family services	43333
shall adopt, and may amend and rescind, rules in accordance with	43334
Chapter 119. of the Revised Code for the purpose of administering	43335
sections 5112.01 to 5112.21 of the Revised Code, including rules	43336
that do all of the following:	43337

(1) Define as a "disproportionate share hospital" any	43338
hospital included under subsection (b) of section 1923 of the	43339
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.	43340
1396r-4(b), as amended, and any other hospital the director	43341
determines appropriate;	43342

(2) Prescribe the form for submission of cost reports under	43343
section 5112.04 of the Revised Code;	43344

(3) Establish, in accordance with division (A) of section	43345
5112.06 of the Revised Code, the assessment rate or rates to be	43346
applied to hospitals under that section;	43347

(4) Establish schedules for hospitals to pay installments on	43348
their assessments under section 5112.06 of the Revised Code and	43349
for governmental hospitals to pay installments on their	43350
intergovernmental transfers under section 5112.07 of the Revised	43351
Code;	43352

(5) Establish procedures to notify hospitals of adjustments	43353
made under division (B)(2)(b) of section 5112.06 of the Revised	43354
Code in the amount of installments on their assessment;	43355

(6) Establish procedures to notify hospitals of adjustments	43356
made under division (D) of section 5112.09 of the Revised Code in	43357
the total amount of their assessment and to adjust for the	43358
remainder of the program year the amount of the installments on	43359
the assessments;	43360

(7) Establish, in accordance with section 5112.08 of the	43361
Revised Code, the methodology for paying hospitals under that	43362
section.	43363

The director shall consult with hospitals when adopting the	43364
rules required by divisions (A)(4) and (5) of this section in	43365
order to minimize hospitals' cash flow difficulties.	43366

(B) Rules adopted under this section may provide that "total	43367
facility costs" excludes costs associated with any of the	43368
following:	43369

(1) Recipients of the medical assistance program;

43370

(2) Recipients of financial assistance provided under Chapter	43371
5115. of the Revised Code;	43372

(3) Recipients of ~~disability assistance~~ medical assistance	43373
provided under Chapter 5115. of the Revised Code;	43374

~~(3)~~(4) Recipients of the program for medically handicapped	43375
children established under section 3701.023 of the Revised Code;	43376

~~(4)~~(5) Recipients of the medicare program established under	43377
Title XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42	43378
U.S.C.A. 301, as amended:	43379

~~(5)~~(6) Recipients of Title V of the "Social Security Act";

43380

~~(6)~~(7) Any other category of costs deemed appropriate by the	43381
director in accordance with Title XIX of the "Social Security Act"	43382
and the rules adopted under that title.	43383

Sec. 5112.08. The director of job and family services shall	43384
adopt rules under section 5112.03 of the Revised Code establishing	43385
a methodology to pay hospitals that is sufficient to expend all	43386
money in the indigent care pool. Under the rules:	43387

(A) The department of job and family services may classify	43388
similar hospitals into groups and allocate funds for distribution	43389
within each group.	43390

(B) The department shall establish a method of allocating	43391
funds to hospitals, taking into consideration the relative amount	43392
of indigent care provided by each hospital or group of hospitals.	43393
The amount to be allocated shall be based on any combination of	43394
the following indicators of indigent care that the director	43395
considers appropriate:	43396

(1) Total costs, volume, or proportion of services to	43397
recipients of the medical assistance program, including recipients	43398
enrolled in health insuring corporations;	43399

(2) Total costs, volume, or proportion of services to	43400
low-income patients in addition to recipients of the medical	43401
assistance program, which may include recipients of Title V of the	43402
"Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as	43403
amended, and ~~disability~~recipients of financial or medical	43404
assistance ~~established~~provided under Chapter 5115. of the Revised	43405
Code;	43406

(3) The amount of uncompensated care provided by the hospital	43407
or group of hospitals;	43408

(4) Other factors that the director considers to be	43409
appropriate indicators of indigent care.	43410

(C) The department shall distribute funds to each hospital or	43411
group of hospitals in a manner that first may provide for an	43412
additional distribution to individual hospitals that provide a	43413
high proportion of indigent care in relation to the total care	43414
provided by the hospital or in relation to other hospitals. The	43415
department shall establish a formula to distribute the remainder	43416
of the funds. The formula shall be consistent with section 1923 of	43417
the "Social Security Act," 42 U.S.C.A. 1396r-4, as amended, shall	43418
be based on any combination of the indicators of indigent care	43419
listed in division (B) of this section that the director considers	43420
appropriate.	43421

(D) The department shall distribute funds to each hospital in	43422
installments not later than ten working days after the deadline	43423
established in rules for each hospital to pay an installment on	43424
its assessment under section 5112.06 of the Revised Code. In the	43425
case of a governmental hospital that makes intergovernmental	43426
transfers, the department shall pay an installment under this	43427
section not later than ten working days after the earlier of that	43428
deadline or the deadline established in rules for the governmental	43429
hospital to pay an installment on its intergovernmental transfer.	43430
If the amount in the hospital care assurance program fund and the	43431
hospital care assurance match fund created under section 5112.18	43432
of the Revised Code is insufficient to make the total	43433
distributions for which hospitals are eligible to receive in any	43434
period, the department shall reduce the amount of each	43435
distribution by the percentage by which the amount is	43436
insufficient. The department shall distribute to hospitals any	43437
amounts not distributed in the period in which they are due as	43438
soon as moneys are available in the funds.	43439

Sec. 5112.17. (A) As used in this section:

43440

(1) "Federal poverty guideline" means the official poverty	43441
guideline as revised annually by the United States secretary of	43442
health and human services in accordance with section 673 of the	43443
"Community Service Block Grant Act," 95 Stat. 511 (1981), 42	43444
U.S.C.A. 9902, as amended, for a family size equal to the size of	43445
the family of the person whose income is being determined.	43446

(2) "Third-party payer" means any private or public entity or	43447
program that may be liable by law or contract to make payment to	43448
or on behalf of an individual for health care services.	43449
"Third-party payer" does not include a hospital.	43450

(B) Each hospital that receives funds distributed under	43451
sections 5112.01 to 5112.21 of the Revised Code shall provide,	43452
without charge to the individual, basic, medically necessary	43453
hospital-level services to individuals who are residents of this	43454
state, are not recipients of the medical assistance program, and	43455
whose income is at or below the federal poverty guideline.	43456
Recipients of disability financial assistance and recipients of	43457
disability medical assistance provided under Chapter 5115. of the	43458
Revised Code qualify for services under this section. The director	43459
of job and family services shall adopt rules under section 5112.03	43460
of the Revised Code specifying the hospital services to be	43461
provided under this section.	43462

(C) Nothing in this section shall be construed to prevent a	43463
hospital from requiring an individual to apply for eligibility	43464
under the medical assistance program before the hospital processes	43465
an application under this section. Hospitals may bill any	43466
third-party payer for services rendered under this section.	43467
Hospitals may bill the medical assistance program, in accordance	43468
with Chapter 5111. of the Revised Code and the rules adopted under	43469
that chapter, for services rendered under this section if the	43470
individual becomes a recipient of the program. Hospitals may bill	43471
individuals for services under this section if all of the	43472
following apply:	43473

(1) The hospital has an established post-billing procedure	43474
for determining the individual's income and canceling the charges	43475
if the individual is found to qualify for services under this	43476
section.	43477

(2) The initial bill, and at least the first follow-up bill,	43478
is accompanied by a written statement that does all of the	43479
following:	43480

(a) Explains that individuals with income at or below the	43481
federal poverty guideline are eligible for services without	43482
charge;	43483

(b) Specifies the federal poverty guideline for individuals	43484
and families of various sizes at the time the bill is sent;	43485

(c) Describes the procedure required by division (C)(1) of	43486
this section.	43487

(3) The hospital complies with any additional rules the	43488
department adopts under section 5112.03 of the Revised Code.	43489

Notwithstanding division (B) of this section, a hospital	43490
providing care to an individual under this section is subrogated	43491
to the rights of any individual to receive compensation or	43492
benefits from any person or governmental entity for the hospital	43493
goods and services rendered.	43494

(D) Each hospital shall collect and report to the department,	43495
in the form and manner prescribed by the department, information	43496
on the number and identity of patients served pursuant to this	43497
section.	43498

(E) This section applies beginning May 22, 1992, regardless	43499
of whether the department has adopted rules specifying the	43500
services to be provided. Nothing in this section alters the scope	43501
or limits the obligation of any governmental entity or program,	43502
including the program awarding reparations to victims of crime	43503
under sections 2743.51 to 2743.72 of the Revised Code and the	43504
program for medically handicapped children established under	43505
section 3701.023 of the Revised Code, to pay for hospital services	43506
in accordance with state or local law.	43507

Sec. 5112.31. The department of job and family services	43508
shall:	43509

(A) For the purpose of providing home and community-based	43510
services for mentally retarded and developmentally disabled	43511
persons, annually assess each intermediate care facility for the	43512
mentally retarded a franchise permit fee equal to nine dollars and	43513
~~twenty-four~~sixty-three cents multiplied by the product of the	43514
following:	43515

(1) The number of beds certified under Title XIX of the	43516
"Social Security Act" on the first day of May of the calendar year	43517
in which the assessment is determined pursuant to division (A) of	43518
section 5112.33 of the Revised Code;	43519

(2) The number of days in the fiscal year beginning on the	43520
first day of July of the same calendar year.	43521

(B) ~~Not later than~~Beginning July 1, ~~1996~~2005, and the first	43522
day of each July thereafter, adjust fees determined under division	43523
(A) of this section in accordance with the composite inflation	43524
factor established in rules adopted under section 5112.39 of the	43525
Revised Code.	43526

If the United States secretary of health and human services	43527
determines that the franchise permit fee established by sections	43528
5112.30 to 5112.39 of the Revised Code would be an impermissible	43529
health care-related tax under section 1903(w) of the "Social	43530
Security Act," 42 U.S.C.A. 1396b(w), as amended, the department	43531
shall take all necessary actions to cease implementation of those	43532
sections in accordance with rules adopted under section 5112.39 of	43533
the Revised Code.	43534

Sec. 5112.99. (A) The director of job and family services	43535
shall impose a penalty ~~of one hundred dollars~~ for each day that a	43536
hospital fails to report the information required under section	43537
5112.04 of the Revised Code on or before the dates specified in	43538
that section. The amount of the penalty shall be established by	43539
the director in rules adopted under section 5112.03 of the Revised	43540
Code.	43541

(B) In addition to any other remedy available to the	43542
department of job and family services under law to collect unpaid	43543
assessments and transfers, the director shall impose a penalty of	43544
ten per cent of the amount due~~, not to exceed twenty thousand~~	43545
~~dollars,~~ on any hospital that fails to pay assessments or make	43546
intergovernmental transfers by the dates required by rules adopted	43547
under section 5112.03 of the Revised Code.	43548

(C) The director shall waive the penalties provided for in	43549
divisions (A) and (B) of this section for good cause shown by the	43550
hospital.	43551

(D) All penalties imposed under this section shall be	43552
deposited into the ~~general revenue~~health care administration fund	43553
created by section 5111.94 of the Revised Code.	43554

Sec. 5115.01. (A) ~~There is hereby established~~The director	43555
of job and family services shall establish the disability	43556
financial assistance program. ~~Except as provided in division (D)~~	43557
~~of this section, a disability assistance recipient shall receive~~	43558
~~financial assistance. Except as provided in section 5115.11 of the~~	43559
~~Revised Code, a disability assistance recipient also shall receive~~	43560
~~disability assistance medical assistance.~~	43561

~~Except as provided by division (B) of this section, a person~~	43562
~~who meets all of the following requirements is~~(B) Subject to all	43563
other eligibility requirements established by this chapter and the	43564
rules adopted under it for the disability financial assistance	43565
program, a person may be eligible for disability financial	43566
assistance only if one of the following applies:	43567

(1) The person is ~~ineligible to participate in the Ohio works~~	43568
~~first program established under Chapter 5107. of the Revised Code~~	43569
~~and to receive supplemental security income provided pursuant to~~	43570
~~Title XVI of the Social Security Act, 86 Stat. 1475 (1972), 42~~	43571
~~U.S.C.A. 1383, as amended;~~	43572

~~(2) The person is at least one of the following:~~

43573

~~(a) Under age eighteen;~~

43574

~~(b) Age sixty or older;~~

43575

~~(c) Pregnant;~~

43576

~~(d) Unable~~unable to do any substantial or gainful activity	43577
by reason of a medically determinable physical or mental	43578
impairment that can be expected to result in death or has lasted	43579
or can be expected to last for not less than nine months;	43580

~~(e) A resident of a residential treatment center certified as~~	43581
~~an alcohol or drug addiction program by the department of alcohol~~	43582
~~and drug addiction services under section 3793.06 of the Revised~~	43583
~~Code.~~	43584

~~(f) Medication dependent as determined by a physician, as~~	43585
~~defined in section 4730.01 of the Revised Code, who has certified~~	43586
~~to the county department of job and family services that the~~	43587
~~person is receiving ongoing treatment for a chronic medical~~	43588
~~condition requiring continuous prescription medication for an~~	43589
~~indefinite, long-term period of time and for whom the loss of the~~	43590
~~medication would result in a significant risk of medical emergency~~	43591
~~and loss of employability lasting at least nine months.~~	43592

~~(3) The~~(2) On the day before the effective date of this	43593
amendment, the person ~~meets the eligibility requirements~~	43594
~~established in rules adopted under section 5115.05 of the Revised~~	43595
~~Code~~was sixty years of age or older and one of the following is	43596
the case:	43597

(a) The person was receiving or was scheduled to begin	43598
receiving financial assistance under this chapter on the basis of	43599
being sixty years of age or older;	43600

(b) An eligibility determination was pending regarding the	43601
person's application to receive financial assistance under this	43602
chapter on the basis of being sixty years of age or older and, on	43603
or after the effective date of this amendment, the person receives	43604
a determination of eligibility based on that application.	43605

~~(B)(1) A person is ineligible for disability assistance if~~	43606
~~the person is ineligible to participate in the Ohio works first~~	43607
~~program because of any of the following:~~	43608

~~(a) Section 5101.83, 5107.14, or 5107.16 of the Revised Code;~~

43609

~~(b) The time limit established by section 5107.18 of the~~	43610
~~Revised Code;~~	43611

~~(c) Failure to comply with an application or verification~~	43612
~~procedure;~~	43613

~~(d) The fraud control program established pursuant to 45~~	43614
~~C.F.R. 235.112, as in effect July 1, 1996.~~	43615

~~(2) A person under age eighteen is ineligible for disability~~	43616
~~assistance pursuant to division (B)(1)(a) of this section only if~~	43617
~~the person caused the assistance group to be ineligible to~~	43618
~~participate in the Ohio works first program or resides with a~~	43619
~~person age eighteen or older who was a member of the same~~	43620
~~ineligible assistance group. A person age eighteen or older is~~	43621
~~ineligible for disability assistance pursuant to division~~	43622
~~(B)(1)(a) of this section regardless of whether the person caused~~	43623
~~the assistance group to be ineligible to participate in the Ohio~~	43624
~~works first program.~~	43625

~~(C) The county department of job and family services that~~	43626
~~serves the county in which a person receiving disability~~	43627
~~assistance pursuant to division (A)(2)(e) of this section~~	43628
~~participates in an alcohol or drug addiction program shall~~	43629
~~designate a representative payee for purposes of receiving and~~	43630
~~distributing financial assistance provided under the disability~~	43631
~~assistance program to the person.~~	43632

~~(D) A person eligible for disability assistance pursuant to~~	43633
~~division (A)(2)(f) of this section shall not receive financial~~	43634
~~assistance.~~	43635

~~(E) The director of job and family services shall adopt rules~~	43636
~~in accordance with section 111.15 of the Revised Code defining~~	43637
~~terms and establishing standards for determining whether a person~~	43638
~~meets a condition of disability assistance eligibility pursuant to~~	43639
~~this section.~~	43640

~~Sec. 5115.04.~~ Sec. 5115.02. (A) An individual is not eligible for	43641
disability financial assistance under this chapter if ~~either~~any	43642
of the following apply:	43643

~~(A)~~(1) The individual is eligible to participate in the Ohio	43644
works first program established under Chapter 5107. of the Revised	43645
Code; eligible to receive supplemental security income provided	43646
pursuant to Title XVI of the "Social Security Act," 86 Stat. 1475	43647
(1972), 42 U.S.C. 1383, as amended; or eligible to participate in	43648
or receive assistance through another state or federal program	43649
that provides financial assistance similar to disability financial	43650
assistance, as determined by the director of job and family	43651
services;	43652

(2) The individual is ineligible to participate in the Ohio	43653
works first program because of any of the following:	43654

(a) The time limit established by section 5107.18 of the	43655
Revised Code;	43656

(b) Failure to comply with an application or verification	43657
procedure;	43658

(c) The fraud control provisions of section 5101.83 of the	43659
Revised Code or the fraud control program established pursuant to	43660
45 C.F.R. 235.112, as in effect July 1, 1996;	43661

(d) The self-sufficiency contract provisions of sections	43662
5107.14 and 5107.16 of the Revised Code;	43663

(e) The minor parent provisions of section 5107.24 of the	43664
Revised Code;	43665

(f) The provisions of section 5107.26 of the Revised Code	43666
regarding termination of employment without just cause.	43667

(5) The individual, or any of the other individuals included	43668
in determining the individual's eligibility, is involved in a	43669
strike, as defined in section 5107.10 of the Revised Code;	43670

(6) For the purpose of avoiding consideration of property in	43671
determinations of the individual's eligibility for disability	43672
financial assistance or a greater amount of assistance, the	43673
individual has transferred property during the two years preceding	43674
application for or most recent redetermination of eligibility for	43675
disability assistance;	43676

(7) The individual is a child and does not live with the	43677
child's parents, guardians, or other persons standing in place of	43678
parents, unless the child is emancipated by being married, by	43679
serving in the armed forces, or by court order;	43680

(8) The individual reside in a county home, city infirmary,	43681
jail, or public institution;	43682

(9) The individual is a fugitive felon as defined in section	43683
5101.26 of the Revised Code;	43684

~~(B)~~(10) The individual is violating a condition of probation,	43685
a community control sanction, parole, or a post-release control	43686
sanction imposed under federal or state law.	43687

(B)(1) As used in division (B)(2) of this section,	43688
"assistance group" has the same meaning as in section 5107.02 of	43689
the Revised Code.	43690

(2) Ineligibility under division (A)(2)(c) or (d) of this	43691
section applies as follows:	43692

(a) In the case of an individual who is under eighteen years	43693
of age, the individual is ineligible only if the individual caused	43694
the assistance group to be ineligible to participate in the Ohio	43695
works first program or resides with an individual eighteen years	43696
of age or older who was a member of the same ineligible assistance	43697
group.	43698

(b) In the case of an individual who is eighteen years of age	43699
or older, the individual is ineligible regardless of whether the	43700
individual caused the assistance group to be ineligible to	43701
participate in the Ohio works first program.	43702

Sec. 5115.03. (A) The director of job and family services	43703
shall ~~do both of the following:~~	43704

~~(A) Adopt~~adopt rules in accordance with section 111.15 of	43705
the Revised Code governing the ~~administration of~~ disability	43706
~~assistance, including the administration of~~ financial assistance	43707
~~and disability assistance medical assistance~~program. The rules	43708
~~shall be binding on county departments of job and family services.~~	43709

~~(B) Make investigations to determine whether disability~~	43710
~~assistance is being administered in compliance with the Revised~~	43711
~~Code and rules adopted by the director.~~may establish or specify	43712
any or all of the following:	43713

(1) Maximum payment amounts under the disability financial	43714
assistance program, based on state appropriations for the program;	43715

(2) Limits on the length of time an individual may receive	43716
disability financial assistance;	43717

(3) Limits on the total number of individuals in the state	43718
who may receive disability financial assistance;	43719

(4) Income, resource, citizenship, age, residence, living	43720
arrangement, and other eligibility requirements for disability	43721
financial assistance;	43722

(5) Procedures for disregarding amounts of earned and	43723
unearned income for the purpose of determining eligibility for	43724
disability financial assistance and the amount of assistance to be	43725
provided;	43726

(6) Procedures for including the income and resources, or a	43727
certain amount of the income and resources, of a member of an	43728
individual's family when determining eligibility for disability	43729
financial assistance and the amount of assistance to be provided.	43730

(B) In establishing or specifying eligibility requirements	43731
for disability financial assistance, the director shall exclude	43732
the value of any tuition payment contract entered into under	43733
section 3334.09 of the Revised Code or any scholarship awarded	43734
under section 3334.18 of the Revised Code and the amount of	43735
payments made by the Ohio tuition trust authority under section	43736
3334.09 of the Revised Code pursuant to the contract or	43737
scholarship. The director shall not require any individual to	43738
terminate a tuition payment contract entered into under Chapter	43739
3334. of the Revised Code as a condition of eligibility for	43740
disability financial assistance. The director shall consider as	43741
income any refund paid under section 3334.10 of the Revised Code.	43742

(C) Notwithstanding section 3109.01 of the Revised Code, when	43743
a disability financial assistance applicant or recipient who is at	43744
least eighteen but under twenty-two years of age resides with the	43745
applicant's or recipient's parents, the income of the parents	43746
shall be taken into account in determining the applicant's or	43747
recipient's financial eligibility. In the rules adopted under this	43748
section, the director shall specify procedures for determining the	43749
amount of income to be attributed to applicants and recipients in	43750
this age category.	43751

(D) For purposes of limiting the cost of the disability	43752
financial assistance program, the director may do either or both	43753
of the following:	43754

(1) Adopt rules in accordance with section 111.15 of the	43755
Revised Code that revise the program's eligibility requirements,	43756
the maximum payment amounts, or any other requirement or standard	43757
established or specified in the rules adopted by the director;	43758

(2) Suspend acceptance of applications for disability	43759
financial assistance. While a suspension is in effect, no person	43760
shall receive a determination or redetermination of eligibility	43761
for disability financial assistance unless the person was	43762
receiving the assistance during the month immediately preceding	43763
the suspension's effective date or the person submitted an	43764
application prior to the suspension's effective date and receives	43765
a determination of eligibility based on that application. The	43766
director may adopt rules in accordance with section 111.15 of the	43767
Revised Code establishing requirements and specifying procedures	43768
applicable to the suspension of acceptance of new applications.	43769

~~Sec. 5115.02.~~ Sec. 5115.04. (A) The department of job and family	43770
services shall supervise and administer the disability financial	43771
assistance program, except that the department may require county	43772
departments of job and family services to perform any	43773
administrative function specified in rules adopted by the director	43774
of job and family services~~, including making determinations of~~	43775
~~financial eligibility and initial determinations of whether an~~	43776
~~applicant meets a condition of eligibility under division~~	43777
~~(A)(2)(d) of section 5115.01 of the Revised Code, distributing~~	43778
~~financial assistance payments, reimbursing providers of medical~~	43779
~~services for services provided to disability assistance~~	43780
~~recipients, and any other function specified in the rules. The~~	43781
~~department may also require county departments to make a final~~	43782
~~determination of whether an applicant meets a condition for~~	43783
~~eligibility under division (A)(2)(a), (b), (c), (e), or (f) of~~	43784
~~section 5115.01 of the Revised Code. The department shall make the~~	43785
~~final determination of whether an applicant meets a condition of~~	43786
~~eligibility under division (A)(2)(d) of section 5115.01 of the~~	43787
~~Revised Code~~.	43788

(B) If the department requires county departments to perform	43789
administrative functions under this section, the director shall	43790
adopt rules in accordance with section 111.15 of the Revised Code	43791
governing the performance of the functions to be performed by	43792
county departments. County departments shall perform the functions	43793
in accordance with the rules. The director shall conduct	43794
investigations to determine whether disability financial	43795
assistance is being administered in compliance with the Revised	43796
Code and rules adopted by the director.	43797

(C) If disability financial assistance payments ~~or medical~~	43798
~~services reimbursements~~ are made by the county department of job	43799
and family services, the department shall advance sufficient funds	43800
to provide the county treasurer with the amount estimated for the	43801
payments ~~or reimbursements~~. Financial assistance payments shall be	43802
distributed in accordance with sections 117.45, 319.16, and 329.03	43803
of the Revised Code.	43804

Sec. 5115.05. (A) The director of job and family services	43805
shall adopt rules in accordance with section 111.15 of the Revised	43806
Code establishing application and verification procedures,	43807
reapplication procedures, and ~~income, resource, citizenship, age,~~	43808
~~residence, living arrangement, assistance group composition, and~~	43809
other ~~eligibility~~ requirements the director considers necessary in	43810
the administration of the application process for disability	43811
financial assistance. The rules may ~~provide for disregarding~~	43812
~~amounts of earned and unearned income for the purpose of~~	43813
~~determining whether an assistance group is eligible for assistance~~	43814
~~and the amount of assistance provided under this chapter. The~~	43815
~~rules also may provide that the income and resources, or a certain~~	43816
~~amount of the income and resources, of a member of an assistance~~	43817
~~group's family group will be included in determining whether the~~	43818
~~assistance group is eligible for aid and the amount of aid~~	43819
~~provided under this chapter.~~	43820

~~If financial assistance under this chapter is to be paid by~~	43821
~~the auditor of state through the medium of direct deposit, the~~	43822
~~application shall be accompanied by information the auditor needs~~	43823
~~to make direct deposits.~~	43824

~~The department of job and family services may~~ require	43825
recipients of disability financial assistance to participate in a	43826
reapplication process two months after initial approval for	43827
assistance has been determined and at such other times as	43828
specified in the ~~department requires~~rules.	43829

~~If a recipient of disability assistance, or the spouse of or~~	43830
~~member of the assistance group of a recipient, becomes possessed~~	43831
~~of resources or income in excess of the amount allowed under rules~~	43832
~~adopted under this section, or if other changes occur that affect~~	43833
~~the person's eligibility or need for assistance, the recipient~~	43834
~~shall notify the department or county department of job and family~~	43835
~~services within the time limits specified in the rules. Failure of~~	43836
~~a recipient to report possession of excess resources or income or~~	43837
~~a change affecting eligibility or need within those time limits~~	43838
~~shall be considered prima-facie evidence of intent to defraud~~	43839
~~under section 5115.15 of the Revised Code.~~	43840

~~Each applicant for or recipient of disability assistance~~	43841
~~shall make reasonable efforts to secure support from persons~~	43842
~~responsible for the applicant's or recipient's support, and from~~	43843
~~other sources, as a means of preventing or reducing the provision~~	43844
~~of disability assistance at public expense. The department or~~	43845
~~county department may provide assistance to the applicant or~~	43846
~~recipient in securing other forms of financial or medical~~	43847
~~assistance.~~	43848

~~Notwithstanding section 3109.01 of the Revised Code, when a~~	43849
~~disability assistance applicant or recipient who is at least~~	43850
~~eighteen but under twenty-two years of age resides with the~~	43851
~~applicant's or recipient's parents, the income of the parents~~	43852
~~shall be taken into account in determining the applicant's or~~	43853
~~recipient's financial eligibility. The director shall adopt rules~~	43854
~~for determining the amount of income to be attributed to the~~	43855
~~assistance group of applicants in this age category.~~	43856

(B) Any person who applies for disability financial	43857
assistance ~~under this section~~ shall receive a voter registration	43858
application under section 3503.10 of the Revised Code.	43859

~~Sec. 5115.07.~~ Sec. 5115.06. ~~Financial assistance~~Assistance under	43860
the disability financial assistance program may be given by	43861
warrant, direct deposit, or, if provided by the director of job	43862
and family services pursuant to section 5101.33 of the Revised	43863
Code, by electronic benefit transfer. It shall be inalienable	43864
whether by way of assignment, charge, or otherwise, and is exempt	43865
from attachment, garnishment, or other like process. ~~Any~~	43866

Any direct deposit shall be made to a financial institution	43867
and account designated by the recipient. ~~The~~If disability	43868
financial assistance is to be paid by the auditor of state through	43869
direct deposit, the application for assistance shall be	43870
accompanied by information the auditor needs to make direct	43871
deposits.	43872

The director of job and family services may adopt rules for	43873
designation of financial institutions and accounts. No	43874

No financial institution shall impose any charge for direct	43875
deposit of disability ~~assistance~~ financial assistance payments	43876
that it does not charge all customers for similar services.	43877

~~The department of job and family services shall establish~~	43878
~~financial assistance payment amounts based on state~~	43879
~~appropriations.~~	43880

~~Disability assistance may be given to persons living in their~~	43881
~~own homes or other suitable quarters, but shall not be given to~~	43882
~~persons who reside in a county home, city infirmary, jail, or~~	43883
~~public institution. Disability assistance shall not be given to an~~	43884
~~unemancipated child unless the child lives with the child's~~	43885
~~parents, guardians, or other persons standing in place of parents.~~	43886
~~For the purpose of this section, a child is emancipated if the~~	43887
~~child is married, serving in the armed forces, or has been~~	43888
~~emancipated by court order.~~	43889

~~No person shall be eligible for disability assistance if, for~~	43890
~~the purpose of avoiding consideration of property in~~	43891
~~determinations of the person's eligibility for disability~~	43892
~~assistance or a greater amount of assistance, the person has~~	43893
~~transferred property during the two years preceding application~~	43894
~~for or most recent redetermination of eligibility for disability~~	43895
~~assistance.~~	43896

~~Sec. 5115.13.~~ Sec. 5115.07. The acceptance of ~~disability~~financial	43897
assistance under ~~this chapter~~the disability financial assistance	43898
program constitutes an assignment to the department of job and	43899
family services of any rights an individual receiving ~~disability~~	43900
the assistance has to financial support from any other person,	43901
~~excluding medical support assigned pursuant to section 5101.59 of~~	43902
~~the Revised Code~~. The rights to support assigned to the department	43903
pursuant to this section constitute an obligation of the person	43904
responsible for providing the support to the state for the amount	43905
of disability financial assistance payments to the recipient or	43906
recipients whose needs are included in determining the amount of	43907
~~disability~~ assistance received. Support payments assigned to the	43908
state pursuant to this section shall be collected by the county	43909
department of job and family services and reimbursements for	43910
disability financial assistance payments shall be credited to the	43911
state treasury.	43912

Sec. 5115.10. (A) The director of job and family services	43913
shall establish a disability ~~assistance~~ medical assistance program	43914
~~shall consist of a system of managed primary care~~. ~~Until July 1,~~	43915
~~1992, the program shall also include limited hospital services,~~	43916
~~except that if prior to that date hospitals are required by~~	43917
~~section 5112.17 of the Revised Code to provide medical services~~	43918
~~without charge to persons specified in that section, the program~~	43919
~~shall cease to include hospital services at the time the~~	43920
~~requirement of section 5112.17 of the Revised Code takes effect.~~	43921

~~The department of job and family services may require~~	43922
~~disability assistance medical assistance recipients to enroll in~~	43923
~~health insuring corporations or other managed care programs, or~~	43924
~~may limit the number or type of health care providers from which a~~	43925
~~recipient may receive services.~~	43926

~~The director of job and family services shall adopt rules~~	43927
~~governing the disability assistance medical assistance program~~	43928
~~established under this division. The rules shall specify all of~~	43929
~~the following:~~	43930

~~(1) Services that will be provided under the system of~~	43931
~~managed primary care;~~	43932

~~(2) Hospital services that will be provided during the period~~	43933
~~that hospital services are provided under the program;~~	43934

~~(3) The maximum authorized amount, scope, duration, or limit~~	43935
~~of payment for services.~~	43936

~~(B) The director of job and family services shall designate~~	43937
~~medical services providers for the disability assistance medical~~	43938
~~assistance program. The first such designation shall be made not~~	43939
~~later than September 30, 1991. Services under the program shall be~~	43940
~~provided only by providers designated by the director. The~~	43941
~~director may require that, as a condition of being designated a~~	43942
~~disability assistance medical assistance provider, a provider~~	43943
~~enter into a provider agreement with the state department.~~	43944

~~(C) As long as the disability assistance medical assistance~~	43945
~~program continues to include hospital services, the department or~~	43946
~~a county director of job and family services may, pursuant to~~	43947
~~rules adopted under this section, approve an application for~~	43948
~~disability assistance medical assistance for emergency inpatient~~	43949
~~hospital services when care has been given to a person who had not~~	43950
~~completed a sworn application for disability assistance at the~~	43951
~~time the care was rendered, if all of the following apply:~~	43952

~~(1) The person files an application for disability assistance~~	43953
~~within sixty days after being discharged from the hospital or, if~~	43954
~~the conditions of division (D) of this section are met, while in~~	43955
~~the hospital;~~	43956

~~(2) The person met all eligibility requirements for~~	43957
~~disability assistance at the time the care was rendered;~~	43958

~~(3) The care given to the person was a medical service within~~	43959
~~the scope of disability assistance medical assistance as~~	43960
~~established under rules adopted by the director of job and family~~	43961
~~services.~~	43962

~~(D) If a person files an application for disability~~	43963
~~assistance medical assistance for emergency inpatient hospital~~	43964
~~services while in the hospital, a face-to-face interview shall be~~	43965
~~conducted with the applicant while the applicant is in the~~	43966
~~hospital to determine whether the applicant is eligible for the~~	43967
~~assistance. If the hospital agrees to reimburse the county~~	43968
~~department of job and family services for all actual costs~~	43969
~~incurred by the department in conducting the interview, the~~	43970
~~interview shall be conducted by an employee of the county~~	43971
~~department. If, at the request of the hospital, the county~~	43972
~~department designates an employee of the hospital to conduct the~~	43973
~~interview, the interview shall be conducted by the hospital~~	43974
~~employee.~~	43975

~~(E) The department of job and family services may assume~~	43976
~~responsibility for peer review of expenditures for disability~~	43977
~~assistance medical assistance~~(B) Subject to all other eligibility	43978
requirements established by this chapter and the rules adopted	43979
under it for the disability medical assistance program, a person	43980
may be eligible for disability medical assistance only if the	43981
person is medication dependent, as determined by the department of	43982
job and family services.	43983

(C) The director shall adopt rules under section 111.15 of	43984
the Revised Code for purposes of implementing division (B) of this	43985
section. The rules may specify or establish any or all of the	43986
following:	43987

(1) Standards for determining whether a person is medication	43988
dependent, including standards under which a person may qualify as	43989
being medication dependent only if it is determined that both of	43990
the following are the case:	43991

(a) The person is receiving ongoing treatment for a chronic	43992
medical condition that requires continuous prescription medication	43993
for an indefinite, long-term period of time;	43994

(b) Loss of the medication would result in a significant risk	43995
of medical emergency and loss of employability lasting at least	43996
nine months.	43997

(2) A requirement that a person's medical condition be	43998
certified by an individual authorized under Chapter 4731. of the	43999
Revised Code to practice medicine and surgery or osteopathic	44000
medicine and surgery;	44001

(3) Limitations on the chronic medical conditions and	44002
prescription medications that may qualify a person as being	44003
medication dependent.	44004

Sec. 5115.11. ~~If a member of an assistance group receiving~~	44005
~~disability assistance under this chapter~~An individual who	44006
qualifies for the medical assistance program established under	44007
Chapter 5111. of the Revised Code~~, the member~~ shall receive	44008
medical assistance through that program rather than through the	44009
disability ~~assistance~~ medical assistance program.	44010

An individual is ineligible for disability medical assistance	44011
if, for the purpose of avoiding consideration of property in	44012
determinations of the individual's eligibility for disability	44013
medical assistance or a greater amount of assistance, the person	44014
has transferred property during the two years preceding	44015
application for or most recent redetermination of eligibility for	44016
disability medical assistance.	44017

Sec. 5115.12. (A) The director of job and family services	44018
shall adopt rules in accordance with section 111.15 of the Revised	44019
Code governing the disability medical assistance program. The	44020
rules may establish or specify any or all of the following:	44021

(1) Income, resource, citizenship, age, residence, living	44022
arrangement, and other eligibility requirements;	44023

(2) Health services to be included in the program;

44024

(3) The maximum authorized amount, scope, duration, or limit	44025
of payment for services;	44026

(4) Limits on the length of time an individual may receive	44027
disability medical assistance;	44028

(5) Limits on the total number of individuals in the state	44029
who may receive disability medical assistance.	44030

(B) For purposes of limiting the cost of the disability	44031
medical assistance program, the director may do either of the	44032
following:	44033

(1) Adopt rules in accordance with section 111.15 of the	44034
Revised Code that revise the program's eligibility requirements;	44035
the maximum authorized amount, scope, duration, or limit of	44036
payment for services included in the program; or any other	44037
requirement or standard established or specified by rules adopted	44038
under division (A) of this section or under section 5115.10 of the	44039
Revised Code;	44040

(2) Suspend acceptance of applications for disability medical	44041
assistance. While a suspension is in effect, no person shall	44042
receive a determination or redetermination of eligibility for	44043
disability medical assistance unless the person was receiving the	44044
assistance during the month immediately preceding the suspension's	44045
effective date or the person submitted an application prior to the	44046
suspension's effective date and receives a determination of	44047
eligibility based on that application. The director may adopt	44048
rules in accordance with section 111.15 of the Revised Code	44049
establishing requirements and specifying procedures applicable to	44050
the suspension of acceptance of new applications.	44051

Sec. 5115.13. (A) The department of job and family services	44052
shall supervise and administer the disability medical program,	44053
except as follows:	44054

(1) The department may require county departments of job and	44055
family services to perform any administrative function specified	44056
in rules adopted by the director of job and family services.	44057

(2) The director may contract with any private or public	44058
entity in this state to perform any administrative function or to	44059
administer any or all of the program.	44060

(B) If the department requires county departments to perform	44061
administrative functions, the director of job and family services	44062
shall adopt rules in accordance with section 111.15 of the Revised	44063
Code governing the performance of the functions to be performed by	44064
county departments. County departments shall perform the functions	44065
in accordance with the rules.	44066

If the director contracts with a private or public entity to	44067
perform administrative functions or to administer any or all of	44068
the program, the director may either adopt rules in accordance	44069
with section 111.15 of the Revised Code or include provisions in	44070
the contract governing the performance of the functions by the	44071
private or public entity. Entities under contract shall perform	44072
the functions in accordance with the requirements established by	44073
the director.	44074

(C) Whenever division (A)(1) or (2) of this section is	44075
implemented, the director shall conduct investigations to	44076
determine whether disability medical assistance is being	44077
administered in compliance with the Revised Code and rules adopted	44078
by the director or in accordance with the terms of the contract.	44079

Sec. 5115.14. (A) The director of job and family services	44080
shall adopt rules in accordance with section 111.15 of the Revised	44081
Code establishing application and verification procedures,	44082
reapplication procedures, and other requirements the director	44083
considers necessary in the administration of the application	44084
process for disability medical assistance.	44085

(B) Any person who applies for disability medical assistance	44086
shall receive a voter registration application under section	44087
3503.10 of the Revised Code.	44088

Sec. 5115.20. (A) The department of job and family services	44089
shall establish a disability advocacy program and each county	44090
department of job and family services shall establish a disability	44091
advocacy program unit or join with other county departments of job	44092
and family services to establish a joint county disability	44093
advocacy program unit. Through the program the department and	44094
county departments shall cooperate in efforts to assist applicants	44095
for and recipients of assistance under ~~this chapter~~the disability	44096
financial assistance program and the disability medical assistance	44097
program, who might be eligible for supplemental security income	44098
benefits under Title XVI of the "Social Security Act," 86 Stat.	44099
1475 (1972), 42 U.S.C.A. 1383, as amended, in applying for those	44100
benefits. ~~The~~	44101

As part of their disability advocacy programs, the state	44102
department and county departments may enter into contracts for the	44103
services ~~to applicants for and recipients of assistance under this~~	44104
~~chapter who might be eligible for supplemental security income~~	44105
~~benefits with~~of persons and ~~governmental~~government entities that	44106
in the judgment of the department or county department have	44107
demonstrated expertise in representing persons seeking	44108
supplemental security income benefits. Each contract shall require	44109
the person or entity with which a department contracts to assess	44110
each person referred to it by the department to determine whether	44111
the person appears to be eligible for supplemental security income	44112
benefits, and, if the person appears to be eligible, assist the	44113
person in applying and represent the person in any proceeding of	44114
the social security administration, including any appeal or	44115
reconsideration of a denial of benefits. The department or county	44116
department shall provide to the person or entity with which it	44117
contracts all records in its possession relevant to the	44118
application for supplemental security income benefits. The	44119
department shall require a county department with relevant records	44120
to submit them to the person or entity.	44121

(B) Each applicant for or recipient of disability financial	44122
assistance or disability medical assistance ~~under this chapter~~	44123
who, in the judgment of the department or a county department	44124
might be eligible for supplemental security benefits, ~~must~~shall,	44125
as a condition of eligibility for assistance, apply for such	44126
benefits if directed to do so by the department or county	44127
department.	44128

(C) ~~Each~~With regard to applicants for and recipients of	44129
disability financial assistance or disability medical assistance,	44130
each county department of job and family services shall do all of	44131
the following:	44132

(1) Identify applicants ~~for~~ and recipients ~~of assistance~~	44133
~~under this chapter~~ who might be eligible for supplemental security	44134
income benefits;	44135

(2) Assist applicants ~~for~~ and recipients ~~of assistance under~~	44136
~~this chapter~~ in securing documentation of disabling conditions or	44137
refer them for such assistance to a person or government ~~agency~~	44138
entity with which the department or county department has	44139
contracted under division (A) of this section;	44140

(3) Inform applicants ~~for~~ and recipients ~~of assistance under~~	44141
~~this chapter~~ of available sources of representation, which may	44142
include a person or government entity with which the department or	44143
county department has contracted under division (A) of this	44144
section, and of their right to represent themselves in	44145
reconsiderations and appeals of social security administration	44146
decisions that deny them supplemental security income benefits.	44147
The county department may require the applicants and recipients,	44148
as a condition of eligibility for assistance, to pursue	44149
reconsiderations and appeals of social security administration	44150
decisions that deny them supplemental security income benefits,	44151
and shall assist applicants and recipients as necessary to obtain	44152
such benefits or refer them to a person or government ~~agency~~	44153
entity with which the department or county department has	44154
contracted under division (A) of this section.	44155

(4) Require applicants ~~for~~ and recipients ~~of assistance under~~	44156
~~this chapter~~ who, in the judgment of the county department, are or	44157
may be aged, blind, or disabled, to apply for medical assistance	44158
under Chapter 5111. of the Revised Code, make determinations when	44159
appropriate as to eligibility for medical assistance, and refer	44160
their applications when necessary to the disability determination	44161
unit established in accordance with division (F) of this section	44162
for expedited review;	44163

(5) Require each applicant ~~for~~ and ~~each~~ recipient of	44164
~~assistance under this chapter~~ who in the judgment of the	44165
department or the county department might be eligible for	44166
supplemental security income benefits, as a condition of	44167
eligibility for disability financial assistance or disability	44168
medical assistance ~~under this chapter~~, to execute a written	44169
authorization for the secretary of health and human services to	44170
withhold benefits due that individual and pay to the director of	44171
job and family services or the director's designee an amount	44172
sufficient to reimburse the state and county shares of interim	44173
assistance furnished to the individual. For the purposes of	44174
division (C)(5) of this section, "benefits" and "interim	44175
assistance" have the meanings given in Title XVI of the "Social	44176
Security Act."	44177

(D) The director of job and family services shall adopt rules	44178
in accordance with ~~Chapter 119.~~section 111.15 of the Revised Code	44179
for the effective administration of the disability advocacy	44180
program. The rules shall include all of the following:	44181

(1) Methods to be used in collecting information from and	44182
disseminating it to county departments, including the following:	44183

(a) The number of individuals in the county who are disabled	44184
recipients of disability financial assistance or disability	44185
medical assistance ~~under this chapter in the county~~;	44186

(b) The final decision made either by the social security	44187
administration or by a court for each application or	44188
reconsideration in which an individual was assisted pursuant to	44189
this section.	44190

(2) The type and process of training to be provided by the	44191
department of job and family services to the employees of the	44192
county department of job and family services who perform duties	44193
under this section;	44194

(3) Requirements for the written authorization required by	44195
division (C)(5) of this section.	44196

(E) The department shall provide basic and continuing	44197
training to employees of the county department of job and family	44198
services who perform duties under this section. Training shall	44199
include but not be limited to all processes necessary to obtain	44200
federal disability benefits, and methods of advocacy.	44201

(F) The department shall establish a disability determination	44202
unit and develop guidelines for expediting reviews of applications	44203
for medical assistance under Chapter 5111. of the Revised Code for	44204
persons who have been referred to the unit under division (C)(4)	44205
of this section. The department shall make determinations of	44206
eligibility for medical assistance for any such person within the	44207
time prescribed by federal regulations.	44208

(G) The department may, under rules the director of job and	44209
family services adopts in accordance with section 111.15 of the	44210
Revised Code, pay a portion of the federal reimbursement described	44211
in division (C)(5) of this section to persons or ~~agencies~~	44212
government entities that assist or represent assistance recipients	44213
in reconsiderations and appeals of social security administration	44214
decisions denying them supplemental security income benefits.	44215

(H) The director shall conduct investigations to determine	44216
whether disability advocacy programs are being administered in	44217
compliance with the Revised Code and the rules adopted by the	44218
director pursuant to this section.	44219

Sec. 5115.22. (A) If a recipient of disability financial	44220
assistance or disability medical assistance, or an individual	44221
whose income and resources are included in determining the	44222
recipient's eligibility for the assistance, becomes possessed of	44223
resources or income in excess of the amount allowed to retain	44224
eligibility, or if other changes occur that affect the recipient's	44225
eligibility or need for assistance, the recipient shall notify the	44226
state or county department of job and family services within the	44227
time limits specified in rules adopted by the director of job and	44228
family services in accordance with section 111.15 of the Revised	44229
Code. Failure of a recipient to report possession of excess	44230
resources or income or a change affecting eligibility or need	44231
within those time limits shall be considered prima-facie evidence	44232
of intent to defraud under section 5115.23 of the Revised Code.	44233

(B) As a condition of eligibility for disability financial	44234
assistance or disability medical assistance, and as a means of	44235
preventing or reducing the provision of assistance at public	44236
expense, each applicant for or recipient of the assistance shall	44237
make reasonable efforts to secure support from persons responsible	44238
for the applicant's or recipient's support, and from other	44239
sources, including any federal program designed to provide	44240
assistance to individuals with disabilities. The state or county	44241
department of job and family services may provide assistance to	44242
the applicant or recipient in securing other forms of financial	44243
assistance.	44244

~~Sec. 5115.15.~~ Sec. 5115.23. As used in this section, "erroneous	44245
payments" means disability financial assistance payments,	44246
~~including~~or disability ~~assistance~~ medical assistance payments,	44247
made to persons who are not entitled to receive them, including	44248
payments made as a result of misrepresentation or fraud, and	44249
payments made due to an error by the recipient or by the county	44250
department of job and family services that made the payment.	44251

The department of job and family services shall adopt rules	44252
in accordance with section 111.15 of the Revised Code specifying	44253
the circumstances under which action is to be taken under this	44254
section to recover erroneous payments. The department, or a county	44255
department of job and family services at the request of the	44256
department, shall take action to recover erroneous payments in the	44257
circumstances specified in the rules. The department or county	44258
department may institute a civil action to recover erroneous	44259
payments.	44260

Whenever disability financial assistance or disability	44261
medical assistance has been furnished to a recipient for whose	44262
support another person is responsible, the other person shall, in	44263
addition to the liability otherwise imposed, as a consequence of	44264
failure to support the recipient, be liable for all ~~disability~~	44265
assistance furnished the recipient. The value of the assistance so	44266
furnished may be recovered in a civil action brought by the county	44267
department of job and family services.	44268

Each county department of job and family services shall	44269
retain fifty per cent of the erroneous payments it recovers under	44270
this section. The department of job and family services shall	44271
receive the remaining fifty per cent.	44272

Sec. 5119.61. Any provision in this chapter that refers to a	44273
board of alcohol, drug addiction, and mental health services also	44274
refers to the community mental health board in an alcohol, drug	44275
addiction, and mental health service district that has a community	44276
mental health board.	44277

The director of mental health with respect to all facilities	44278
and programs established and operated under Chapter 340. of the	44279
Revised Code for mentally ill and emotionally disturbed persons,	44280
shall do all of the following:	44281

(A) Adopt rules pursuant to Chapter 119. of the Revised Code	44282
that may be necessary to carry out the purposes of Chapter 340.	44283
and sections 5119.61 to 5119.63 of the Revised Code.	44284

(1) The rules shall include all of the following:

44285

(a) Rules governing a community mental health agency's	44286
services under section 340.091 of the Revised Code to an	44287
individual referred to the agency under division (C)(2) of section	44288
173.35 of the Revised Code;	44289

(b) For the purpose of division (A)(16) of section 340.03 of	44290
the Revised Code, rules governing the duties of mental health	44291
agencies and boards of alcohol, drug addiction, and mental health	44292
services under section 3722.18 of the Revised Code regarding	44293
referrals of individuals with mental illness or severe mental	44294
disability to adult care facilities and effective arrangements for	44295
ongoing mental health services for the individuals. The rules	44296
shall do at least the following:	44297

(i) Provide for agencies and boards to participate fully in	44298
the procedures owners and managers of adult care facilities must	44299
follow under division (A)(2) of section 3722.18 of the Revised	44300
Code;	44301

(ii) Specify the manner in which boards are accountable for	44302
ensuring that ongoing mental health services are effectively	44303
arranged for individuals with mental illness or severe mental	44304
disability who are referred by the board or mental health agency	44305
under contract with the board to an adult care facility.	44306

(c) Rules governing a board of alcohol, drug addiction, and	44307
mental health services when making a report to the director of	44308
health under section 3722.17 of the Revised Code regarding the	44309
quality of care and services provided by an adult care facility to	44310
a person with mental illness or a severe mental disability.	44311

(2) Rules may be adopted to govern the method of paying a	44312
community mental health facility ~~described~~, as defined in ~~division~~	44313
~~(B) of~~ section 5111.022 of the Revised Code, for providing	44314
services ~~established by~~listed in division ~~(A)~~(B) of that section.	44315
Such rules must be consistent with the contract entered into	44316
between the departments of job and family services and mental	44317
health under ~~division (E) of that~~ section 5111.91 of the Revised	44318
Code and include requirements ensuring appropriate service	44319
utilization.	44320

(B) Review and evaluate, and, taking into account the	44321
findings and recommendations of the board of alcohol, drug	44322
addiction, and mental health services of the district served by	44323
the program and the requirements and priorities of the state	44324
mental health plan, including the needs of residents of the	44325
district now residing in state mental institutions, approve and	44326
allocate funds to support community programs, and make	44327
recommendations for needed improvements to boards of alcohol, drug	44328
addiction, and mental health services;	44329

(C) Withhold state and federal funds for any program, in	44330
whole or in part, from a board of alcohol, drug addiction, and	44331
mental health services in the event of failure of that program to	44332
comply with Chapter 340. or section 5119.61, 5119.611, 5119.612,	44333
or 5119.62 of the Revised Code or rules of the department of	44334
mental health. The director shall identify the areas of	44335
noncompliance and the action necessary to achieve compliance. The	44336
director shall offer technical assistance to the board to achieve	44337
compliance. The director shall give the board a reasonable time	44338
within which to comply or to present its position that it is in	44339
compliance. Before withholding funds, a hearing shall be conducted	44340
to determine if there are continuing violations and that either	44341
assistance is rejected or the board is unable to achieve	44342
compliance. Subsequent to the hearing process, if it is determined	44343
that compliance has not been achieved, the director may allocate	44344
all or part of the withheld funds to a public or private agency to	44345
provide the services not in compliance until the time that there	44346
is compliance. The director shall establish rules pursuant to	44347
Chapter 119. of the Revised Code to implement this division.	44348

(D) Withhold state or federal funds from a board of alcohol,	44349
drug addiction, and mental health services that denies available	44350
service on the basis of religion, race, color, creed, sex,	44351
national origin, age, disability as defined in section 4112.01 of	44352
the Revised Code, developmental disability, or the inability to	44353
pay;	44354

(E) Provide consultative services to community mental health	44355
agencies with the knowledge and cooperation of the board of	44356
alcohol, drug addiction, and mental health services;	44357

(F) Provide to boards of alcohol, drug addiction, and mental	44358
health services state or federal funds, in addition to those	44359
allocated under section 5119.62 of the Revised Code, for special	44360
programs or projects the director considers necessary but for	44361
which local funds are not available;	44362

(G) Establish criteria by which a board of alcohol, drug	44363
addiction, and mental health services reviews and evaluates the	44364
quality, effectiveness, and efficiency of services provided	44365
through its community mental health plan. The criteria shall	44366
include requirements ensuring appropriate service utilization. The	44367
department shall assess a board's evaluation of services and the	44368
compliance of each board with this section, Chapter 340. or	44369
section 5119.62 of the Revised Code, and other state or federal	44370
law and regulations. The department, in cooperation with the	44371
board, periodically shall review and evaluate the quality,	44372
effectiveness, and efficiency of services provided through each	44373
board. The department shall collect information that is necessary	44374
to perform these functions.	44375

(H) Develop and operate a community mental health information	44376
system.	44377

Boards of alcohol, drug abuse, and mental health services	44378
shall submit information requested by the department in the form	44379
and manner prescribed by the department. Information collected by	44380
the department shall include, but not be limited to, all of the	44381
following:	44382

(1) Information regarding units of services provided in whole	44383
or in part under contract with a board, including diagnosis and	44384
special needs, demographic information, the number of units of	44385
service provided, past treatment, financial status, and service	44386
dates in accordance with rules adopted by the department in	44387
accordance with Chapter 119. of the Revised Code;	44388

(2) Financial information other than price or price-related	44389
data regarding expenditures of boards and community mental health	44390
agencies, including units of service provided, budgeted and actual	44391
expenses by type, and sources of funds.	44392

Boards shall submit the information specified in division	44393
(H)(1) of this section no less frequently than annually for each	44394
client, and each time the client's case is opened or closed. The	44395
department shall not collect any information for the purpose of	44396
identifying by name any person who receives a service through a	44397
board of alcohol, drug addiction, and mental health services,	44398
except as required by state or federal law to validate appropriate	44399
reimbursement. For the purposes of division (H)(1) of this	44400
section, the department shall use an identification system that is	44401
consistent with applicable nationally recognized standards.	44402

(I) Review each board's community mental health plan	44403
submitted pursuant to section 340.03 of the Revised Code and	44404
approve or disapprove it in whole or in part. Periodically, in	44405
consultation with representatives of boards and after considering	44406
the recommendations of the medical director, the director shall	44407
issue criteria for determining when a plan is complete, criteria	44408
for plan approval or disapproval, and provisions for conditional	44409
approval. The factors that the director considers may include, but	44410
are not limited to, the following:	44411

(1) The mental health needs of all persons residing within	44412
the board's service district, especially severely mentally	44413
disabled children, adolescents, and adults;	44414

(2) The demonstrated quality, effectiveness, efficiency, and	44415
cultural relevance of the services provided in each service	44416
district, the extent to which any services are duplicative of	44417
other available services, and whether the services meet the needs	44418
identified above;	44419

(3) The adequacy of the board's accounting for the	44420
expenditure of funds.	44421

If the director disapproves all or part of any plan, the	44422
director shall provide the board an opportunity to present its	44423
position. The director shall inform the board of the reasons for	44424
the disapproval and of the criteria that must be met before the	44425
plan may be approved. The director shall give the board a	44426
reasonable time within which to meet the criteria, and shall offer	44427
technical assistance to the board to help it meet the criteria.	44428

If the approval of a plan remains in dispute thirty days	44429
prior to the conclusion of the fiscal year in which the board's	44430
current plan is scheduled to expire, the board or the director may	44431
request that the dispute be submitted to a mutually agreed upon	44432
third-party mediator with the cost to be shared by the board and	44433
the department. The mediator shall issue to the board and the	44434
department recommendations for resolution of the dispute. Prior to	44435
the conclusion of the fiscal year in which the current plan is	44436
scheduled to expire, the director, taking into consideration the	44437
recommendations of the mediator, shall make a final determination	44438
and approve or disapprove the plan, in whole or in part.	44439

Sec. 5119.611. (A) A board of alcohol, drug addiction, and	44440
mental health services may not contract with a community mental	44441
health agency under division (A)(8)(a) of section 340.03 of the	44442
Revised Code to provide community mental health services included	44443
in the board's community mental health plan unless the services	44444
are certified by the director of mental health under this section.	44445

A community mental health agency that seeks the director's	44446
certification of its community mental health services shall submit	44447
an application to the director. On receipt of the application, the	44448
director may visit and shall evaluate the agency to determine	44449
whether its services satisfy the standards established by rules	44450
adopted under division (C) of this section. The director shall	44451
make the evaluation, and, if the director visits the agency, shall	44452
make the visit, in cooperation with the board of alcohol, drug	44453
addiction, and mental health services with which the agency seeks	44454
to contract.	44455

If the director determines that a community mental health	44456
agency's services satisfy the standards, the director shall	44457
certify the services.	44458

If the director determines that a community mental health	44459
agency's services do not satisfy the standards, the director shall	44460
identify the areas of noncompliance, specify what action is	44461
necessary to satisfy the standards, and offer technical assistance	44462
to the board of alcohol, drug addiction, and mental health	44463
services so that the board may assist the agency in satisfying the	44464
standards. The director shall give the agency a reasonable time	44465
within which to demonstrate that its services satisfy the	44466
standards or to bring the services into compliance with the	44467
standards. If the director concludes that the services continue to	44468
fail to satisfy the standards, the director may request that the	44469
board reallocate the funds for the community mental health	44470
services the agency was to provide to another community mental	44471
health agency whose community mental health services satisfy the	44472
standards. If the board does not reallocate those funds in a	44473
reasonable period of time, the director may withhold state and	44474
federal funds for the community mental health services and	44475
allocate those funds directly to a community mental health agency	44476
whose community mental health services satisfy the standards.	44477

(B) Each community mental health agency seeking certification	44478
of its community mental health services under this section shall	44479
pay a fee for the certification review required by this section.	44480
Fees shall be paid into the sale of goods and services fund	44481
created pursuant to section 5119.161 of the Revised Code.	44482

(C) The director shall adopt rules in accordance with Chapter	44483
119. of the Revised Code to implement this section. The rules	44484
shall do all of the following:	44485

(1) Establish certification standards for community mental	44486
health services, including assertive community treatment and	44487
intensive home-based mental health services, that are consistent	44488
with nationally recognized applicable standards and facilitate	44489
participation in federal assistance programs. The rules shall	44490
include as certification standards only requirements that improve	44491
the quality of services or the health and safety of clients of	44492
community mental health services. The standards shall address at a	44493
minimum all of the following:	44494

(a) Reporting major unusual incidents to the director;

44495

(b) Procedures for applicants for and clients of community	44496
mental health services to file grievances and complaints;	44497

44498

(d) Restraint;

44499

(e) Development of written policies addressing the rights of	44500
clients, including all of the following:	44501

(i) The right to a copy of the written policies addressing	44502
client rights;	44503

(ii) The right at all times to be treated with consideration	44504
and respect for the client's privacy and dignity;	44505

(iii) The right to have access to the client's own	44506
psychiatric, medical, or other treatment records unless access is	44507
specifically restricted in the client's treatment plan for clear	44508
treatment reasons;	44509

(iv) The right to have a client rights officer provided by	44510
the agency or board of alcohol, drug addiction, and mental health	44511
services advise the client of the client's rights, including the	44512
client's rights under Chapter 5122. of the Revised Code if the	44513
client is committed to the agency or board.	44514

(2) Establish standards for qualifications of mental health	44515
professionals as defined in section 340.02 of the Revised Code and	44516
personnel who provide the community mental health services;	44517

(3) Establish the process for certification of community	44518
mental health services;	44519

(4) Set the amount of certification review fees based on a	44520
portion of the cost of performing the review;	44521

(5) Specify the type of notice and hearing to be provided	44522
prior to a decision on whether to reallocate funds.	44523

(D) The rules adopted under division (C)(1) of this section	44524
to establish certification standards for assertive community	44525
treatment and intensive home-based mental health services shall be	44526
adopted not later than July 1, 2004.	44527

Sec. 5120.09. Under the supervision and control of the	44528
director of rehabilitation and correction, the division of	44529
business administration shall do all of the following:	44530

(A) Submit the budgets for the several divisions of the	44531
department of rehabilitation and correction, as prepared by the	44532
respective chiefs of those divisions, to the director. The	44533
director, with the assistance of the chief of the division of	44534
business administration, shall compile a departmental budget that	44535
contains all proposals submitted by the chiefs of the divisions	44536
and shall forward the departmental budget to the governor with	44537
comments and recommendations that the director considers	44538
necessary.	44539

(B) Maintain accounts and records and compile statistics that	44540
the director prescribes;	44541

(C) Under the control of the director, coordinate and make	44542
the necessary purchases and requisitions for the department and	44543
its divisions, except as provided under section 5119.16 of the	44544
Revised Code;	44545

(D) Administer within this state federal criminal justice	44546
acts that the governor requires the department to administer. In	44547
order to improve the criminal justice system of this state, the	44548
division of business administration shall apply for, allocate,	44549
disburse, and account for grants that are made available pursuant	44550
to those federal criminal justice acts and grants that are made	44551
available from other federal government sources, state government	44552
sources, or private sources. As used in this division, "criminal	44553
justice system" and "federal criminal justice acts" have the same	44554
meanings as in section ~~181.51~~109.98 of the Revised Code.	44555

(E) Audit the activities of governmental entities, persons as	44556
defined in section 1.59 of the Revised Code, and other types of	44557
nongovernmental entities that are financed in whole or in part by	44558
funds that the department allocates or disburses and that are	44559
derived from grants described in division (D) of this section;	44560

(F) Enter into contracts, including contracts with federal,	44561
state, or local governmental entities, persons as defined in	44562
section 1.59 of the Revised Code, foundations, and other types of	44563
nongovernmental entities, that are necessary for the department to	44564
carry out its duties and that neither the director nor another	44565
section of the Revised Code authorizes another division of the	44566
department to enter;	44567

(G) Exercise other powers and perform other duties that the	44568
director may assign to the division of business administration.	44569

Sec. 5120.51. (A)(1) If the director of rehabilitation and	44570
correction determines that a bill introduced in the general	44571
assembly is likely to have a significant impact on the population	44572
of, or the cost of operating, any or all state correctional	44573
institutions under the administration of the department of	44574
rehabilitation and correction, the department shall prepare a	44575
population and cost impact statement for the bill, in accordance	44576
with division (A)(2) of this section.	44577

(2) A population and cost impact statement required for a	44578
bill ~~nshall~~shall estimate the increase or decrease in the	44579
correctional institution population that likely would result if	44580
the bill were enacted, shall estimate, in dollars, the amount by	44581
which revenues or expenditures likely would increase or decrease	44582
if the bill were enacted, and briefly shall explain each of the	44583
estimates.	44584

A population and cost impact statement required for a bill	44585
initially shall be prepared after the bill is referred to a	44586
committee of the general assembly in the house of origination but	44587
before the meeting of the committee at which the committee is	44588
scheduled to vote on whether to recommend the bill for passage. A	44589
copy of the statement shall be distributed to each member of the	44590
committee that is considering the bill and to the member of the	44591
general assembly who introduced it. If the bill is recommended for	44592
passage by the committee, the department shall update the	44593
statement before the bill is taken up for final consideration by	44594
the house of origination. A copy of the updated statement shall be	44595
distributed to each member of that house and to the member of the	44596
general assembly who introduced the bill. If the bill is passed by	44597
the house of origination and is introduced in the second house,	44598
the provisions of this division concerning the preparation,	44599
updating, and distribution of the statement in the house of	44600
origination also apply in the second house.	44601

(B) The governor or any member of the general assembly, at	44602
any time, may request the department to prepare a population and	44603
cost impact statement for any bill introduced in the general	44604
assembly. Upon receipt of a request, the department promptly shall	44605
prepare a statement that includes the estimates and explanations	44606
described in division (A)(2) of this section and present a copy of	44607
it to the governor or member who made the request.	44608

(C) In the preparation of a population and cost impact	44609
statement required by division (A) or (B) of this section, the	44610
department shall use a technologically sophisticated system	44611
capable of estimating future state correctional institution	44612
populations. The system shall have the capability to adjust its	44613
estimates based on actual and proposed changes in sentencing laws	44614
and trends, sentence durations, parole rates, crime rates, and any	44615
other data that affect state correctional institution populations.	44616
The department, in conjunction with the advisory committee	44617
appointed under division (E) of this section, shall review and	44618
update the data used in the system, not less than once every six	44619
months, to improve the accuracy of the system.	44620

(D) At least once every six months, the department shall	44621
provide to the correctional institution inspection committee a	44622
copy of the estimates of state correctional institution	44623
populations obtained through use of the system described in	44624
division (C) of this section and a description of the assumptions	44625
regarding sentencing laws and trends, sentence durations, parole	44626
rates, crime rates, and other relevant data that were made by the	44627
department to obtain the estimates. Additionally, a copy of the	44628
estimates and a description of the assumptions made to obtain them	44629
shall be provided, upon reasonable request, to other legislative	44630
staff, including the staff of the legislative service commission	44631
~~and the legislative budget office of the legislative service~~	44632
~~commission~~, to the office of budget and management, and to the	44633
~~office~~bureau of criminal justice services.	44634

(E) The correctional institution inspection committee shall	44635
appoint an advisory committee to review the operation of the	44636
system for estimating future state correctional institution	44637
populations that is used by the department in the preparation of	44638
population cost impact statements pursuant to this section and to	44639
join with the department in its reviews and updating of the data	44640
used in the system under division (C) of this section. The	44641
advisory committee shall be comprised of at least one prosecuting	44642
attorney, at least one common pleas court judge, at least one	44643
public defender, at least one person who is a member or staff	44644
employee of the committee, and at least one representative of the	44645
~~office~~bureau of criminal justice services.	44646

Sec. 5123.01. As used in this chapter:

44647

(A) "Chief medical officer" means the licensed physician	44648
appointed by the managing officer of an institution for the	44649
mentally retarded with the approval of the director of mental	44650
retardation and developmental disabilities to provide medical	44651
treatment for residents of the institution.	44652

(B) "Chief program director" means a person with special	44653
training and experience in the diagnosis and management of the	44654
mentally retarded, certified according to division (C) of this	44655
section in at least one of the designated fields, and appointed by	44656
the managing officer of an institution for the mentally retarded	44657
with the approval of the director to provide habilitation and care	44658
for residents of the institution.	44659

(C) "Comprehensive evaluation" means a study, including a	44660
sequence of observations and examinations, of a person leading to	44661
conclusions and recommendations formulated jointly, with	44662
dissenting opinions if any, by a group of persons with special	44663
training and experience in the diagnosis and management of persons	44664
with mental retardation or a developmental disability, which group	44665
shall include individuals who are professionally qualified in the	44666
fields of medicine, psychology, and social work, together with	44667
such other specialists as the individual case may require.	44668

(D) "Education" means the process of formal training and	44669
instruction to facilitate the intellectual and emotional	44670
development of residents.	44671

(E) "Habilitation" means the process by which the staff of	44672
the institution assists the resident in acquiring and maintaining	44673
those life skills that enable the resident to cope more	44674
effectively with the demands of the resident's own person and of	44675
the resident's environment and in raising the level of the	44676
resident's physical, mental, social, and vocational efficiency.	44677
Habilitation includes but is not limited to programs of formal,	44678
structured education and training.	44679

(F) "Habilitation center services" means services provided by	44680
a habilitation center certified by the department of mental	44681
retardation and developmental disabilities under section 5123.041	44682
of the Revised Code and covered by the medicaid program pursuant	44683
to rules adopted under section 5111.041 of the Revised Code.	44684

(G) "Health officer" means any public health physician,	44685
public health nurse, or other person authorized or designated by a	44686
city or general health district.	44687

(H) "Home and community-based services" means medicaid-funded	44688
home and community-based services provided under athe medicaid	44689
~~component~~components the department of mental retardation and	44690
developmental disabilities administers pursuant to section	44691
5111.871 of the Revised Code.	44692

(I) "Indigent person" means a person who is unable, without	44693
substantial financial hardship, to provide for the payment of an	44694
attorney and for other necessary expenses of legal representation,	44695
including expert testimony.	44696

(J) "Institution" means a public or private facility, or a	44697
part of a public or private facility, that is licensed by the	44698
appropriate state department and is equipped to provide	44699
residential habilitation, care, and treatment for the mentally	44700
retarded.	44701

(K) "Licensed physician" means a person who holds a valid	44702
certificate issued under Chapter 4731. of the Revised Code	44703
authorizing the person to practice medicine and surgery or	44704
osteopathic medicine and surgery, or a medical officer of the	44705
government of the United States while in the performance of the	44706
officer's official duties.	44707

(L) "Managing officer" means a person who is appointed by the	44708
director of mental retardation and developmental disabilities to	44709
be in executive control of an institution for the mentally	44710
retarded under the jurisdiction of the department.	44711

(M) "Medicaid" has the same meaning as in section 5111.01 of	44712
the Revised Code.	44713

(N) "Medicaid case management services" means case management	44714
services provided to an individual with mental retardation or	44715
other developmental disability that the state medicaid plan	44716
requires.	44717

(O) "Mentally retarded person" means a person having	44718
significantly subaverage general intellectual functioning existing	44719
concurrently with deficiencies in adaptive behavior, manifested	44720
during the developmental period.	44721

(P) "Mentally retarded person subject to institutionalization	44722
by court order" means a person eighteen years of age or older who	44723
is at least moderately mentally retarded and in relation to whom,	44724
because of the person's retardation, either of the following	44725
conditions exist:	44726

(1) The person represents a very substantial risk of physical	44727
impairment or injury to self as manifested by evidence that the	44728
person is unable to provide for and is not providing for the	44729
person's most basic physical needs and that provision for those	44730
needs is not available in the community;	44731

(2) The person needs and is susceptible to significant	44732
habilitation in an institution.	44733

(Q) "A person who is at least moderately mentally retarded"	44734
means a person who is found, following a comprehensive evaluation,	44735
to be impaired in adaptive behavior to a moderate degree and to be	44736
functioning at the moderate level of intellectual functioning in	44737
accordance with standard measurements as recorded in the most	44738
current revision of the manual of terminology and classification	44739
in mental retardation published by the American association on	44740
mental retardation.	44741

(R) As used in this division, "substantial functional	44742
limitation," "developmental delay," and "established risk" have	44743
the meanings established pursuant to section 5123.011 of the	44744
Revised Code.	44745

"Developmental disability" means a severe, chronic disability	44746
that is characterized by all of the following:	44747

(1) It is attributable to a mental or physical impairment or	44748
a combination of mental and physical impairments, other than a	44749
mental or physical impairment solely caused by mental illness as	44750
defined in division (A) of section 5122.01 of the Revised Code.	44751

(2) It is manifested before age twenty-two.

44752

(3) It is likely to continue indefinitely.

44753

(4) It results in one of the following:

44754

(a) In the case of a person under three years of age, at	44755
least one developmental delay or an established risk;	44756

(b) In the case of a person at least three years of age but	44757
under six years of age, at least two developmental delays or an	44758
established risk;	44759

(c) In the case of a person six years of age or older, a	44760
substantial functional limitation in at least three of the	44761
following areas of major life activity, as appropriate for the	44762
person's age: self-care, receptive and expressive language,	44763
learning, mobility, self-direction, capacity for independent	44764
living, and, if the person is at least sixteen years of age,	44765
capacity for economic self-sufficiency.	44766

(5) It causes the person to need a combination and sequence	44767
of special, interdisciplinary, or other type of care, treatment,	44768
or provision of services for an extended period of time that is	44769
individually planned and coordinated for the person.	44770

(S) "Developmentally disabled person" means a person with a	44771
developmental disability.	44772

(T) "State institution" means an institution that is	44773
tax-supported and under the jurisdiction of the department.	44774

(U) "Residence" and "legal residence" have the same meaning	44775
as "legal settlement," which is acquired by residing in Ohio for a	44776
period of one year without receiving general assistance prior to	44777
July 17, 1995, under former Chapter 5113. of the Revised Code,	44778
~~disability~~financial assistance under Chapter 5115. of the Revised	44779
Code, or assistance from a private agency that maintains records	44780
of assistance given. A person having a legal settlement in the	44781
state shall be considered as having legal settlement in the	44782
assistance area in which the person resides. No adult person	44783
coming into this state and having a spouse or minor children	44784
residing in another state shall obtain a legal settlement in this	44785
state as long as the spouse or minor children are receiving public	44786
assistance, care, or support at the expense of the other state or	44787
its subdivisions. For the purpose of determining the legal	44788
settlement of a person who is living in a public or private	44789
institution or in a home subject to licensing by the department of	44790
job and family services, the department of mental health, or the	44791
department of mental retardation and developmental disabilities,	44792
the residence of the person shall be considered as though the	44793
person were residing in the county in which the person was living	44794
prior to the person's entrance into the institution or home.	44795
Settlement once acquired shall continue until a person has been	44796
continuously absent from Ohio for a period of one year or has	44797
acquired a legal residence in another state. A woman who marries a	44798
man with legal settlement in any county immediately acquires the	44799
settlement of her husband. The legal settlement of a minor is that	44800
of the parents, surviving parent, sole parent, parent who is	44801
designated the residential parent and legal custodian by a court,	44802
other adult having permanent custody awarded by a court, or	44803
guardian of the person of the minor, provided that:	44804

(1) A minor female who marries shall be considered to have	44805
the legal settlement of her husband and, in the case of death of	44806
her husband or divorce, she shall not thereby lose her legal	44807
settlement obtained by the marriage.	44808

(2) A minor male who marries, establishes a home, and who has	44809
resided in this state for one year without receiving general	44810
assistance prior to July 17, 1995, under former Chapter 5113. of	44811
the Revised Code, ~~disability~~financial assistance under Chapter	44812
5115. of the Revised Code, or assistance from a private agency	44813
that maintains records of assistance given shall be considered to	44814
have obtained a legal settlement in this state.	44815

(3) The legal settlement of a child under eighteen years of	44816
age who is in the care or custody of a public or private child	44817
caring agency shall not change if the legal settlement of the	44818
parent changes until after the child has been in the home of the	44819
parent for a period of one year.	44820

No person, adult or minor, may establish a legal settlement	44821
in this state for the purpose of gaining admission to any state	44822
institution.	44823

(V)(1) "Resident" means, subject to division (R)(2) of this	44824
section, a person who is admitted either voluntarily or	44825
involuntarily to an institution or other facility pursuant to	44826
section 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised	44827
Code subsequent to a finding of not guilty by reason of insanity	44828
or incompetence to stand trial or under this chapter who is under	44829
observation or receiving habilitation and care in an institution.	44830

(2) "Resident" does not include a person admitted to an	44831
institution or other facility under section 2945.39, 2945.40,	44832
2945.401, or 2945.402 of the Revised Code to the extent that the	44833
reference in this chapter to resident, or the context in which the	44834
reference occurs, is in conflict with any provision of sections	44835
2945.37 to 2945.402 of the Revised Code.	44836

(W) "Respondent" means the person whose detention,	44837
commitment, or continued commitment is being sought in any	44838
proceeding under this chapter.	44839

(X) "Working day" and "court day" mean Monday, Tuesday,	44840
Wednesday, Thursday, and Friday, except when such day is a legal	44841
holiday.	44842

(Y) "Prosecutor" means the prosecuting attorney, village	44843
solicitor, city director of law, or similar chief legal officer	44844
who prosecuted a criminal case in which a person was found not	44845
guilty by reason of insanity, who would have had the authority to	44846
prosecute a criminal case against a person if the person had not	44847
been found incompetent to stand trial, or who prosecuted a case in	44848
which a person was found guilty.	44849

(Z) "Court" means the probate division of the court of common	44850
pleas.	44851

Sec. 5123.051. (A) If the department of mental retardation	44852
and developmental disabilities determines ~~pursuant to an audit~~	44853
~~conducted under section 5123.05 of the Revised Code or a~~	44854
~~reconciliation conducted under section 5123.18 or 5111.252 of the~~	44855
~~Revised Code~~ that money is owed the state by a ~~provider of a~~	44856
~~service~~person or ~~program~~government entity, the department may	44857
enter into a payment agreement with the ~~provider~~person or	44858
government entity for collection of the money owed the state. The	44859
agreement shall include the following:	44860

(1) A schedule of installment payments whereby the money owed	44861
the state is to be paid in full within a reasonable period ~~not to~~	44862
~~exceed one year~~;	44863

(2) A provision that the ~~provider may pay the~~ entire balance	44864
owed may be paid at any time during the term of the agreement;	44865

(3) A provision that if any installment is not paid in full	44866
within forty-five days after it is due, the entire balance owed is	44867
immediately due and payable;	44868

(4) Any other terms and conditions that are agreed to by the	44869
department and the ~~provider~~person or government entity.	44870

(B) The department may include a provision in a payment	44871
agreement that requires the ~~provider to pay~~payment of interest on	44872
the money owed the state. The department, in its discretion, shall	44873
determine whether to require the payment of interest and, if it so	44874
requires, the rate of interest. Neither the obligation to pay	44875
interest nor the rate of interest is subject to negotiation	44876
between the department and the ~~provider~~person or government	44877
entity.	44878

(C) If ~~the provider fails to pay~~ any installment is not paid	44879
in full within forty-five days after its due date, the department	44880
shall certify the entire balance owed to the attorney general for	44881
collection under section 131.02 of the Revised Code. ~~The~~To	44882
satisfy a judgment secured by the attorney general, the department	44883
may withhold funds from any payments ~~made~~it makes to a ~~provider~~	44884
~~under section 5123.18 or 5111.252 of the Revised Code to satisfy a~~	44885
~~judgment secured by the attorney general~~person or government	44886
entity.	44887

(D) The purchase of service fund is hereby created. Money	44888
credited to the fund shall be used solely for purposes of section	44889
5123.05 of the Revised Code.	44890

Sec. 5123.19. (A) As used in this section and in sections	44891
5123.191, 5123.194, 5123.196, 5123.197, 5123.198, 5123.1910, and	44892
5123.20 of the Revised Code:	44893

(1)(a) "Residential facility" means a home or facility in	44894
which a mentally retarded or developmentally disabled person	44895
resides, except the home of a relative or legal guardian in which	44896
a mentally retarded or developmentally disabled person resides, a	44897
respite care home certified under section 5126.05 of the Revised	44898
Code, a county home or district home operated pursuant to Chapter	44899
5155. of the Revised Code, or a dwelling in which the only	44900
mentally retarded or developmentally disabled residents are in an	44901
independent living arrangement or are being provided supported	44902
living.	44903

(b) "Intermediate care facility for the mentally retarded"	44904
means a residential facility that is considered an intermediate	44905
care facility for the mentally retarded for the purposes of	44906
Chapter 5111. of the Revised Code.	44907

(2) "Political subdivision" means a municipal corporation,	44908
county, or township.	44909

(3) "Independent living arrangement" means an arrangement in	44910
which a mentally retarded or developmentally disabled person	44911
resides in an individualized setting chosen by the person or the	44912
person's guardian, which is not dedicated principally to the	44913
provision of residential services for mentally retarded or	44914
developmentally disabled persons, and for which no financial	44915
support is received for rendering such service from any	44916
governmental agency by a provider of residential services.	44917

(4) "Supported living" has the same meaning as in section	44918
5126.01 of the Revised Code.	44919

(5) "Licensee" means the person or government agency that has	44920
applied for a license to operate a residential facility and to	44921
which the license was issued under this section.	44922

(B) Every person or government agency desiring to operate a	44923
residential facility shall apply for licensure of the facility to	44924
the director of mental retardation and developmental disabilities	44925
unless the residential facility is subject to section 3721.02,	44926
3722.04, 5103.03, or 5119.20 of the Revised Code. Notwithstanding	44927
Chapter 3721. of the Revised Code, a nursing home that is	44928
certified as an intermediate care facility for the mentally	44929
retarded under Title XIX of the "Social Security Act," 79 Stat.	44930
286 (1965), 42 U.S.C.A. 1396, as amended, shall apply for	44931
licensure of the portion of the home that is certified as an	44932
intermediate care facility for the mentally retarded.	44933

(C) ~~The~~Subject to section 5123.196 of the Revised Code, the	44934
director of mental retardation and developmental disabilities	44935
shall license the operation of residential facilities. An initial	44936
license shall be issued for a period that does not exceed one	44937
year, unless the director denies the license under division (D) of	44938
this section. A license shall be renewed for a period that does	44939
not exceed three years, unless the director refuses to renew the	44940
license under division (D) of this section. The director, when	44941
issuing or renewing a license, shall specify the period for which	44942
the license is being issued or renewed. A license remains valid	44943
for the length of the licensing period specified by the director,	44944
unless the license is terminated, revoked, or voluntarily	44945
surrendered.	44946

(D) If it is determined that an applicant or licensee is not	44947
in compliance with a provision of this chapter that applies to	44948
residential facilities or the rules adopted under such a	44949
provision, the director may deny issuance of a license, refuse to	44950
renew a license, terminate a license, revoke a license, issue an	44951
order for the suspension of admissions to a facility, issue an	44952
order for the placement of a monitor at a facility, issue an order	44953
for the immediate removal of residents, or take any other action	44954
the director considers necessary consistent with the director's	44955
authority under this chapter regarding residential facilities. In	44956
the director's selection and administration of the sanction to be	44957
imposed, all of the following apply:	44958

(1) The director may deny, refuse to renew, or revoke a	44959
license, if the director determines that the applicant or licensee	44960
has demonstrated a pattern of serious noncompliance or that a	44961
violation creates a substantial risk to the health and safety of	44962
residents of a residential facility.	44963

(2) The director may terminate a license if more than twelve	44964
consecutive months have elapsed since the residential facility was	44965
last occupied by a resident or a notice required by division (J)	44966
of this section is not given.	44967

(3) The director may issue an order for the suspension of	44968
admissions to a facility for any violation that may result in	44969
sanctions under division (D)(1) of this section and for any other	44970
violation specified in rules adopted under division (G)(2) of this	44971
section. If the suspension of admissions is imposed for a	44972
violation that may result in sanctions under division (D)(1) of	44973
this section, the director may impose the suspension before	44974
providing an opportunity for an adjudication under Chapter 119. of	44975
the Revised Code. The director shall lift an order for the	44976
suspension of admissions when the director determines that the	44977
violation that formed the basis for the order has been corrected.	44978

(4) The director may order the placement of a monitor at a	44979
residential facility for any violation specified in rules adopted	44980
under division (G)(2) of this section. The director shall lift the	44981
order when the director determines that the violation that formed	44982
the basis for the order has been corrected.	44983

(5) If the director determines that two or more residential	44984
facilities owned or operated by the same person or government	44985
entity are not being operated in compliance with a provision of	44986
this chapter that applies to residential facilities or the rules	44987
adopted under such a provision, and the director's findings are	44988
based on the same or a substantially similar action, practice,	44989
circumstance, or incident that creates a substantial risk to the	44990
health and safety of the residents, the director shall conduct a	44991
survey as soon as practicable at each residential facility owned	44992
or operated by that person or government entity. The director may	44993
take any action authorized by this section with respect to any	44994
facility found to be operating in violation of a provision of this	44995
chapter that applies to residential facilities or the rules	44996
adopted under such a provision.	44997

(6) When the director initiates license revocation	44998
proceedings, no opportunity for submitting a plan of correction	44999
shall be given. The director shall notify the licensee by letter	45000
of the initiation of such proceedings. The letter shall list the	45001
deficiencies of the residential facility and inform the licensee	45002
that no plan of correction will be accepted. The director shall	45003
also notify each affected resident, the resident's guardian if the	45004
resident is an adult for whom a guardian has been appointed, the	45005
resident's parent or guardian if the resident is a minor, and the	45006
county board of mental retardation and developmental disabilities.	45007

(7) Pursuant to rules which shall be adopted in accordance	45008
with Chapter 119. of the Revised Code, the director may order the	45009
immediate removal of residents from a residential facility	45010
whenever conditions at the facility present an immediate danger of	45011
physical or psychological harm to the residents.	45012

(8) In determining whether a residential facility is being	45013
operated in compliance with a provision of this chapter that	45014
applies to residential facilities or the rules adopted under such	45015
a provision, or whether conditions at a residential facility	45016
present an immediate danger of physical or psychological harm to	45017
the residents, the director may rely on information obtained by a	45018
county board of mental retardation and developmental disabilities	45019
or other governmental agencies.	45020

(9) In proceedings initiated to deny, refuse to renew, or	45021
revoke licenses, the director may deny, refuse to renew, or revoke	45022
a license regardless of whether some or all of the deficiencies	45023
that prompted the proceedings have been corrected at the time of	45024
the hearing.	45025

(E) The director shall establish a program under which public	45026
notification may be made when the director has initiated license	45027
revocation proceedings or has issued an order for the suspension	45028
of admissions, placement of a monitor, or removal of residents.	45029
The director shall adopt rules in accordance with Chapter 119. of	45030
the Revised Code to implement this division. The rules shall	45031
establish the procedures by which the public notification will be	45032
made and specify the circumstances for which the notification must	45033
be made. The rules shall require that public notification be made	45034
if the director has taken action against the facility in the	45035
eighteen-month period immediately preceding the director's latest	45036
action against the facility and the latest action is being taken	45037
for the same or a substantially similar violation of a provision	45038
of this chapter that applies to residential facilities or the	45039
rules adopted under such a provision. The rules shall specify a	45040
method for removing or amending the public notification if the	45041
director's action is found to have been unjustified or the	45042
violation at the residential facility has been corrected.	45043

(F)(1) Except as provided in division (F)(2) of this section,	45044
appeals from proceedings initiated to impose a sanction under	45045
division (D) of this section shall be conducted in accordance with	45046
Chapter 119. of the Revised Code.	45047

(2) Appeals from proceedings initiated to order the	45048
suspension of admissions to a facility shall be conducted in	45049
accordance with Chapter 119. of the Revised Code, unless the order	45050
was issued before providing an opportunity for an adjudication, in	45051
which case all of the following apply:	45052

(a) The licensee may request a hearing not later than ten	45053
days after receiving the notice specified in section 119.07 of the	45054
Revised Code.	45055

(b) If a timely request for a hearing is made, the hearing	45056
shall commence not later than thirty days after the department	45057
receives the request.	45058

(c) After commencing, the hearing shall continue	45059
uninterrupted, except for Saturdays, Sundays, and legal holidays,	45060
unless other interruptions are agreed to by the licensee and the	45061
director.	45062

(d) If the hearing is conducted by a hearing examiner, the	45063
hearing examiner shall file a report and recommendations not later	45064
than ten days after the close of the hearing.	45065

(e) Not later than five days after the hearing examiner files	45066
the report and recommendations, the licensee may file objections	45067
to the report and recommendations.	45068

(f) Not later than fifteen days after the hearing examiner	45069
files the report and recommendations, the director shall issue an	45070
order approving, modifying, or disapproving the report and	45071
recommendations.	45072

(g) Notwithstanding the pendency of the hearing, the director	45073
shall lift the order for the suspension of admissions when the	45074
director determines that the violation that formed the basis for	45075
the order has been corrected.	45076

(G) In accordance with Chapter 119. of the Revised Code, the	45077
director shall adopt and may amend and rescind rules for licensing	45078
and regulating the operation of residential facilities, including	45079
intermediate care facilities for the mentally retarded. The rules	45080
for intermediate care facilities for the mentally retarded may	45081
differ from those for other residential facilities. The rules	45082
shall establish and specify the following:	45083

(1) Procedures and criteria for issuing and renewing	45084
licenses, including procedures and criteria for determining the	45085
length of the licensing period that the director must specify for	45086
each license when it is issued or renewed;	45087

(2) Procedures and criteria for denying, refusing to renew,	45088
terminating, and revoking licenses and for ordering the suspension	45089
of admissions to a facility, placement of a monitor at a facility,	45090
and the immediate removal of residents from a facility;	45091

(3) Fees for issuing and renewing licenses;

45092

(4) Procedures for surveying residential facilities;

45093

(5) Requirements for the training of residential facility	45094
personnel;	45095

(6) Classifications for the various types of residential	45096
facilities;	45097

(7) Certification procedures for licensees and management	45098
contractors that the director determines are necessary to ensure	45099
that they have the skills and qualifications to properly operate	45100
or manage residential facilities;	45101

(8) The maximum number of persons who may be served in a	45102
particular type of residential facility;	45103

(9) Uniform procedures for admission of persons to and	45104
transfers and discharges of persons from residential facilities;	45105

(10) Other standards for the operation of residential	45106
facilities and the services provided at residential facilities;	45107

(11) Procedures for waiving any provision of any rule adopted	45108
under this section.	45109

(H) Before issuing a license, the director of the department	45110
or the director's designee shall conduct a survey of the	45111
residential facility for which application is made. The director	45112
or the director's designee shall conduct a survey of each licensed	45113
residential facility at least once during the period the license	45114
is valid and may conduct additional inspections as needed. A	45115
survey includes but is not limited to an on-site examination and	45116
evaluation of the residential facility, its personnel, and the	45117
services provided there.	45118

In conducting surveys, the director or the director's	45119
designee shall be given access to the residential facility; all	45120
records, accounts, and any other documents related to the	45121
operation of the facility; the licensee; the residents of the	45122
facility; and all persons acting on behalf of, under the control	45123
of, or in connection with the licensee. The licensee and all	45124
persons on behalf of, under the control of, or in connection with	45125
the licensee shall cooperate with the director or the director's	45126
designee in conducting the survey.	45127

Following each survey, unless the director initiates a	45128
license revocation proceeding, the director or the director's	45129
designee shall provide the licensee with a report listing any	45130
deficiencies, specifying a timetable within which the licensee	45131
shall submit a plan of correction describing how the deficiencies	45132
will be corrected, and, when appropriate, specifying a timetable	45133
within which the licensee must correct the deficiencies. After a	45134
plan of correction is submitted, the director or the director's	45135
designee shall approve or disapprove the plan. A copy of the	45136
report and any approved plan of correction shall be provided to	45137
any person who requests it.	45138

The director shall initiate disciplinary action against any	45139
department employee who notifies or causes the notification to any	45140
unauthorized person of an unannounced survey of a residential	45141
facility by an authorized representative of the department.	45142

(I) In addition to any other information which may be	45143
required of applicants for a license pursuant to this section and	45144
except as provided in section 5123.1910 of the Revised Code, the	45145
director shall require each applicant to provide a copy of an	45146
approved plan for a proposed residential facility pursuant to	45147
section 5123.042 of the Revised Code. This division does not apply	45148
to renewal of a license.	45149

(J) A licensee shall notify the owner of the building in	45150
which the licensee's residential facility is located of any	45151
significant change in the identity of the licensee or management	45152
contractor before the effective date of the change if the licensee	45153
is not the owner of the building.	45154

Pursuant to rules which shall be adopted in accordance with	45155
Chapter 119. of the Revised Code, the director may require	45156
notification to the department of any significant change in the	45157
ownership of a residential facility or in the identity of the	45158
licensee or management contractor. If the director determines that	45159
a significant change of ownership is proposed, the director shall	45160
consider the proposed change to be an application for development	45161
by a new operator pursuant to section 5123.042 of the Revised Code	45162
and shall advise the applicant within sixty days of such	45163
notification that the current license shall continue in effect or	45164
a new license will be required pursuant to this section. If the	45165
director requires a new license, the director shall permit the	45166
facility to continue to operate under the current license until	45167
the new license is issued, unless the current license is revoked,	45168
refused to be renewed, or terminated in accordance with Chapter	45169
119. of the Revised Code.	45170

(K) A county board of mental retardation and developmental	45171
disabilities, the legal rights service, and any interested person	45172
may file complaints alleging violations of statute or department	45173
rule relating to residential facilities with the department. All	45174
complaints shall be in writing and shall state the facts	45175
constituting the basis of the allegation. The department shall not	45176
reveal the source of any complaint unless the complainant agrees	45177
in writing to waive the right to confidentiality or until so	45178
ordered by a court of competent jurisdiction.	45179

The department shall adopt rules in accordance with Chapter	45180
119. of the Revised Code establishing procedures for the receipt,	45181
referral, investigation, and disposition of complaints filed with	45182
the department under this division.	45183

(L) The department shall establish procedures for the	45184
notification of interested parties of the transfer or interim care	45185
of residents from residential facilities that are closing or are	45186
losing their license.	45187

(M) Before issuing a license under this section to a	45188
residential facility that will accommodate at any time more than	45189
one mentally retarded or developmentally disabled individual, the	45190
director shall, by first class mail, notify the following:	45191

(1) If the facility will be located in a municipal	45192
corporation, the clerk of the legislative authority of the	45193
municipal corporation;	45194

(2) If the facility will be located in unincorporated	45195
territory, the clerk of the appropriate board of county	45196
commissioners and the clerk of the appropriate board of township	45197
trustees.	45198

The director shall not issue the license for ten days after	45199
mailing the notice, excluding Saturdays, Sundays, and legal	45200
holidays, in order to give the notified local officials time in	45201
which to comment on the proposed issuance.	45202

Any legislative authority of a municipal corporation, board	45203
of county commissioners, or board of township trustees that	45204
receives notice under this division of the proposed issuance of a	45205
license for a residential facility may comment on it in writing to	45206
the director within ten days after the director mailed the notice,	45207
excluding Saturdays, Sundays, and legal holidays. If the director	45208
receives written comments from any notified officials within the	45209
specified time, the director shall make written findings	45210
concerning the comments and the director's decision on the	45211
issuance of the license. If the director does not receive written	45212
comments from any notified local officials within the specified	45213
time, the director shall continue the process for issuance of the	45214
license.	45215

(N) Any person may operate a licensed residential facility	45216
that provides room and board, personal care, habilitation	45217
services, and supervision in a family setting for at least six but	45218
not more than eight persons with mental retardation or a	45219
developmental disability as a permitted use in any residential	45220
district or zone, including any single-family residential district	45221
or zone, of any political subdivision. These residential	45222
facilities may be required to comply with area, height, yard, and	45223
architectural compatibility requirements that are uniformly	45224
imposed upon all single-family residences within the district or	45225
zone.	45226

(O) Any person may operate a licensed residential facility	45227
that provides room and board, personal care, habilitation	45228
services, and supervision in a family setting for at least nine	45229
but not more than sixteen persons with mental retardation or a	45230
developmental disability as a permitted use in any multiple-family	45231
residential district or zone of any political subdivision, except	45232
that a political subdivision that has enacted a zoning ordinance	45233
or resolution establishing planned unit development districts may	45234
exclude these residential facilities from such districts, and a	45235
political subdivision that has enacted a zoning ordinance or	45236
resolution may regulate these residential facilities in	45237
multiple-family residential districts or zones as a conditionally	45238
permitted use or special exception, in either case, under	45239
reasonable and specific standards and conditions set out in the	45240
zoning ordinance or resolution to:	45241

(1) Require the architectural design and site layout of the	45242
residential facility and the location, nature, and height of any	45243
walls, screens, and fences to be compatible with adjoining land	45244
uses and the residential character of the neighborhood;	45245

(2) Require compliance with yard, parking, and sign	45246
regulation;	45247

(3) Limit excessive concentration of these residential	45248
facilities.	45249

(P) This section does not prohibit a political subdivision	45250
from applying to residential facilities nondiscriminatory	45251
regulations requiring compliance with health, fire, and safety	45252
regulations and building standards and regulations.	45253

(Q) Divisions (N) and (O) of this section are not applicable	45254
to municipal corporations that had in effect on June 15, 1977, an	45255
ordinance specifically permitting in residential zones licensed	45256
residential facilities by means of permitted uses, conditional	45257
uses, or special exception, so long as such ordinance remains in	45258
effect without any substantive modification.	45259

(R)(1) The director may issue an interim license to operate a	45260
residential facility to an applicant for a license under this	45261
section if either of the following is the case:	45262

(a) The director determines that an emergency exists	45263
requiring immediate placement of persons in a residential	45264
facility, that insufficient licensed beds are available, and that	45265
the residential facility is likely to receive a permanent license	45266
under this section within thirty days after issuance of the	45267
interim license.	45268

(b) The director determines that the issuance of an interim	45269
license is necessary to meet a temporary need for a residential	45270
facility.	45271

(2) To be eligible to receive an interim license, an	45272
applicant must meet the same criteria that must be met to receive	45273
a permanent license under this section, except for any differing	45274
procedures and time frames that may apply to issuance of a	45275
permanent license.	45276

(3) An interim license shall be valid for thirty days and may	45277
be renewed by the director for a period not to exceed one hundred	45278
fifty days.	45279

(4) The director shall adopt rules in accordance with Chapter	45280
119. of the Revised Code as the director considers necessary to	45281
administer the issuance of interim licenses.	45282

(S) Notwithstanding rules adopted pursuant to this section	45283
establishing the maximum number of persons who may be served in a	45284
particular type of residential facility, a residential facility	45285
shall be permitted to serve the same number of persons being	45286
served by the facility on the effective date of such rules or the	45287
number of persons for which the facility is authorized pursuant to	45288
a current application for a certificate of need with a letter of	45289
support from the department of mental retardation and	45290
developmental disabilities and which is in the review process	45291
prior to April 4, 1986.	45292

(T) The director or the director's designee may enter at any	45293
time, for purposes of investigation, any home, facility, or other	45294
structure that has been reported to the director or that the	45295
director has reasonable cause to believe is being operated as a	45296
residential facility without a license issued under this section.	45297

The director may petition the court of common pleas of the	45298
county in which an unlicensed residential facility is located for	45299
an order enjoining the person or governmental agency operating the	45300
facility from continuing to operate without a license. The court	45301
may grant the injunction on a showing that the person or	45302
governmental agency named in the petition is operating a	45303
residential facility without a license. The court may grant the	45304
injunction, regardless of whether the residential facility meets	45305
the requirements for receiving a license under this section.	45306

(U) Except as provided in section 5123.198 of the Revised	45307
Code, whenever a resident of a residential facility is committed	45308
to a state-operated intermediate care facility for the mentally	45309
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	45310
Code, the department shall reduce by one the maximum number of	45311
residents for which the facility is licensed.	45312

Sec. 5123.196. (A) Except as provided in division (E) of this	45313
section, the director of mental retardation and developmental	45314
disabilities shall not issue a license under section 5123.19 of	45315
the Revised Code on or after July 1, 2003, if issuance will result	45316
in there being more beds in all residential facilities licensed	45317
under that section than is permitted under division (B) of this	45318
section.	45319

(B) The maximum number of beds for the purpose of division	45320
(A) of this section shall not exceed ten thousand eight hundred	45321
thirty-eight minus, except as provided in division (C) of this	45322
section, the number of such beds taken out of service on or after	45323
July 1, 2003, pursuant to section 5123.197 of the Revised Code or	45324
because a residential facility license is revoked, terminated, or	45325
not renewed for any reason or is surrendered.	45326

(C) The director is not required to reduce the maximum number	45327
of beds pursuant to division (B) of this section by a bed taken	45328
out of service if the director determines that the bed is needed	45329
to provide services to an individual with mental retardation or a	45330
developmental disability who resided in the residential facility	45331
in which the bed was located.	45332

(D) The director shall maintain an up-to-date written record	45333
of the maximum number of residential facility beds provided for by	45334
division (B) of this section.	45335

(E) If required by section 5123.1910 of the Revised Code to	45336
issue a license under section 5123.19 of the Revised Code, the	45337
director shall issue the license regardless of whether issuance	45338
will result in there being more beds in all residential facilities	45339
licensed under that section than is permitted under division (B)	45340
of this section.	45341

Sec. 5123.197. A licensee shall take out of service as a	45342
residential facility bed any bed located in the facility that is	45343
converted to use for supported living. The number of residential	45344
facility beds a residential facility is licensed to have shall be	45345
reduced by each bed taken out of service under this section.	45346

Sec. 5123.198. (A) Whenever a resident of an intermediate	45347
care facility for the mentally retarded is committed to a	45348
state-operated intermediate care facility for the mentally	45349
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	45350
Code, the department of mental retardation and developmental	45351
disabilities shall reduce by one the number of residents for which	45352
the facility in which the resident resided is licensed, unless the	45353
facility admits an individual who resides in a state-operated	45354
intermediate care facility for the mentally retarded on the date	45355
of the commitment or another individual determined to need the	45356
level of care provided by such a facility and designated by the	45357
department not later than ninety days after the date of the	45358
commitment.	45359

(B) The department of mental retardation and developmental	45360
disabilities may notify the department of job and family services	45361
of any reduction under this section in the number of residents for	45362
which a facility is licensed. On receiving the notice, the	45363
department of job and family services may transfer to the	45364
department of mental retardation and developmental disabilities	45365
the savings in the nonfederal share of medicaid expenditures for	45366
each fiscal year after the year of the commitment to be used for	45367
costs of the resident's care in the state-operated intermediate	45368
care facility for the mentally retarded. In determining the amount	45369
saved, the department of job and family services shall consider	45370
medicaid payments for the remaining residents of the facility in	45371
which the resident resided.	45372

~~Sec. 5111.252.~~ Sec. 5123.199. (A) As used in this section:

45373

(1) "Contractor" means a person or government agency that has	45374
entered into a contract with the department of mental retardation	45375
and developmental disabilities under this section.	45376

(2) "Government agency" and "residential services" have the	45377
same meanings as in section 5123.18 of the Revised Code.	45378

(3) "Intermediate care facility for the mentally retarded"	45379
has the same meaning as in section 5111.20 of the Revised Code.	45380

(4) "Respite care services" has the same meaning as in	45381
section 5123.171 of the Revised Code.	45382

(B) The department of mental retardation and developmental	45383
disabilities may enter into a contract with a person or government	45384
agency to do any of the following:	45385

(1) Provide residential services in an intermediate care	45386
facility for the mentally retarded to an individual who meets the	45387
criteria for admission to such a facility but is not eligible for	45388
assistance under ~~this chapter~~Chapter 5111. of the Revised Code	45389
due to unliquidated assets subject to final probate action;	45390

(2) Provide respite care services in an intermediate care	45391
facility for the mentally retarded;	45392

(3) Provide residential services in a facility for which the	45393
person or government agency has applied for, but has not received,	45394
certification and payment as an intermediate care facility for the	45395
mentally retarded if the person or government agency is making a	45396
good faith effort to bring the facility into compliance with	45397
requirements for certification and payment as an intermediate care	45398
facility for the mentally retarded. In assigning payment amounts	45399
to such contracts, the department shall take into account costs	45400
incurred in attempting to meet certification requirements.	45401

(4) Reimburse an intermediate care facility for the mentally	45402
retarded for costs not otherwise reimbursed under ~~this chapter~~	45403
Chapter 5111. of the Revised Code for clothing for individuals who	45404
are mentally retarded or developmentally disabled. Reimbursement	45405
under such contracts shall not exceed a maximum amount per	45406
individual per year specified in rules that the department shall	45407
adopt in accordance with Chapter 119. of the Revised Code.	45408

(C) The amount paid to a contractor under divisions (B)(1) to	45409
(3) of this section shall not exceed the reimbursement that would	45410
be made under ~~this chapter~~Chapter 5111. of the Revised Code by	45411
the department of job and family services for the same goods and	45412
services.	45413

(D) The department of mental retardation and developmental	45414
disabilities shall adopt rules as necessary to implement this	45415
section, including rules establishing standards and procedures for	45416
the submission of cost reports by contractors and the department's	45417
conduct of audits and reconciliations regarding the contracts. The	45418
rules shall be adopted in accordance with Chapter 119. of the	45419
Revised Code.	45420

Sec. 5123.1910. (A) The director of mental retardation and	45421
developmental disabilities shall issue one or more residential	45422
facility licenses under section 5123.19 of the Revised Code to an	45423
applicant without requiring the applicant to have plans submitted,	45424
reviewed, or approved under section 5123.042 of the Revised Code	45425
for the residential facility if all of the following requirements	45426
are met:	45427

(1) The applicant satisfies the requirements for the license	45428
established by section 5123.19 of the Revised Code and rules	45429
adopted under that section, other than any rule that requires an	45430
applicant for a residential facility license to have plans	45431
submitted, reviewed, or approved under section 5123.042 of the	45432
Revised Code for the residential facility.	45433

(2) The applicant operates at least one residential facility	45434
licensed under section 5123.19 of the Revised Code on the	45435
effective date of this section.	45436

(3) The applicant provides services to individuals with	45437
mental retardation or a developmental disability who have a	45438
chronic, medically complex, or technology-dependent condition that	45439
requires special supervision or care, the majority of whom	45440
received habilitation services from the applicant before attaining	45441
eighteen years of age.	45442

(4) The applicant has created directly or through a corporate	45443
affiliate a research center that has the mission of funding,	45444
promoting, and carrying on scientific research in the public	45445
interest related to individuals with mental retardation or a	45446
developmental disability for the purpose of improving the lives of	45447
such individuals.	45448

(5) If the applicant seeks two or more residential facility	45449
licenses, the residential facilities for which a license is sought	45450
after the effective date of this section are located on the same	45451
or adjoining property sites.	45452

(6) The residential facilities for which the applicant seeks	45453
licensure have not more than eight beds each and forty-eight beds	45454
total.	45455

(7) The applicant, one or more of the applicant's corporate	45456
affiliates, or both employ or contract for, on a full-time basis,	45457
at least one licensed physician who is certified by the American	45458
board of pediatrics or would be eligible for certification from	45459
that board if the physician passed an examination necessary to	45460
obtain certification from that board.	45461

(8) The applicant, one or more of the applicant's corporate	45462
affiliates, or both have educational facilities suitable for the	45463
instruction of individuals under eighteen years of age with mental	45464
retardation or a developmental disability who have a medically	45465
complex or technology-dependent condition.	45466

(9) The applicant has a policy for giving individuals with	45467
mental retardation or a developmental disability who meet all of	45468
the following conditions priority over all others in admissions to	45469
one of the residential facilities licensed under section 5123.19	45470
of the Revised Code that the applicant operates on the effective	45471
date of this section:	45472

(a) Are under eighteen years of age;

45473

(b) Have a chronic, medically complex, or	45474
technology-dependent condition that requires special supervision	45475
or care;	45476

45477

(d) Reside in a nursing home, as defined in section 3721.01	45478
of the Revised Code, or a hospital, as defined in section 3727.01,	45479
prior to being admitted to the residential facility.	45480

(B) The director shall issue one or more residential facility	45481
licenses under section 5123.19 of the Revised Code to an applicant	45482
who meets all of the requirements of this section regardless of	45483
whether the requirements for approval of a plan for a proposed	45484
residential facility established by rules adopted under section	45485
5123.042 of the Revised Code are met.	45486

Sec. 5123.38. (A) Except as provided in division (B) and (C)	45487
of this section, if an individual receiving supported living or	45488
home and community-based services, as defined in section 5126.01	45489
of the Revised Code, funded by a county board of mental	45490
retardation and developmental disabilities is committed to a	45491
state-operated intermediate care facility for the mentally	45492
retarded pursuant to sections 5123.71 to 5123.76 of the Revised	45493
Code, the department of mental retardation and developmental	45494
disabilities shall use the funds otherwise allocated to the county	45495
board as the nonfederal share of medicaid expenditures for the	45496
individual's care in the state-operated facility.	45497

(B) Division (A) of this section does not apply if the county	45498
board, not later than ninety days after the date of the commitment	45499
of a person receiving supported services, commences funding of	45500
supported living for an individual who resides in a state-operated	45501
intermediate care facility for the mentally retarded on the date	45502
of the commitment or another eligible individual designated by the	45503
department.	45504

(C) Division (A) of this section does not apply if the county	45505
board, not later than ninety days after the date of the commitment	45506
of a person receiving home and community-based services, commences	45507
funding of home and community-based services for an individual who	45508
resides in a state-operated intermediate care facility for the	45509
mentally retarded on the date of the commitment or another	45510
eligible individual designated by the department.	45511

Sec. 5123.60. (A) A legal rights service is hereby created	45512
and established to protect and advocate the rights of mentally ill	45513
persons, mentally retarded persons, developmentally disabled	45514
persons, and other disabled persons who may be represented by the	45515
service pursuant to division (L) of this section; to receive and	45516
act upon complaints concerning institutional and hospital	45517
practices and conditions of institutions for mentally retarded or	45518
developmentally disabled persons and hospitals for the mentally	45519
ill; and to assure that all persons detained, hospitalized,	45520
discharged, or institutionalized, and all persons whose detention,	45521
hospitalization, discharge, or institutionalization is sought or	45522
has been sought under this chapter or Chapter 5122. of the Revised	45523
Code are fully informed of their rights and adequately represented	45524
by counsel in proceedings under this chapter or Chapter 5122. of	45525
the Revised Code and in any proceedings to secure the rights of	45526
those persons. Notwithstanding the definitions of "mentally	45527
retarded person" and "developmentally disabled person" in section	45528
5123.01 of the Revised Code, the legal rights service shall	45529
determine who is a mentally retarded or developmentally disabled	45530
person for purposes of this section and sections 5123.601 to	45531
5123.604 of the Revised Code.	45532

(B) In regard to those persons detained, hospitalized, or	45533
institutionalized under Chapter 5122. of the Revised Code, the	45534
legal rights service shall undertake formal representation only of	45535
those persons who are involuntarily detained, hospitalized, or	45536
institutionalized pursuant to sections 5122.10 to 5122.15 of the	45537
Revised Code, and those voluntarily detained, hospitalized, or	45538
institutionalized who are minors, who have been adjudicated	45539
incompetent, who have been detained, hospitalized, or	45540
institutionalized in a public hospital, or who have requested	45541
representation by the legal rights service. If a person referred	45542
to in division (A) of this section voluntarily requests in writing	45543
that the legal rights service terminate participation in the	45544
person's case, such involvement shall cease.	45545

(C) Any person voluntarily hospitalized or institutionalized	45546
in a public hospital under division (A) of section 5122.02 of the	45547
Revised Code, after being fully informed of the person's rights	45548
under division (A) of this section, may, by written request, waive	45549
assistance by the legal rights service if the waiver is knowingly	45550
and intelligently made, without duress or coercion.	45551

The waiver may be rescinded at any time by the voluntary	45552
patient or resident, or by the voluntary patient's or resident's	45553
legal guardian.	45554

(D)(1) The legal rights service commission is hereby created	45555
for the purposes of appointing an administrator of the legal	45556
rights service, advising the administrator, assisting the	45557
administrator in developing a budget, and establishing general	45558
policy guidelines, including guidelines for the commencement and	45559
resolution of litigation, for the legal rights service. The	45560
commission may adopt rules to carry these purposes into effect and	45561
may receive and act upon appeals of personnel decisions by the	45562
administrator.	45563

(2) The commission shall consist of seven members. One	45564
member, who shall serve as chairperson, shall be appointed by the	45565
chief justice of the supreme court, three members shall be	45566
appointed by the speaker of the house of representatives, and	45567
three members shall be appointed by the president of the senate.	45568
At least two members shall have experience in the field of	45569
developmental disabilities, and at least two members shall have	45570
experience in the field of mental health. No member shall be a	45571
provider or related to a provider of services to mentally	45572
retarded, developmentally disabled, or mentally ill persons.	45573

(3) Terms of office of the members of the commission shall be	45574
for three years, each term ending on the same day of the month of	45575
the year as did the term which it succeeds. Each member shall	45576
serve subsequent to the expiration of the member's term until a	45577
successor is appointed and qualifies, or until sixty days has	45578
elapsed, whichever occurs first. No member shall serve more than	45579
two consecutive terms.	45580

All vacancies in the membership of the commission shall be	45581
filled in the manner prescribed for regular appointments to the	45582
commission and shall be limited to the unexpired terms.	45583

(4) The commission shall meet at least four times each year.	45584
Members shall be reimbursed for their necessary and actual	45585
expenses incurred in the performance of their official duties.	45586

(5) The administrator of the legal rights service shall be	45587
~~appointed for a five-year term, subject to removal for mental or~~	45588
~~physical incapacity to perform the duties of the office,~~	45589
~~conviction of violation of any law relating to the administrator's~~	45590
~~powers and duties, or other good cause shown~~serve at the pleasure	45591
of the commission.	45592

The administrator shall be a person who has had special	45593
training and experience in the type of work with which the legal	45594
rights service is charged. If the administrator is not an	45595
attorney, the administrator shall seek legal counsel when	45596
appropriate. The salary of the administrator shall be established	45597
in accordance with section 124.14 of the Revised Code.	45598

(E) The legal rights service shall be completely independent	45599
of the department of mental health and the department of mental	45600
retardation and developmental disabilities and, notwithstanding	45601
section 109.02 of the Revised Code, shall also be independent of	45602
the office of the attorney general. The administrator of the legal	45603
rights service, staff, and attorneys designated by the	45604
administrator to represent persons detained, hospitalized, or	45605
institutionalized under this chapter or Chapter 5122. of the	45606
Revised Code shall have ready access to the following:	45607

(1) During normal business hours and at other reasonable	45608
times, all records relating to expenditures of state and federal	45609
funds or to the commitment, care, treatment, and habilitation of	45610
all persons represented by the legal rights service, including	45611
those who may be represented pursuant to division (L) of this	45612
section, or persons detained, hospitalized, institutionalized, or	45613
receiving services under this chapter or Chapter 340., 5119.,	45614
5122., or 5126. of the Revised Code that are records maintained by	45615
the following entities providing services for those persons:	45616
departments; institutions; hospitals; community residential	45617
facilities; boards of alcohol, drug addiction, and mental health	45618
services; county boards of mental retardation and developmental	45619
disabilities; contract agencies of those boards; and any other	45620
entity providing services to persons who may be represented by the	45621
service pursuant to division (L) of this section;	45622

(2) Any records maintained in computerized data banks of the	45623
departments or boards or, in the case of persons who may be	45624
represented by the service pursuant to division (L) of this	45625
section, any other entity that provides services to those persons;	45626

(3) During their normal working hours, personnel of the	45627
departments, facilities, boards, agencies, institutions,	45628
hospitals, and other service-providing entities;	45629

(4) At any time, all persons detained, hospitalized, or	45630
institutionalized; persons receiving services under this chapter	45631
or Chapter 340., 5119., 5122., or 5126. of the Revised Code; and	45632
persons who may be represented by the service pursuant to division	45633
(L) of this section.	45634

(F) The administrator of the legal rights service shall do	45635
the following:	45636

(1) Administer and organize the work of the legal rights	45637
service and establish administrative or geographic divisions as	45638
the administrator considers necessary, proper, and expedient;	45639

(2) Adopt and promulgate rules that are not in conflict with	45640
rules adopted by the commission and prescribe duties for the	45641
efficient conduct of the business and general administration of	45642
the legal rights service;	45643

(3) Appoint and discharge employees, and hire experts,	45644
consultants, advisors, or other professionally qualified persons	45645
as the administrator considers necessary to carry out the duties	45646
of the legal rights service;	45647

(4) Apply for and accept grants of funds, and accept	45648
charitable gifts and bequests;	45649

(5) Prepare and submit a budget to the general assembly for	45650
the operation of the legal rights service;. At least thirty days	45651
prior to submitting the budget to the general assembly, the	45652
administrator shall provide a copy of the budget to the commission	45653
for review and comment. When submitting the budget to the general	45654
assembly, the administrator shall include a copy of any written	45655
comments returned by the commission to the administrator.	45656

(6) Enter into contracts and make expenditures necessary for	45657
the efficient operation of the legal rights service;	45658

(7) Annually prepare a report of activities and submit copies	45659
of the report to the governor, the chief justice of the supreme	45660
court, the president of the senate, the speaker of the house of	45661
representatives, the director of mental health, and the director	45662
of mental retardation and developmental disabilities, and make the	45663
report available to the public;	45664

(8) Upon request of the commission or of the chairperson of	45665
the commission, report to the commission on specific litigation	45666
issues or activities.	45667

(G)(1) The legal rights service may act directly or contract	45668
with other organizations or individuals for the provision of the	45669
services envisioned under this section.	45670

(2) Whenever possible, the administrator shall attempt to	45671
facilitate the resolution of complaints through administrative	45672
channels. Subject to division (G)(3) of this section, if attempts	45673
at administrative resolution prove unsatisfactory, the	45674
administrator may pursue any legal, administrative, and other	45675
appropriate remedies or approaches that may be necessary to	45676
accomplish the purposes of this section.	45677

(3) The administrator may not pursue a class action lawsuit	45678
under division (G)(2) of this section when attempts at	45679
administrative resolution of a complaint prove unsatisfactory	45680
under that division unless both of the following have first	45681
occurred:	45682

(a) At least four members of the commission, by their	45683
affirmative vote, have consented to the pursuit of the class	45684
action lawsuit;	45685

(b) At least five members of the commission are present at	45686
the meeting of the commission at which that consent is obtained.	45687

(4) Relationships between personnel and the agents of the	45688
legal rights service and its clients shall be fiduciary	45689
relationships, and all communications shall be confidential, as if	45690
between attorney and client.	45691

(5) Any person who has been represented by the legal rights	45692
service or who has applied for and been denied representation and	45693
who files a grievance with the service concerning the	45694
representation or application may appeal the decision of the	45695
service on the grievance to the commission. The person may appeal	45696
notwithstanding any objections of the person's legal guardian. The	45697
commission may examine any records relevant to the appeal and	45698
shall maintain the confidentiality of any records that are	45699
required to be kept confidential.	45700

(H) The legal rights service, on the order of the	45701
administrator, with the approval by an affirmative vote of at	45702
least four members of the commission, may compel by subpoena the	45703
appearance and sworn testimony of any person the administrator	45704
reasonably believes may be able to provide information or to	45705
produce any documents, books, records, papers, or other	45706
information necessary to carry out its duties.	45707

(I) The legal rights service may conduct public hearings.

45708

(J) The legal rights service may request from any	45709
governmental agency any cooperation, assistance, services, or data	45710
that will enable it to perform its duties.	45711

(K) In any malpractice action filed against the administrator	45712
of the legal rights service, a member of the staff of the legal	45713
rights service, or an attorney designated by the administrator to	45714
perform legal services under division (E) of this section, the	45715
state shall, when the administrator, member, or attorney has acted	45716
in good faith and in the scope of employment, indemnify the	45717
administrator, member, or attorney for any judgment awarded or	45718
amount negotiated in settlement, and for any court costs or legal	45719
fees incurred in defense of the claim.	45720

This division does not limit or waive, and shall not be	45721
construed to limit or waive, any defense that is available to the	45722
legal rights service, its administrator or employees, persons	45723
under a personal services contract with it, or persons designated	45724
under division (E) of this section, including, but not limited to,	45725
any defense available under section 9.86 of the Revised Code.	45726

(L) In addition to providing services to mentally ill,	45727
mentally retarded, or developmentally disabled persons, when a	45728
grant authorizing the provision of services to other individuals	45729
is accepted pursuant to division (F)(4) of this section, the legal	45730
rights service and its ombudsperson section may provide advocacy	45731
or ombudsperson services to those other individuals and exercise	45732
any other authority granted by this section or sections 5123.601	45733
to 5123.604 of the Revised Code on behalf of those individuals.	45734
Determinations of whether an individual is eligible for services	45735
under this division shall be made by the legal rights service.	45736

Sec. 5123.801. If neither a discharged resident, nor a	45737
resident granted trial visit, nor the persons requesting the	45738
resident's trial visit or discharge are financially able to bear	45739
the expense of the resident's trial visit or discharge, the	45740
managing officer of an institution under the control of the	45741
department of mental retardation and developmental disabilities	45742
may then provide actual traveling and escort expenses to the	45743
township of which the resident resided at the time of	45744
institutionalization. The amount payable shall be charged to the	45745
current expense fund of the institution.	45746

The expense of the return of a resident on trial visit from	45747
an institution, if it cannot be paid by the responsible relatives,	45748
shall be borne by the county of institutionalization.	45749

~~The managing officer of the institution shall take all proper~~	45750
~~measures for the apprehension of an escaped resident. The expense~~	45751
~~of the return of an escaped resident shall be borne by the~~	45752
~~institution where the resident is institutionalized.~~	45753

The managing officer of the institution shall provide	45754
sufficient and proper clothing for traveling if neither the	45755
resident nor the persons requesting the resident's trial visit or	45756
discharge are financially able to provide that clothing.	45757

Sec. 5123.851. When a resident institutionalized pursuant to	45758
this chapter is discharged from the institution, the managing	45759
officer of the institution may provide the resident with all	45760
personal items that were purchased in implementing the resident's	45761
habilitation plan established pursuant to section 5123.85 of the	45762
Revised Code. The personal items may be provided to the resident,	45763
regardless of the source of the funds that were used to purchase	45764
the items.	45765

Sec. 5126.01. As used in this chapter:

45766

(A) As used in this division, "adult" means an individual who	45767
is eighteen years of age or over and not enrolled in a program or	45768
service under Chapter 3323. of the Revised Code and an individual	45769
sixteen or seventeen years of age who is eligible for adult	45770
services under rules adopted by the director of mental retardation	45771
and developmental disabilities pursuant to Chapter 119. of the	45772
Revised Code.	45773

(1) "Adult services" means services provided to an adult	45774
outside the home, except when they are provided within the home	45775
according to an individual's assessed needs and identified in an	45776
individual service plan, that support learning and assistance in	45777
the area of self-care, sensory and motor development,	45778
socialization, daily living skills, communication, community	45779
living, social skills, or vocational skills.	45780

(2) "Adult services" includes all of the following:

45781

(a) Adult day habilitation services;

45782

(b) Adult day care;

45783

45784

(d) Sheltered employment;

45785

(e) Educational experiences and training obtained through	45786
entities and activities that are not expressly intended for	45787
individuals with mental retardation and developmental	45788
disabilities, including trade schools, vocational or technical	45789
schools, adult education, job exploration and sampling, unpaid	45790
work experience in the community, volunteer activities, and	45791
spectator sports;	45792

(f) Community employment services and supported employment	45793
services.	45794

(B)(1) "Adult day habilitation services" means adult services	45795
that do the following:	45796

(a) Provide access to and participation in typical activities	45797
and functions of community life that are desired and chosen by the	45798
general population, including such activities and functions as	45799
opportunities to experience and participate in community	45800
exploration, companionship with friends and peers, leisure	45801
activities, hobbies, maintaining family contacts, community	45802
events, and activities where individuals without disabilities are	45803
involved;	45804

(b) Provide supports or a combination of training and	45805
supports that afford an individual a wide variety of opportunities	45806
to facilitate and build relationships and social supports in the	45807
community.	45808

(2) "Adult day habilitation services" includes all of the	45809
following:	45810

(a) Personal care services needed to ensure an individual's	45811
ability to experience and participate in vocational services,	45812
educational services, community activities, and any other adult	45813
day habilitation services;	45814

(b) Skilled services provided while receiving adult day	45815
habilitation services, including such skilled services as behavior	45816
management intervention, occupational therapy, speech and language	45817
therapy, physical therapy, and nursing services;	45818

(c) Training and education in self-determination designed to	45819
help the individual do one or more of the following: develop	45820
self-advocacy skills, exercise the individual's civil rights,	45821
acquire skills that enable the individual to exercise control and	45822
responsibility over the services received, and acquire skills that	45823
enable the individual to become more independent, integrated, or	45824
productive in the community;	45825

(d) Recreational and leisure activities identified in the	45826
individual's service plan as therapeutic in nature or assistive in	45827
developing or maintaining social supports;	45828

(e) Counseling and assistance provided to obtain housing,	45829
including such counseling as identifying options for either rental	45830
or purchase, identifying financial resources, assessing needs for	45831
environmental modifications, locating housing, and planning for	45832
ongoing management and maintenance of the housing selected;	45833

(f) Transportation necessary to access adult day habilitation	45834
services;	45835

(g) Habilitation management, as described in section 5126.14	45836
of the Revised Code.	45837

(3) "Adult day habilitation services" does not include	45838
activities that are components of the provision of residential	45839
services, family support services, or supported living services.	45840

(C) "Community employment services" or "supported employment	45841
services" means job training and other services related to	45842
employment outside a sheltered workshop. "Community employment	45843
services" or "supported employment services" include all of the	45844
following:	45845

(1) Job training resulting in the attainment of competitive	45846
work, supported work in a typical work environment, or	45847
self-employment;	45848

(2) Supervised work experience through an employer paid to	45849
provide the supervised work experience;	45850

(3) Ongoing work in a competitive work environment at a wage	45851
commensurate with workers without disabilities;	45852

(4) Ongoing supervision by an employer paid to provide the	45853
supervision.	45854

(D) As used in this division, "substantial functional	45855
limitation," "developmental delay," and "established risk" have	45856
the meanings established pursuant to section 5123.011 of the	45857
Revised Code.	45858

"Developmental disability" means a severe, chronic disability	45859
that is characterized by all of the following:	45860

(1) It is attributable to a mental or physical impairment or	45861
a combination of mental and physical impairments, other than a	45862
mental or physical impairment solely caused by mental illness as	45863
defined in division (A) of section 5122.01 of the Revised Code;	45864

(2) It is manifested before age twenty-two;

45865

(3) It is likely to continue indefinitely;

45866

(4) It results in one of the following:

45867

(a) In the case of a person under age three, at least one	45868
developmental delay or an established risk;	45869

(b) In the case of a person at least age three but under age	45870
six, at least two developmental delays or an established risk;	45871

(c) In the case of a person age six or older, a substantial	45872
functional limitation in at least three of the following areas of	45873
major life activity, as appropriate for the person's age:	45874
self-care, receptive and expressive language, learning, mobility,	45875
self-direction, capacity for independent living, and, if the	45876
person is at least age sixteen, capacity for economic	45877
self-sufficiency.	45878

(5) It causes the person to need a combination and sequence	45879
of special, interdisciplinary, or other type of care, treatment,	45880
or provision of services for an extended period of time that is	45881
individually planned and coordinated for the person.	45882

(E) "Early childhood services" means a planned program of	45883
habilitation designed to meet the needs of individuals with mental	45884
retardation or other developmental disabilities who have not	45885
attained compulsory school age.	45886

(F)(1) "Environmental modifications" means the physical	45887
adaptations to an individual's home, specified in the individual's	45888
service plan, that are necessary to ensure the individual's	45889
health, safety, and welfare or that enable the individual to	45890
function with greater independence in the home, and without which	45891
the individual would require institutionalization.	45892

(2) "Environmental modifications" includes such adaptations	45893
as installation of ramps and grab-bars, widening of doorways,	45894
modification of bathroom facilities, and installation of	45895
specialized electric and plumbing systems necessary to accommodate	45896
the individual's medical equipment and supplies.	45897

(3) "Environmental modifications" does not include physical	45898
adaptations or improvements to the home that are of general	45899
utility or not of direct medical or remedial benefit to the	45900
individual, including such adaptations or improvements as	45901
carpeting, roof repair, and central air conditioning.	45902

(G) "Family support services" means the services provided	45903
under a family support services program operated under section	45904
5126.11 of the Revised Code.	45905

(H) "Habilitation" means the process by which the staff of	45906
the facility or agency assists an individual with mental	45907
retardation or other developmental disability in acquiring and	45908
maintaining those life skills that enable the individual to cope	45909
more effectively with the demands of the individual's own person	45910
and environment, and in raising the level of the individual's	45911
personal, physical, mental, social, and vocational efficiency.	45912
Habilitation includes, but is not limited to, programs of formal,	45913
structured education and training.	45914

(I) "Habilitation center services" means services provided by	45915
a habilitation center certified by the department of mental	45916
retardation and developmental disabilities under section 5123.041	45917
of the Revised Code and covered by the medicaid program pursuant	45918
to rules adopted under section 5111.041 of the Revised Code.	45919

(J) "Home and community-based services" means medicaid-funded	45920
home and community-based services provided under athe medicaid	45921
~~component~~components the department of mental retardation and	45922
developmental disabilities administers pursuant to section	45923
5111.871 of the Revised Code.	45924

(K) "Medicaid" has the same meaning as in section 5111.01 of	45925
the Revised Code.	45926

(L) "Medicaid case management services" means case management	45927
services provided to an individual with mental retardation or	45928
other developmental disability that the state medicaid plan	45929
requires.	45930

(M) "Mental retardation" means a mental impairment manifested	45931
during the developmental period characterized by significantly	45932
subaverage general intellectual functioning existing concurrently	45933
with deficiencies in the effectiveness or degree with which an	45934
individual meets the standards of personal independence and social	45935
responsibility expected of the individual's age and cultural	45936
group.	45937

(N) "Residential services" means services to individuals with	45938
mental retardation or other developmental disabilities to provide	45939
housing, food, clothing, habilitation, staff support, and related	45940
support services necessary for the health, safety, and welfare of	45941
the individuals and the advancement of their quality of life.	45942
"Residential services" includes program management, as described	45943
in section 5126.14 of the Revised Code.	45944

(O) "Resources" means available capital and other assets,	45945
including moneys received from the federal, state, and local	45946
governments, private grants, and donations; appropriately	45947
qualified personnel; and appropriate capital facilities and	45948
equipment.	45949

(P) "Service and support administration" means the duties	45950
performed by a service and support administrator pursuant to	45951
section 5126.15 of the Revised Code.	45952

(Q)(1) "Specialized medical, adaptive, and assistive	45953
equipment, supplies, and supports" means equipment, supplies, and	45954
supports that enable an individual to increase the ability to	45955
perform activities of daily living or to perceive, control, or	45956
communicate within the environment.	45957

(2) "Specialized medical, adaptive, and assistive equipment,	45958
supplies, and supports" includes the following:	45959

(a) Eating utensils, adaptive feeding dishes, plate guards,	45960
mylatex straps, hand splints, reaches, feeder seats, adjustable	45961
pointer sticks, interpreter services, telecommunication devices	45962
for the deaf, computerized communications boards, other	45963
communication devices, support animals, veterinary care for	45964
support animals, adaptive beds, supine boards, prone boards,	45965
wedges, sand bags, sidelayers, bolsters, adaptive electrical	45966
switches, hand-held shower heads, air conditioners, humidifiers,	45967
emergency response systems, folding shopping carts, vehicle lifts,	45968
vehicle hand controls, other adaptations of vehicles for	45969
accessibility, and repair of the equipment received.	45970

(b) Nondisposable items not covered by medicaid that are	45971
intended to assist an individual in activities of daily living or	45972
instrumental activities of daily living.	45973

(R) "Supportive home services" means a range of services to	45974
families of individuals with mental retardation or other	45975
developmental disabilities to develop and maintain increased	45976
acceptance and understanding of such persons, increased ability of	45977
family members to teach the person, better coordination between	45978
school and home, skills in performing specific therapeutic and	45979
management techniques, and ability to cope with specific	45980
situations.	45981

(S)(1) "Supported living" means services provided for as long	45982
as twenty-four hours a day to an individual with mental	45983
retardation or other developmental disability through any public	45984
or private resources, including moneys from the individual, that	45985
enhance the individual's reputation in community life and advance	45986
the individual's quality of life by doing the following:	45987

(a) Providing the support necessary to enable an individual	45988
to live in a residence of the individual's choice, with any number	45989
of individuals who are not disabled, or with not more than three	45990
individuals with mental retardation and developmental disabilities	45991
unless the individuals are related by blood or marriage;	45992

(b) Encouraging the individual's participation in the	45993
community;	45994

45995

(d) Assisting the individual in acquiring, retaining, and	45996
improving the skills and competence necessary to live successfully	45997
in the individual's residence.	45998

(2) "Supported living" includes the provision of all of the	45999
following:	46000

(a) Housing, food, clothing, habilitation, staff support,	46001
professional services, and any related support services necessary	46002
to ensure the health, safety, and welfare of the individual	46003
receiving the services;	46004

(b) A combination of life-long or extended-duration	46005
supervision, training, and other services essential to daily	46006
living, including assessment and evaluation and assistance with	46007
the cost of training materials, transportation, fees, and	46008
supplies;	46009

46010

(d) Household maintenance that does not include modifications	46011
to the physical structure of the residence;	46012

(e) Respite care services;

46013

(f) Program management, as described in section 5126.14 of	46014
the Revised Code.	46015

Sec. 5126.042. (A) As used in this section:

46016

~~(1) "Emergency"~~, "emergency" means any situation that	46017
creates for an individual with mental retardation or developmental	46018
disabilities a risk of substantial self-harm or substantial harm	46019
to others if action is not taken within thirty days. An	46020
"emergency" may include one or more of the following situations:	46021

~~(a)~~(1) Loss of present residence for any reason, including	46022
legal action;	46023

~~(b)~~(2) Loss of present caretaker for any reason, including	46024
serious illness of the caretaker, change in the caretaker's	46025
status, or inability of the caretaker to perform effectively for	46026
the individual;	46027

~~(c)~~(3) Abuse, neglect, or exploitation of the individual;

46028

~~(d)~~(4) Health and safety conditions that pose a serious risk	46029
to the individual or others of immediate harm or death;	46030

~~(e)~~(5) Change in the emotional or physical condition of the	46031
individual that necessitates substantial accommodation that cannot	46032
be reasonably provided by the individual's existing caretaker.	46033

~~(2) "Medicaid" has the same meaning as in section 5111.01 of~~	46034
~~the Revised Code.~~	46035

(B) If a county board of mental retardation and developmental	46036
disabilities determines that available resources are not	46037
sufficient to meet the needs of all individuals who request	46038
programs and services and may be offered the programs and	46039
services, it shall establish waiting lists for services. The board	46040
may establish priorities for making placements on its waiting	46041
lists according to an individual's emergency status and shall	46042
establish priorities in accordance with ~~division~~divisions (D) and	46043
(E) of this section.	46044

The individuals who may be placed on a waiting list include	46045
individuals with a need for services on an emergency basis and	46046
individuals who have requested services for which resources are	46047
not available.	46048

Except for an individual who is to receive priority for	46049
services pursuant to division (D)(3) of this section, an	46050
individual who currently receives a service but would like to	46051
change to another service shall not be placed on a waiting list	46052
but shall be placed on a service substitution list. The board	46053
shall work with the individual, service providers, and all	46054
appropriate entities to facilitate the change in service as	46055
expeditiously as possible. The board may establish priorities for	46056
making placements on its service substitution lists according to	46057
an individual's emergency status.	46058

In addition to maintaining waiting lists and service	46059
substitution lists, a board shall maintain a long-term service	46060
planning registry for individuals who wish to record their	46061
intention to request in the future a service they are not	46062
currently receiving. The purpose of the registry is to enable the	46063
board to document requests and to plan appropriately. The board	46064
may not place an individual on the registry who meets the	46065
conditions for receipt of services on an emergency basis.	46066

(C) A county board shall establish a separate waiting list	46067
for each of the following categories of services, and may	46068
establish separate waiting lists within the waiting lists:	46069

(1) Early childhood services;

46070

(2) Educational programs for preschool and school age	46071
children;	46072

(3) Adult services;

46073

(4) Service and support administration;

46074

(5) Residential services and supported living;

46075

(6) Transportation services;

46076

(7) Other services determined necessary and appropriate for	46077
persons with mental retardation or a developmental disability	46078
according to their individual habilitation or service plans;	46079

(8) Family support services provided under section 5126.11 of	46080
the Revised Code.	46081

(D) Except as provided in division ~~(F)~~(G) of this section, a	46082
county board shall do, as priorities, all of the following in	46083
accordance with the assessment component, approved under section	46084
5123.046 of the Revised Code, of the county board's plan developed	46085
under section 5126.054 of the Revised Code:	46086

(1) For the purpose of obtaining additional federal medicaid	46087
funds for home and community-based services, medicaid case	46088
management services, and habilitation center services, do both of	46089
the following:	46090

(a) Give an individual who is eligible for home and	46091
community-based services and meets both of the following	46092
requirements priority over any other individual on a waiting list	46093
established under division (C) of this section for home and	46094
community-based services that include supported living,	46095
residential services, or family support services:	46096

(i) Is twenty-two years of age or older;

46097

(ii) Receives supported living or family support services.

46098

(b) Give an individual who is eligible for home and	46099
community-based services and meets both of the following	46100
requirements priority over any other individual on a waiting list	46101
established under division (C) of this section for home and	46102
community-based services that include adult services:	46103

(i) Resides in the individual's own home or the home of the	46104
individual's family and will continue to reside in that home after	46105
enrollment in home and community-based services;	46106

(ii) Receives adult services from the county board.

46107

(2) As federal medicaid funds become available pursuant to	46108
division (D)(1) of this section, give an individual who is	46109
eligible for home and community-based services and meets any of	46110
the following requirements priority for such services over any	46111
other individual on a waiting list established under division (C)	46112
of this section:	46113

(a) Does not receive residential services or supported	46114
living, either needs services in the individual's current living	46115
arrangement or will need services in a new living arrangement, and	46116
has a primary caregiver who is sixty years of age or older;	46117

(b) Is less than twenty-two years of age and has at least one	46118
of the following service needs that are unusual in scope or	46119
intensity:	46120

(i) Severe behavior problems for which a behavior support	46121
plan is needed;	46122

(ii) An emotional disorder for which anti-psychotic	46123
medication is needed;	46124

(iii) A medical condition that leaves the individual	46125
dependent on life-support medical technology;	46126

(iv) A condition affecting multiple body systems for which a	46127
combination of specialized medical, psychological, educational, or	46128
habilitation services are needed;	46129

(v) A condition the county board determines to be comparable	46130
in severity to any condition described in division (D)(2)(b)(i) to	46131
(iv) of this section and places the individual at significant risk	46132
of institutionalization.	46133

(c) Is twenty-two years of age or older, does not receive	46134
residential services or supported living, and is determined by the	46135
county board to have intensive needs for home and community-based	46136
services on an in-home or out-of-home basis.	46137

(3) In fiscal years 2002 and 2003, give an individual who is	46138
eligible for home and community-based services, resides in an	46139
intermediate care facility for the mentally retarded or nursing	46140
facility, chooses to move to another setting with the help of home	46141
and community-based services, and has been determined by the	46142
department of mental retardation and developmental disabilities to	46143
be capable of residing in the other setting, priority over any	46144
other individual on a waiting list established under division (C)	46145
of this section for home and community-based services who does not	46146
meet these criteria. The department of mental retardation and	46147
developmental disabilities shall identify the individuals to	46148
receive priority under division (D)(3) of this section, assess the	46149
needs of the individuals, and notify the county boards that are to	46150
provide the individuals priority under division (D)(3) of this	46151
section of the individuals identified by the department and the	46152
individuals' assessed needs.	46153

(E) Except as provided in division (G) of this section and	46154
for a number of years and beginning on a date specified in rules	46155
adopted under division (K) of this section, a county board shall	46156
give an individual who is eligible for home and community-based	46157
services, resides in a nursing facility, chooses to move to	46158
another setting with the help of home and community-based	46159
services, and has been determined by the department of mental	46160
retardation and developmental disabilities to be capable of	46161
residing in the other setting, priority over any other individual	46162
on a waiting list established under division (C) of this section	46163
for home and community-based services who does not meet these	46164
criteria.	46165

(F) If two or more individuals on a waiting list established	46166
under division (C) of this section for home and community-based	46167
services have priority for the services pursuant to division	46168
(D)(1) or (2) or (E) of this section, a county board may use,	46169
until December 31, 2003, criteria specified in rules adopted under	46170
division ~~(J)~~(K)(2) of this section in determining the order in	46171
which the individuals with priority will be offered the services.	46172
Otherwise, the county board shall offer the home and	46173
community-based services to such individuals in the order they are	46174
placed on the waiting list.	46175

~~(F)~~(G)(1) No individual may receive priority for services	46176
pursuant to division (D) or (E) of this section over an individual	46177
placed on a waiting list established under division (C) of this	46178
section on an emergency status.	46179

(2) No more than four hundred individuals in the state may	46180
receive priority for services during the 2002 and 2003 biennium	46181
pursuant to division (D)(2)(b) of this section.	46182

(3) No more than a total of seventy-five individuals in the	46183
state may receive priority for services during state fiscal years	46184
2002 and 2003 pursuant to division (D)(3) of this section.	46185

~~(G)~~(4) No more than forty individuals in the state may	46186
receive priority for services pursuant to division (E) of this	46187
section for each year that priority category is in effect as	46188
specified in rules adopted under division (K) of this section.	46189

(H) Prior to establishing any waiting list under this	46190
section, a county board shall develop and implement a policy for	46191
waiting lists that complies with this section and rules adopted	46192
under division ~~(J)~~(K) of this section.	46193

Prior to placing an individual on a waiting list, the county	46194
board shall assess the service needs of the individual in	46195
accordance with all applicable state and federal laws. The county	46196
board shall place the individual on the appropriate waiting list	46197
and may place the individual on more than one waiting list. The	46198
county board shall notify the individual of the individual's	46199
placement and position on each waiting list on which the	46200
individual is placed.	46201

At least annually, the county board shall reassess the	46202
service needs of each individual on a waiting list. If it	46203
determines that an individual no longer needs a program or	46204
service, the county board shall remove the individual from the	46205
waiting list. If it determines that an individual needs a program	46206
or service other than the one for which the individual is on the	46207
waiting list, the county board shall provide the program or	46208
service to the individual or place the individual on a waiting	46209
list for the program or service in accordance with the board's	46210
policy for waiting lists.	46211

When a program or service for which there is a waiting list	46212
becomes available, the county board shall reassess the service	46213
needs of the individual next scheduled on the waiting list to	46214
receive that program or service. If the reassessment demonstrates	46215
that the individual continues to need the program or service, the	46216
board shall offer the program or service to the individual. If it	46217
determines that an individual no longer needs a program or	46218
service, the county board shall remove the individual from the	46219
waiting list. If it determines that an individual needs a program	46220
or service other than the one for which the individual is on the	46221
waiting list, the county board shall provide the program or	46222
service to the individual or place the individual on a waiting	46223
list for the program or service in accordance with the board's	46224
policy for waiting lists. The county board shall notify the	46225
individual of the individual's placement and position on the	46226
waiting list on which the individual is placed.	46227

~~(H)~~(I) A child subject to a determination made pursuant to	46228
section 121.38 of the Revised Code who requires the home and	46229
community-based services provided through ~~the~~a medicaid component	46230
that the department of mental retardation and developmental	46231
disabilities administers under section 5111.871 of the Revised	46232
Code shall receive services through that medicaid component. For	46233
all other services, a child subject to a determination made	46234
pursuant to section 121.38 of the Revised Code shall be treated as	46235
an emergency by the county boards and shall not be subject to a	46236
waiting list.	46237

~~(I)~~(J) Not later than the fifteenth day of March of each	46238
even-numbered year, each county board shall prepare and submit to	46239
the director of mental retardation and developmental disabilities	46240
its recommendations for the funding of services for individuals	46241
with mental retardation and developmental disabilities and its	46242
proposals for reducing the waiting lists for services.	46243

~~(J)~~(K)(1) The department of mental retardation and	46244
developmental disabilities shall adopt rules in accordance with	46245
Chapter 119. of the Revised Code governing waiting lists	46246
established under this section. The rules shall include procedures	46247
to be followed to ensure that the due process rights of	46248
individuals placed on waiting lists are not violated.	46249

(2) As part of the rules adopted under this division, the	46250
department shall adopt~~, not later than December 31, 2001,~~ rules	46251
establishing criteria a county board may use under division ~~(E)~~(F)	46252
of this section in determining the order in which individuals with	46253
priority for home and community-based services will be offered the	46254
services. The rules shall also specify conditions under which a	46255
county board, when there is no individual with priority for home	46256
and community-based services pursuant to division (D)(1) or (2) or	46257
(E) of this section available and appropriate for the services,	46258
may offer the services to an individual on a waiting list for the	46259
services but not given such priority for the services. The rules	46260
adopted under division ~~(J)~~(K)(2) of this section shall cease to	46261
have effect December 31, 2003.	46262

~~(K)~~(3) As part of the rules adopted under this division, the	46263
department shall adopt rules specifying both of the following for	46264
the priority category established under division (E) of this	46265
section:	46266

(a) The number of years, which shall not exceed five, that	46267
the priority category will be in effect;	46268

(b) The date that the priority category is to go into effect.

46269

(L) The following shall take precedence over the applicable	46270
provisions of this section:	46271

(1) Medicaid rules and regulations;

46272

(2) Any specific requirements that may be contained within a	46273
medicaid state plan amendment or waiver program that a county	46274
board has authority to administer or with respect to which it has	46275
authority to provide services, programs, or supports.	46276

Sec. 5126.12. (A) As used in this section:

46277

(1) "Approved school age class" means a class operated by a	46278
county board of mental retardation and developmental disabilities	46279
and funded by the department of education under section 3317.20 of	46280
the Revised Code.	46281

(2) "Approved preschool unit" means a class or unit operated	46282
by a county board of mental retardation and developmental	46283
disabilities and approved ~~by the state board of education~~ under	46284
division (B) of section 3317.05 of the Revised Code.	46285

(3) "Active treatment" means a continuous treatment program,	46286
which includes aggressive, consistent implementation of a program	46287
of specialized and generic training, treatment, health services,	46288
and related services, that is directed toward the acquisition of	46289
behaviors necessary for an individual with mental retardation or	46290
other developmental disability to function with as much	46291
self-determination and independence as possible and toward the	46292
prevention of deceleration, regression, or loss of current optimal	46293
functional status.	46294

(4) "Eligible for active treatment" means that an individual	46295
with mental retardation or other developmental disability resides	46296
in an intermediate care facility for the mentally retarded	46297
certified under Title XIX of the "Social Security Act," 4979	46298
Stat. ~~620~~286 (~~1935~~1965), 42 U.S.C. ~~301~~1396, as amended; resides	46299
in a state institution operated by the department of mental	46300
retardation and developmental disabilities; or is enrolled in a	46301
home and community-based services waiver program ~~administered by~~	46302
~~the department of mental retardation and developmental~~	46303
~~disabilities as part of the medical assistance program established~~	46304
~~under section 5111.01 of the Revised Code~~.	46305

(5) "Community alternative funding system" means the program	46306
under which habilitation center services are reimbursed under the	46307
medicaid program pursuant to section 5111.041 of the Revised Code	46308
and rules adopted under that section.	46309

(6) "Traditional adult services" means vocational and	46310
nonvocational activities conducted within a sheltered workshop or	46311
adult activity center or supportive home services.	46312

(B) Each county board of mental retardation and developmental	46313
disabilities shall certify to the director of mental retardation	46314
and developmental disabilities all of the following:	46315

(1) On or before the fifteenth day of October, the average	46316
daily membership for the first full week of programs and services	46317
during October receiving:	46318

(a) Early childhood services provided pursuant to section	46319
5126.05 of the Revised Code for children who are less than three	46320
years of age on the thirtieth day of September of the academic	46321
year;	46322

(b) Special education for handicapped children in approved	46323
school age classes;	46324

(c) Adult services for persons sixteen years of age and older	46325
operated pursuant to section 5126.05 and division (B) of section	46326
5126.051 of the Revised Code. Separate counts shall be made for	46327
the following:	46328

(i) Persons enrolled in traditional adult services who are	46329
eligible for but not enrolled in active treatment under the	46330
community alternative funding system;	46331

(ii) Persons enrolled in traditional adult services who are	46332
eligible for and enrolled in active treatment under the community	46333
alternative funding system;	46334

(iii) Persons enrolled in traditional adult services but who	46335
are not eligible for active treatment under the community	46336
alternative funding system;	46337

(iv) Persons participating in community employment services.	46338
To be counted as participating in community employment services, a	46339
person must have spent an average of no less than ten hours per	46340
week in that employment during the preceding six months.	46341

(d) Other programs in the county for individuals with mental	46342
retardation and developmental disabilities that have been approved	46343
for payment of subsidy by the department of mental retardation and	46344
developmental disabilities.	46345

The membership in each such program and service in the county	46346
shall be reported on forms prescribed by the department of mental	46347
retardation and developmental disabilities.	46348

The department of mental retardation and developmental	46349
disabilities shall adopt rules defining full-time equivalent	46350
enrollees and for determining the average daily membership	46351
therefrom, except that certification of average daily membership	46352
in approved school age classes shall be in accordance with rules	46353
adopted by the state board of education. The average daily	46354
membership figure shall be determined by dividing the amount	46355
representing the sum of the number of enrollees in each program or	46356
service in the week for which the certification is made by the	46357
number of days the program or service was offered in that week. No	46358
enrollee may be counted in average daily membership for more than	46359
one program or service.	46360

(2) By the fifteenth day of December, the number of children	46361
enrolled in approved preschool units on the first day of December;	46362

(3) On or before the thirtieth day of March, an itemized	46363
report of all income and operating expenditures for the	46364
immediately preceding calendar year, in the format specified by	46365
the department of mental retardation and developmental	46366
disabilities;	46367

(4) By the fifteenth day of February, a report of the total	46368
annual cost per enrollee for operation of programs and services in	46369
the preceding calendar year. The report shall include a grand	46370
total of all programs operated, the cost of the individual	46371
programs, and the sources of funds applied to each program.	46372

(5) That each required certification and report is in	46373
accordance with rules established by the department of mental	46374
retardation and developmental disabilities and the state board of	46375
education for the operation and subsidization of the programs and	46376
services.	46377

(C) To compute payments under this section to the board for	46378
the fiscal year, the department of mental retardation and	46379
developmental disabilities shall use the certification of average	46380
daily membership required by division (B)(1) of this section	46381
exclusive of the average daily membership in any approved school	46382
age class and the number in any approved preschool unit.	46383

(D) The department shall pay each county board for each	46384
fiscal year an amount equal to nine hundred fifty dollars times	46385
the certified number of persons who on the first day of December	46386
of the academic year are under three years of age and are not in	46387
an approved preschool unit. For persons who are at least age	46388
sixteen and are not in an approved school age class, the	46389
department shall pay each county board for each fiscal year the	46390
following amounts:	46391

(1) One thousand dollars times the certified average daily	46392
membership of persons enrolled in traditional adult services who	46393
are eligible for but not enrolled in active treatment under the	46394
community alternative funding system;	46395

(2) One thousand two hundred dollars times the certified	46396
average daily membership of persons enrolled in traditional adult	46397
services who are eligible for and enrolled in active treatment	46398
under the community alternative funding system;	46399

(3) No less than one thousand five hundred dollars times the	46400
certified average daily membership of persons enrolled in	46401
traditional adult services but who are not eligible for active	46402
treatment under the community alternative funding system;	46403

(4) No less than one thousand five hundred dollars times the	46404
certified average daily membership of persons participating in	46405
community employment services.	46406

(E) The department shall distribute this subsidy to county	46407
boards in semiannual installments of equal amounts. The	46408
installments shall be made not later than the thirty-first day of	46409
August and the thirty-first day of January.	46410

(F) The director of mental retardation and developmental	46411
disabilities shall make efforts to obtain increases in the	46412
subsidies for early childhood services and adult services so that	46413
the amount of the subsidies is equal to at least fifty per cent of	46414
the statewide average cost of those services minus any applicable	46415
federal reimbursements for those services. The director shall	46416
advise the director of budget and management of the need for any	46417
such increases when submitting the biennial appropriations request	46418
for the department.	46419

(G) In determining the reimbursement of a county board for	46420
the provision of service and support administration, family	46421
support services, and other services required or approved by the	46422
director for which children three through twenty-one years of age	46423
are eligible, the department shall include the average daily	46424
membership in approved school age or preschool units. The	46425
department, in accordance with this section and upon receipt and	46426
approval of the certification required by this section and any	46427
other information it requires to enable it to determine a board's	46428
payments, shall pay the agency providing the specialized training	46429
the amounts payable under this section.	46430

Sec. 5139.01. (A) As used in this chapter:

46431

(1) "Commitment" means the transfer of the physical custody	46432
of a child or youth from the court to the department of youth	46433
services.	46434

(2) "Permanent commitment" means a commitment that vests	46435
legal custody of a child in the department of youth services.	46436

(3) "Legal custody," insofar as it pertains to the status	46437
that is created when a child is permanently committed to the	46438
department of youth services, means a legal status in which the	46439
department has the following rights and responsibilities: the	46440
right to have physical possession of the child; the right and duty	46441
to train, protect, and control the child; the responsibility to	46442
provide the child with food, clothing, shelter, education, and	46443
medical care; and the right to determine where and with whom the	46444
child shall live, subject to the minimum periods of, or periods	46445
of, institutional care prescribed in sections 2152.13 to 2152.18	46446
of the Revised Code; provided, that these rights and	46447
responsibilities are exercised subject to the powers, rights,	46448
duties, and responsibilities of the guardian of the person of the	46449
child, and subject to any residual parental rights and	46450
responsibilities.	46451

(4) Unless the context requires a different meaning,	46452
"institution" means a state facility that is created by the	46453
general assembly and that is under the management and control of	46454
the department of youth services or a private entity with which	46455
the department has contracted for the institutional care and	46456
custody of felony delinquents.	46457

(5) "Full-time care" means care for twenty-four hours a day	46458
for over a period of at least two consecutive weeks.	46459

(6) "Placement" means the conditional release of a child	46460
under the terms and conditions that are specified by the	46461
department of youth services. The department shall retain legal	46462
custody of a child released pursuant to division (C) of section	46463
2152.22 of the Revised Code or division (C) of section 5139.06 of	46464
the Revised Code until the time that it discharges the child or	46465
until the legal custody is terminated as otherwise provided by	46466
law.	46467

(7) "Home placement" means the placement of a child in the	46468
home of the child's parent or parents or in the home of the	46469
guardian of the child's person.	46470

(8) "Discharge" means that the department of youth services'	46471
legal custody of a child is terminated.	46472

(9) "Release" means the termination of a child's stay in an	46473
institution and the subsequent period during which the child	46474
returns to the community under the terms and conditions of	46475
supervised release.	46476

(10) "Delinquent child" has the same meaning as in section	46477
2152.02 of the Revised Code.	46478

(11) "Felony delinquent" means any child who is at least	46479
twelve years of age but less than eighteen years of age and who is	46480
adjudicated a delinquent child for having committed an act that if	46481
committed by an adult would be a felony. "Felony delinquent"	46482
includes any adult who is between the ages of eighteen and	46483
twenty-one and who is in the legal custody of the department of	46484
youth services for having committed an act that if committed by an	46485
adult would be a felony.	46486

(12) "Juvenile traffic offender" has the same meaning as in	46487
section 2152.02 of the Revised Code.	46488

(13) "Public safety beds" means all of the following:

46489

(a) Felony delinquents who have been committed to the	46490
department of youth services for the commission of an act, other	46491
than a violation of section 2911.01 or 2911.11 of the Revised	46492
Code, that is a category one offense or a category two offense and	46493
who are in the care and custody of an institution or have been	46494
diverted from care and custody in an institution and placed in a	46495
community corrections facility;	46496

(b) Felony delinquents who, while committed to the department	46497
of youth services and in the care and custody of an institution or	46498
a community corrections facility, are adjudicated delinquent	46499
children for having committed in that institution or community	46500
corrections facility an act that if committed by an adult would be	46501
a felony;	46502

46503

(i) They are at least twelve years of age but less than	46504
eighteen years of age.	46505

(ii) They are adjudicated delinquent children for having	46506
committed acts that if committed by an adult would be a felony.	46507

(iii) They are committed to the department of youth services	46508
by the juvenile court of a county that has had one-tenth of one	46509
per cent or less of the statewide adjudications for felony	46510
delinquents as averaged for the past four fiscal years.	46511

(iv) They are in the care and custody of an institution or a	46512
community corrections facility.	46513

(d) Felony delinquents who, while committed to the department	46514
of youth services and in the care and custody of an institution,	46515
commit in that institution an act that if committed by an adult	46516
would be a felony, who are serving disciplinary time for having	46517
committed that act, and who have been institutionalized or	46518
institutionalized in a secure facility for the minimum period of	46519
time specified in divisions (A)(1)(b) to (e) of section 2152.16 of	46520
the Revised Code.	46521

(e) Felony delinquents who are subject to and serving a	46522
three-year period of commitment order imposed by a juvenile court	46523
pursuant to divisions (A) and (B) of section 2152.17 of the	46524
Revised Code for an act, other than a violation of section 2911.11	46525
of the Revised Code, that would be a category one offense or	46526
category two offense if committed by an adult.	46527

(f) Felony delinquents who are described in divisions	46528
(A)(13)(a) to (e) of this section, who have been granted a	46529
judicial release to court supervision under division (B) of	46530
section 2152.22 of the Revised Code or a judicial release to the	46531
department of youth services supervision under division (C) of	46532
that section from the commitment to the department of youth	46533
services for the act described in divisions (A)(13)(a) to (e) of	46534
this section, who have violated the terms and conditions of that	46535
release, and who, pursuant to an order of the court of the county	46536
in which the particular felony delinquent was placed on release	46537
that is issued pursuant to division (D) of section 2152.22 of the	46538
Revised Code, have been returned to the department for	46539
institutionalization or institutionalization in a secure facility.	46540

(g) Felony delinquents who have been committed to the custody	46541
of the department of youth services, who have been granted	46542
supervised release from the commitment pursuant to section 5139.51	46543
of the Revised Code, who have violated the terms and conditions of	46544
that supervised release, and who, pursuant to an order of the	46545
court of the county in which the particular child was placed on	46546
supervised release issued pursuant to division (F) of section	46547
5139.52 of the Revised Code, have had the supervised release	46548
revoked and have been returned to the department for	46549
institutionalization. A felony delinquent described in this	46550
division shall be a public safety bed only for the time during	46551
which the felony delinquent is institutionalized as a result of	46552
the revocation subsequent to the initial thirty-day period of	46553
institutionalization required by division (F) of section 5139.52	46554
of the Revised Code.	46555

(14) "State target youth" means twenty-five per cent of the	46556
projected total number of felony delinquents for each year of a	46557
biennium, factoring in revocations and recommitments.	46558

(15) Unless the context requires a different meaning,	46559
"community corrections facility" means a county or multicounty	46560
rehabilitation center for felony delinquents who have been	46561
committed to the department of youth services and diverted from	46562
care and custody in an institution and placed in the	46563
rehabilitation center pursuant to division (E) of section 5139.36	46564
of the Revised Code.	46565

(16) "Secure facility" means any facility that is designed	46566
and operated to ensure that all of its entrances and exits are	46567
under the exclusive control of its staff and to ensure that,	46568
because of that exclusive control, no child who has been	46569
institutionalized in the facility may leave the facility without	46570
permission or supervision.	46571

(17) "Community residential program" means a program that	46572
satisfies both of the following:	46573

(a) It is housed in a building or other structure that has no	46574
associated major restraining construction, including, but not	46575
limited to, a security fence.	46576

(b) It provides twenty-four-hour care, supervision, and	46577
programs for felony delinquents who are in residence.	46578

(18) "Category one offense" and "category two offense" have	46579
the same meanings as in section 2151.26 of the Revised Code.	46580

(19) "Disciplinary time" means additional time that the	46581
department of youth services requires a felony delinquent to serve	46582
in an institution, that delays the person's or felony delinquent's	46583
planned release, and that the department imposes upon the person	46584
or felony delinquent following the conduct of an internal due	46585
process hearing for having committed any of the following acts	46586
while committed to the department and in the care and custody of	46587
an institution:	46588

(a) An act that if committed by an adult would be a felony;

46589

(b) An act that if committed by an adult would be a	46590
misdemeanor;	46591

(c) An act that is not described in division (A)(19)(a) or	46592
(b) of this section and that violates an institutional rule of	46593
conduct of the department.	46594

(20) "Unruly child" has the same meaning as in section	46595
2151.022 of the Revised Code.	46596

(21) "Revocation" means the act of revoking a child's	46597
supervised release for a violation of a term or condition of the	46598
child's supervised release in accordance with section 5139.52 of	46599
the Revised Code.	46600

(22) "Release authority" means the release authority of the	46601
department of youth services that is established by section	46602
5139.50 of the Revised Code.	46603

(23) "Supervised release" means the event of the release of a	46604
child under this chapter from an institution and the period after	46605
that release during which the child is supervised and assisted by	46606
an employee of the department of youth services under specific	46607
terms and conditions for reintegration of the child into the	46608
community.	46609

(24) "Victim" means the person identified in a police report,	46610
complaint, or information as the victim of an act that would have	46611
been a criminal offense if committed by an adult and that provided	46612
the basis for adjudication proceedings resulting in a child's	46613
commitment to the legal custody of the department of youth	46614
services.	46615

(25) "Victim's representative" means a member of the victim's	46616
family or another person whom the victim or another authorized	46617
person designates in writing, pursuant to section 5139.56 of the	46618
Revised Code, to represent the victim with respect to proceedings	46619
of the release authority of the department of youth services and	46620
with respect to other matters specified in that section.	46621

(26) "Member of the victim's family" means a spouse, child,	46622
stepchild, sibling, parent, stepparent, grandparent, other	46623
relative, or legal guardian of a child but does not include a	46624
person charged with, convicted of, or adjudicated a delinquent	46625
child for committing a criminal or delinquent act against the	46626
victim or another criminal or delinquent act arising out of the	46627
same conduct, criminal or delinquent episode, or plan as the	46628
criminal or delinquent act committed against the victim.	46629

(27) "Judicial release to court supervision" means a release	46630
of a child from institutional care or institutional care in a	46631
secure facility that is granted by a court pursuant to division	46632
(B) of section 2152.22 of the Revised Code during the period	46633
specified in that division.	46634

(28) "Judicial release to department of youth services	46635
supervision" means a release of a child from institutional care or	46636
institutional care in a secure facility that is granted by a court	46637
pursuant to division (C) of section 2152.22 of the Revised Code	46638
during the period specified in that division.	46639

(29) "Juvenile justice system" includes all of the functions	46640
of the juvenile courts, the department of youth services, any	46641
public or private agency whose purposes include the prevention of	46642
delinquency or the diversion, adjudication, detention, or	46643
rehabilitation of delinquent children, and any of the functions of	46644
the criminal justice system that are applicable to children.	46645

(30) "Metropolitan county criminal justice services agency"	46646
means an agency that is established pursuant to division (A) of	46647
section ~~181.54~~109.983 of the Revised Code.	46648

(31) "Administrative planning district" means a district that	46649
is established pursuant to division (A) or (B) of section 181.56	46650
of the Revised Code.	46651

(32) "Criminal justice coordinating council" means a criminal	46652
justice services agency that is established pursuant to division	46653
(D) of section ~~181.56~~109.985 of the Revised Code.	46654

(33) "Comprehensive plan" means a document that coordinates,	46655
evaluates, and otherwise assists, on an annual or multi-year	46656
basis, all of the functions of the juvenile justice systems of the	46657
state or a specified area of the state, that conforms to the	46658
priorities of the state with respect to juvenile justice systems,	46659
and that conforms with the requirements of all federal criminal	46660
justice acts. These functions include, but are not limited to, all	46661
of the following:	46662

(a) Delinquency;

46663

(b) Identification, detection, apprehension, and detention of	46664
persons charged with delinquent acts;	46665

(c) Assistance to crime victims or witnesses, except that the	46666
comprehensive plan does not include the functions of the attorney	46667
general pursuant to sections 109.91 and 109.92 of the Revised	46668
Code;	46669

(d) Adjudication or diversion of persons charged with	46670
delinquent acts;	46671

(e) Custodial treatment of delinquent children;

46672

(f) Institutional and noninstitutional rehabilitation of	46673
delinquent children.	46674

(B) There is hereby created the department of youth services.	46675
The governor shall appoint the director of the department with the	46676
advice and consent of the senate. The director shall hold office	46677
during the term of the appointing governor but subject to removal	46678
at the pleasure of the governor. Except as otherwise authorized in	46679
section 108.05 of the Revised Code, the director shall devote the	46680
director's entire time to the duties of the director's office and	46681
shall hold no other office or position of trust or profit during	46682
the director's term of office.	46683

The director is the chief executive and administrative	46684
officer of the department and has all the powers of a department	46685
head set forth in Chapter 121. of the Revised Code. The director	46686
may adopt rules for the government of the department, the conduct	46687
of its officers and employees, the performance of its business,	46688
and the custody, use, and preservation of the department's	46689
records, papers, books, documents, and property. The director	46690
shall be an appointing authority within the meaning of Chapter	46691
124. of the Revised Code. Whenever this or any other chapter or	46692
section of the Revised Code imposes a duty on or requires an	46693
action of the department, the duty or action shall be performed by	46694
the director or, upon the director's order, in the name of the	46695
department.	46696

Sec. 5139.36. (A) In accordance with this section and the	46697
rules adopted under it and from funds appropriated to the	46698
department of youth services for the purposes of this section, the	46699
department shall make grants that provide financial resources to	46700
operate community corrections facilities for felony delinquents.	46701

(B)(1) Each community corrections facility that intends to	46702
seek a grant under this section shall file an application with the	46703
department of youth services at the time and in accordance with	46704
the procedures that the department shall establish by rules	46705
adopted in accordance with Chapter 119. of the Revised Code. In	46706
addition to other items required to be included in the	46707
application, a plan that satisfies both of the following shall be	46708
included:	46709

(a) It reduces the number of felony delinquents committed to	46710
the department from the county or counties associated with the	46711
community corrections facility.	46712

(b) It ensures equal access for minority felony delinquents	46713
to the programs and services for which a potential grant would be	46714
used.	46715

(2) The department of youth services shall review each	46716
application submitted pursuant to division (B)(1) of this section	46717
to determine whether the plan described in that division, the	46718
community corrections facility, and the application comply with	46719
this section and the rules adopted under it.	46720

(C) To be eligible for a grant under this section and for	46721
continued receipt of moneys comprising a grant under this section,	46722
a community corrections facility shall satisfy at least all of the	46723
following requirements:	46724

(1) Be constructed, reconstructed, improved, or financed by	46725
the Ohio building authority pursuant to section 307.021 of the	46726
Revised Code and Chapter 152. of the Revised Code for the use of	46727
the department of youth services and be designated as a community	46728
corrections facility;	46729

(2) Have written standardized criteria governing the types of	46730
felony delinquents that are eligible for the programs and services	46731
provided by the facility;	46732

(3) Have a written standardized intake screening process and	46733
an intake committee that at least performs both of the following	46734
tasks:	46735

(a) Screens all eligible felony delinquents who are being	46736
considered for admission to the facility in lieu of commitment to	46737
the department;	46738

(b) Notifies, within ten days after the date of the referral	46739
of a felony delinquent to the facility, the committing court	46740
whether the felony delinquent will be admitted to the facility.	46741

(4) Comply with all applicable fiscal and program rules that	46742
the department adopts in accordance with Chapter 119. of the	46743
Revised Code and demonstrate that felony delinquents served by the	46744
facility have been or will be diverted from a commitment to the	46745
department.	46746

(D) The department of youth services shall determine the	46747
method of distribution of the funds appropriated for grants under	46748
this section to community corrections facilities.	46749

(E) ~~With the consent of a committing court and of a community~~	46750
~~corrections facility that has received a grant under this section,~~	46751
~~the department of youth services may place in that facility a~~	46752
~~felony delinquent who has been committed to the department. During~~	46753
~~the period in which the felony delinquent is in that facility, the~~	46754
~~felony delinquent~~(1) The department of youth services shall adopt	46755
rules in accordance with Chapter 119. of the Revised Code to	46756
establish the minimum occupancy threshold of community corrections	46757
facilities.	46758

(2) The department may make referrals for the placement of	46759
children in its custody to a community corrections facility if the	46760
community corrections facility is not meeting the minimum	46761
occupancy threshold established by the department. At least	46762
forty-five days prior to the referral of a child, the department	46763
shall notify the committing court of its intent to place the child	46764
in a community corrections facility. The court shall have thirty	46765
days after the receipt of the notice to approve or disapprove the	46766
placement. If the court does not respond to the notice of the	46767
placement within that thirty-day period, the department shall	46768
proceed with the placement and debit the county in accordance with	46769
sections 5139.41 to 5139.45 of the Revised Code. A child placed in	46770
a community corrections facility pursuant to this division shall	46771
remain in the legal custody of the department of youth services	46772
during the period in which the child is in the community	46773
corrections facility.	46774

(3) Counties that are not associated with a community	46775
corrections facility may refer children to a community corrections	46776
facility with the consent of the facility. The department of youth	46777
services shall debit the county that makes the referral in	46778
accordance with sections 5139.41 to 5139.45 of the Revised Code.	46779

(F) If the board or other governing body of a community	46780
corrections facility establishes an advisory board, the board or	46781
other governing authority of the community corrections facility	46782
shall reimburse the members of the advisory board for their actual	46783
and necessary expenses incurred in the performance of their	46784
official duties on the advisory board. The members of advisory	46785
boards shall serve without compensation.	46786

Sec. 5139.87. (A) The department of youth services shall	46787
serve as the state agent for the administration of all federal	46788
juvenile justice grants awarded to the state.	46789

(B) There are hereby created in the state treasury the	46790
federal juvenile justice programs funds. A separate fund shall be	46791
established each federal fiscal year. All federal grants and other	46792
moneys received for federal juvenile programs shall be deposited	46793
into the funds. All receipts deposited into the funds shall be	46794
used for federal juvenile programs. All investment earnings on the	46795
cash balance in a federal juvenile program fund shall be credited	46796
to that fund for the appropriate federal fiscal year.	46797

(C) All rules, orders, and determinations of the office of	46798
criminal justice services regarding the administration of federal	46799
juvenile justice grants that are in effect on the effective date	46800
of this amendment shall continue in effect as rules, orders, and	46801
determinations of the department of youth services.	46802

Sec. 5153.163. (A) As used in this section, "adoptive	46803
parent" means, as the context requires, a prospective adoptive	46804
parent or an adoptive parent.	46805

(B)(1) IfBefore a child's adoption is finalized, a public	46806
children services agency ~~considers a child with special needs~~	46807
~~residing in the county served by the agency to be in need of~~	46808
~~public care or protective services and all of the following apply,~~	46809
~~the agency~~ shall enter into an agreement with the child's adoptive	46810
parent ~~before the child is adopted~~ under which the agency shall	46811
make state adoption maintenance subsidy payments as needed on	46812
behalf of the child when all of the following apply:	46813

(a) The child is a child with special needs.

46814

(b) The child was placed in the adoptive home by a public	46815
children services agency or a private child placing agency and may	46816
legally be adopted.	46817

(c) The adoptive parent has the capability of providing the	46818
permanent family relationships needed by the child ~~in all areas~~	46819
~~except financial need as determined by the agency;~~.	46820

~~(b)~~(d) The needs of the child are beyond the economic	46821
resources of the adoptive parent ~~as determined by the agency;~~.	46822

~~(c) The agency determines the acceptance~~(e) Acceptance of	46823
the child as a member of the adoptive parent's family would not be	46824
in the child's best interest without payments on the child's	46825
behalf under this section.	46826

~~(2) Payments to an adoptive parent under division (B) of this~~	46827
~~section shall include medical, surgical, psychiatric,~~	46828
~~psychological, and counseling expenses, and may include~~	46829
~~maintenance costs if necessary and other costs incidental to the~~	46830
~~care of the child. No payment of maintenance costs shall be made~~	46831
~~under division (B) of this section on behalf of a child if either~~	46832
~~of the following apply:~~	46833

~~(a)~~(f) The gross income of the adoptive parent's family	46834
~~exceeds~~does not exceed one hundred twenty per cent of the median	46835
income of a family of the same size, including the child, as most	46836
recently determined for this state by the secretary of health and	46837
human services under Title XX of the "Social Security Act," 88	46838
Stat. 2337, 42 U.S.C.A. 1397, as amended;.	46839

~~(b)~~(g) The child is not eligible for adoption assistance	46840
payments ~~for maintenance costs~~ under Title IV-E of the "Social	46841
Security Act," 94 Stat. 501 (1980), 42 U.S.C.A. 671, as amended.	46842

(2) State adoption maintenance subsidy payment agreements	46843
must be made by either the public children services agency that	46844
has permanent custody of the child or the public children services	46845
agency of the county in which the private child placing agency	46846
that has permanent custody of the child is located.	46847

(3) State adoption maintenance subsidy payments shall be made	46848
in accordance with the agreement between the public children	46849
services agency and the adoptive parent and are subject to an	46850
annual redetermination of need.	46851

(4) Payments under this division ~~(B) of this section~~ may	46852
begin either before or after issuance of the final adoption	46853
decree, except that payments made before issuance of the final	46854
adoption decree may be made only while the child is living in the	46855
adoptive parent's home. Preadoption payments may be made for not	46856
more than twelve months, unless the final adoption decree is not	46857
issued within that time because of a delay in court proceedings.	46858
Payments that begin before issuance of the final adoption decree	46859
may continue after its issuance.	46860

(C)(1) If, after the child's adoption is finalized, a public	46861
children services agency considers a child residing in the county	46862
served by the agency to be in need of public care or protective	46863
services and both of the following apply, the agency may, ~~and~~ to	46864
the extent state funds are appropriated for this purpose ~~shall~~,	46865
enter into an agreement with the child's adoptive parent ~~after the~~	46866
~~child is adopted~~ under which the agency shall make post adoption	46867
special services subsidy payments on behalf of the child as	46868
needed:	46869

~~(1)~~(a) The child has a physical or developmental handicap or	46870
mental or emotional condition that either:	46871

~~(a)~~(i) Existed before the adoption petition was filed;

46872

~~(b)~~(ii) Developed after the adoption petition was filed and	46873
can be directly attributed to factors in the child's preadoption	46874
background, medical history, or biological family's background or	46875
medical history.	46876

~~(2)~~(b) The agency determines the expenses necessitated by the	46877
child's handicap or condition are beyond the adoptive parent's	46878
economic resources.	46879

~~Payments to an adoptive parent~~(2) Services for which a	46880
public children services agency may make post adoption special	46881
services subsidy payments on behalf of a child under this division	46882
shall include medical, surgical, psychiatric, psychological, and	46883
counseling ~~expenses~~services, including residential treatment.	46884

(3) The department of job and family services shall establish	46885
clinical standards to evaluate a child's physical or developmental	46886
handicap or mental or emotional condition and assess the child's	46887
need for services.	46888

(4) The total dollar value of post adoption special services	46889
subsidy payments made on a child's behalf shall not exceed ten	46890
thousand dollars in any fiscal year, unless the department	46891
determines that extraordinary circumstances exist that necessitate	46892
further funding of services for the child. Under such	46893
extraordinary circumstances, the value of the payments made on the	46894
child's behalf shall not exceed fifteen thousand dollars in any	46895
fiscal year.	46896

(5) The adoptive parent or parents of a child who receives	46897
post adoption special services subsidy payments shall pay at least	46898
five per cent of the total cost of all services provided to the	46899
child.	46900

(6) A public children services agency may use other sources	46901
of revenue to make post adoption special services subsidy	46902
payments, in addition to any state funds appropriated for that	46903
purpose.	46904

(D) No payment shall be made under division (B) or (C) of	46905
this section on behalf of any person eighteen years of age or	46906
older or, if mentally or physically handicapped, twenty-one years	46907
of age or older. ~~Payments under those divisions shall be made in~~	46908
~~accordance with the terms of the agreement between the public~~	46909
~~children services agency and the adoptive parent, subject to an~~	46910
~~annual redetermination of need. The agency may use sources of~~	46911
~~funding in addition to any state funds appropriated for the~~	46912
~~purposes of those divisions.~~	46913

(E) The director of job and family services shall adopt rules	46914
in accordance with Chapter 119. of the Revised Code that are	46915
needed to implement this section. The rules shall establish all of	46916
the following:	46917

(1) The application process for ~~payments~~all forms of	46918
assistance provided under this section;	46919

(2) The method to determine the ~~amounts and kinds~~amount of	46920
assistance payable under division (B) of this section;	46921

(3) The definition of "child with special needs" for this	46922
section;	46923

(4) The process whereby a child's continuing need for	46924
services provided under division (B) of this section is annually	46925
redetermined;	46926

(5) The method of determining the amount, duration, and scope	46927
of services provided to a child under division (C) of this	46928
section;	46929

(6) Any other rule, requirement, or procedure the department	46930
considers appropriate for the implementation of this section.	46931

~~The rules shall allow for payments for children placed by~~	46932
~~nonpublic agencies.~~	46933

~~(E)~~(F) The state adoption special services subsidy program	46934
ceases to exist on July 1, 2004, except that, subject to the	46935
findings of the annual redetermination process established under	46936
division (E) of this section and the child's individual need for	46937
services, a public children services agency may continue to	46938
provide state adoption special services subsidy payments on behalf	46939
of a child for whom payments were being made prior to July 1,	46940
2004.	46941

(G) No public children services agency shall, pursuant to	46942
either section 2151.353 or 5103.15 of the Revised Code, place or	46943
maintain a child with special needs who is in the permanent	46944
custody of an institution or association certified by the	46945
department of job and family services under section 5103.03 of the	46946
Revised Code in a setting other than with a person seeking to	46947
adopt the child, unless the agency has determined and redetermined	46948
at intervals of not more than six months the impossibility of	46949
adoption by a person listed pursuant to division (B), (C), or (D)	46950
of section 5103.154 of the Revised Code, including the	46951
impossibility of entering into a payment agreement with such a	46952
person. The agency so maintaining such a child shall report its	46953
reasons for doing so to the department of job and family services.	46954
~~No agency that fails to so determine, redetermine, and report~~	46955
~~shall receive more than fifty per cent of the state funds to which~~	46956
~~it would otherwise be eligible for that part of the fiscal year~~	46957
~~following placement under section 5101.14 of the Revised Code.~~	46958

The department may take any action permitted under section	46959
5101.24 of the Revised Code for an agency's failure to determine,	46960
redetermine, and report on a child's status.	46961

Sec. 5153.60. (A) The department of job and family services	46962
shall establish a statewide program that provides ~~the~~all of the	46963
following:	46964

(1) The training section 5153.122 of the Revised Code	46965
requires public children services agency caseworkers and	46966
supervisors to complete~~. The program may also provide the~~;	46967

(2) The preplacement and continuing training described in	46968
sections 5103.034, 5103.039, 5103.0310, and 5103.0311 of the	46969
Revised Code that foster caregivers are required by sections	46970
5103.031, 5103.032, and 5103.033 of the Revised Code to obtain.	46971
~~The~~;	46972

(3) The education programs for adoption assessors required by	46973
section 3107.014 of the Revised Code.	46974

(B) The training described in division (A)(3) of this section	46975
shall be conducted in accordance with rules adopted under section	46976
3107.015 of the Revised Code.	46977

(C) The program established pursuant to division (A) of this	46978
section shall be called the "Ohio child welfare training program."	46979

Sec. 5153.69. The training program steering committee shall	46980
monitor and evaluate the Ohio child welfare training program to	46981
ensure the following:	46982

(A) That the Ohio child welfare training program is a	46983
competency-based training system that satisfies the training	46984
requirements for public children services agency caseworkers and	46985
supervisors under section 5153.122 of the Revised Code;	46986

(B) That~~, if~~ the Ohio child welfare training program provides	46987
preplacement or continuing training for foster caregivers~~, it~~as	46988
required by section 5153.60 of the Revised Code that meets the	46989
~~same~~ requirements ~~that~~ preplacement training programs and	46990
continuing training programs must meet pursuant to section	46991
5103.038 of the Revised Code to obtain approval by the department	46992
of job and family services, except that the Ohio child welfare	46993
training program is not required to obtain department approval.	46994

Sec. 5153.72. Prior to the beginning of the fiscal biennium	46995
that first follows ~~the effective date of this section~~October 5,	46996
2000, the public children services agencies of Athens, Cuyahoga,	46997
Franklin, Greene, Guernsey, Hamilton, Lucas, and Summit counties	46998
shall each establish and maintain a regional training center. At	46999
any time after the beginning of that biennium, the department of	47000
job and family services, on the recommendation of the training	47001
program steering committee, may direct a public children services	47002
agency to establish and maintain a training center to replace the	47003
center established by an agency under this section. There may be	47004
no more and no less than eight centers in existence at any time.	47005
The department may make a grant to a public children services	47006
agency that establishes and maintains a regional training center	47007
under this section for the purpose of wholly or partially	47008
subsidizing the operation of the center.	47009

Sec. 5153.78. (A) As used in this section:

47010

(1) "Title IV-B" means Title IV-B of the "Social Security Act	47011
of 1967," 81 Stat. 821, 42 U.S.C. 620, as amended.	47012

(2) "Title IV-E" means Title IV-E of the "Social Security	47013
Act," 94 Stat. 501, 42 U.S.C. 670(1980).	47014

(3) "Title XX" has the same meaning as in section 5101.46 of	47015
the Revised Code.	47016

(B) For purposes of adequately funding the Ohio child welfare	47017
training program, the department of job and family services may	47018
use any of the following:	47019

(1) The federal financial participation funds withheld	47020
pursuant to division ~~(D)~~(E) of section 5101.141 of the Revised	47021
Code in an amount determined by the department;	47022

(2) Funds available under Title XX, Title IV-B, and Title	47023
IV-E to pay for training costs;	47024

(3) Other available state or federal funds.

47025

Sec. 5310.15. On filing an application for registration, the	47026
applicant shall pay to the clerk of the probate court or the clerk	47027
of the court of common pleas ten dollars, which is full payment	47028
for all clerk's fees and charges in such proceeding on behalf of	47029
the applicant. Any defendant, except a guardian ad litem, on	47030
entering ~~his~~an appearance by filing a pleading of any kind, shall	47031
pay to the clerk five dollars, which is full payment for all	47032
clerk's fees on behalf of such defendant. When any number of	47033
defendants enter their appearance at the same time in one pleading	47034
by filing a pleading of any kind, one fee shall be paid.	47035

Every required publication in a newspaper shall be paid for	47036
by the party on whose application the order of publication is	47037
made, in addition to the fees prescribed in the first paragraph of	47038
this section. The party at whose request, or on whose behalf, any	47039
notice is issued, shall pay for the service of such notice except	47040
when such notice is sent by mail by the clerk or the county	47041
recorder.	47042

Examiners of titles shall receive for examining title or	47043
original reference, and making report on all matters arising under	47044
the application, including final certificate as to all necessary	47045
parties being made and properly brought before the probate court	47046
or the court of common pleas, and as to the proceedings being	47047
regular and legal, one half of one per cent of the appraised tax	47048
value, the fee in no case to be less than seventy-five or more	47049
than two hundred fifty dollars, for each separate and distinct	47050
parcel of land included in the application although made up of	47051
more than one tract.	47052

Upon a reference to an examiner of titles or to any other	47053
person upon a hearing to take evidence and make report to the	47054
court, the fee of the referee shall be fixed by the court at not	47055
more than fifteen dollars per day for the time actually employed.	47056

For a certificate of an examiner of titles that all necessary	47057
parties are before the court, and the proceedings are regular and	47058
legal in a suit for partition, foreclosure of mortgage,	47059
marshalling of liens, or other suit or proceeding affecting the	47060
title of any interest in, or lien or charge upon registered lands,	47061
the fees shall be fixed by the court, and shall not be more than	47062
twenty-five dollars for each separate and distinct parcel of land	47063
included in the petition or application although such parcel is	47064
made up of more than one tract.	47065

Guardians for the suit in original registration shall receive	47066
three dollars when there is no contest in which the guardian	47067
participates. In other cases such guardians shall receive such	47068
fees as the court fixes, but not more than twenty-five dollars.	47069

For certifying pending suits, judgments, liens, attachments,	47070
executions, or levies, the officers certifying them to the	47071
recorder shall receive a fee of twenty-five cents to be paid by	47072
the party interested and taxed in the costs of the case.	47073

For serving summons, notice, or other paper provided for in	47074
sections 5309.02 to 5310.21 of the Revised Code, the sheriff or	47075
other officer shall receive the same fees as in other similar	47076
cases.	47077

The recorder shall receive the following fees, to include	47078
base fees for services and housing trust fund fees pursuant to	47079
section 317.36 of the Revised Code:	47080

(A) For original registration of title, issuing duplicate	47081
certificate, entering memorials and memorandums, as directed by	47082
the decree, and indexing it, a base fee of thirty dollars and a	47083
housing trust fund fee of thirty dollars;	47084

(B) For examining and registering each transfer of registered	47085
land, including the filing of all papers therewith, entering	47086
memorials, issuing new duplicate certificate of title and indexing	47087
it, a base fee of thirty dollars and a housing trust fund fee of	47088
thirty dollars for the first distinct body or parcel of land	47089
contained in such certificate, and a base fee of two dollars and a	47090
housing trust fund fee of two dollars for each additional distinct	47091
body or parcel of land contained in such certificate;	47092

(C) For filing, examining, and entering a memorial of each	47093
mortgage or lease, upon registered land, and indexing it, for each	47094
separately registered parcel, a base fee of ten dollars and a	47095
housing trust fund fee of ten dollars;	47096

(D) For filing, examining, and entering a memorial of each	47097
lien, charge, or demand upon registered land, and indexing it, for	47098
each separately registered parcel of land, a base fee of five	47099
dollars and a housing trust fund fee of five dollars;	47100

(E) For cancellation of any memorial or memorandum, a base	47101
fee of five dollars and a housing trust fund fee of five dollars;	47102
for entry of change of address, or notice of dower, for each	47103
separately registered parcel, a base fee of five dollars and a	47104
housing trust fund fee of five dollars;	47105

(F) For each certified copy of a registered certificate, or	47106
issuing a mortgagee's duplicate certificate, or issuing a new	47107
owner's duplicate certificate to replace one which has been lost	47108
or destroyed, a base fee of fifteen dollars and a housing trust	47109
fund fee of fifteen dollars;	47110

(G) For filing, examining, and entering a memorial of each	47111
release, assignment, or waiver of priority of a mortgage, lease,	47112
lien, charge, or demand upon registered land and indexing it, for	47113
each separately registered parcel, a base fee of five dollars and	47114
a housing trust fund fee of five dollars;	47115

(H) For filing, examining, and entering a memorial of each	47116
official certificate of pending suit, judgment, lien, attachment,	47117
execution, or levy, upon registered land and indexing it, for each	47118
separately registered parcel, a base fee of five dollars and a	47119
housing trust fund fee of five dollars;	47120

(I) For continuing an owner's duplicate certificate, or	47121
mortgagee's duplicate certificate and entering and certifying	47122
memorials and notations thereon, a base fee of five dollars and a	47123
housing trust fund fee of five dollars;	47124

(J) For certificate as to taxes and special assessments, for	47125
each separately registered parcel, a base fee of ten dollars and a	47126
housing trust fund fee of ten dollars;	47127

(K) For filing, recording, and indexing any papers or	47128
instruments other than those provided in this section, any	47129
certified copy of record, or of any instrument on file in ~~his~~the	47130
recorder's office, the same fees allowed by law for like services;	47131

(L) For issuing subpoenas and notices and swearing witnesses,	47132
the same fees allowed the clerk for like services.	47133

Costs as provided in this section may be taxed and by the	47134
court ordered to be paid by the parties in such manner as is just.	47135

Sec. 5501.03. (A) The department of transportation shall:

47136

(1) Exercise and perform such other duties, powers, and	47137
functions as are conferred by law on the director, the department,	47138
the assistant directors, the deputy directors, or on the divisions	47139
of the department;	47140

(2) Coordinate and develop, in cooperation with local,	47141
regional, state, and federal planning agencies and authorities,	47142
comprehensive and balanced state policy and planning to meet	47143
present and future needs for adequate transportation facilities in	47144
this state, including recommendations for adequate funding of the	47145
implementation of such planning;	47146

(3) Coordinate its activities with those of other appropriate	47147
state departments, public agencies, and authorities, and enter	47148
into any contracts with such departments, agencies, and	47149
authorities as may be necessary to carry out its duties, powers,	47150
and functions;	47151

(4) Cooperate with and assist the public utilities commission	47152
in the commission's administration of sections 4907.47 to 4907.476	47153
of the Revised Code, particularly with respect to the federal	47154
highway administration.	47155

(5) Give particular consideration to the development of	47156
policy and planning for public transportation facilities, and to	47157
the coordination of associated activities relating thereto, as	47158
prescribed under divisions (A)(2) and (3) of this section;	47159

(6) Conduct, in cooperation with the Ohio legislative service	47160
commission, any studies or comparisons of state traffic laws and	47161
local traffic ordinances with model laws and ordinances that may	47162
be required to meet program standards adopted by the United States	47163
department of transportation pursuant to the "Highway Safety Act	47164
of 1966," 80 Stat. 731, U.S.C.A. 401;	47165

(7) Prepare, print, distribute, and advertise books, maps,	47166
pamphlets, and other information that, in the judgment of the	47167
director, will inform the public and other governmental	47168
departments, agencies, and authorities as to the duties, powers,	47169
and functions of the department;	47170

(8) In its research and development program, consider	47171
technologies for improving roadways, including construction	47172
techniques and materials to prolong project life, being used or	47173
developed by other states that have geographic, geologic, or	47174
climatic features similar to this state's, and collaborate with	47175
those states in that development.	47176

Nothing contained in division (A)(1) of this section shall be	47177
held to in any manner affect, limit, restrict, or otherwise	47178
interfere with the exercise of powers relating to transportation	47179
facilities by appropriate agencies of the federal government, or	47180
by counties, municipal corporations, or other political	47181
subdivisions or special districts in this state authorized by law	47182
to exercise such powers.	47183

(B) The department may use all appropriate sources of revenue	47184
to assist in the development and implementation of rail service as	47185
defined by division (C) of section ~~4981.01~~5507.01 of the Revised	47186
Code.	47187

(C) The director of transportation may enter into contracts	47188
with public agencies including political subdivisions, other state	47189
agencies, boards, commissions, regional transit authorities,	47190
county transit boards, and port authorities, to administer the	47191
design, qualification of bidders, competitive bid letting,	47192
construction inspection, and acceptance of any projects	47193
administered by the department, provided the administration of	47194
such projects is performed in accordance with all applicable state	47195
and federal laws and regulations with oversight by the department.	47196

Sec. 5502.13. The department of public safety shall maintain	47197
an investigative unit in order to conduct investigations and other	47198
enforcement activity authorized by Chapters 4301., 4303., 5101.,	47199
5107., ~~and~~ 5108., and 5115. and sections 2903.12, 2903.13,	47200
2903.14, 2907.09, 2913.46, 2917.11, 2921.13, 2921.31, 2921.32,	47201
2921.33, 2923.12, 2923.121, 2925.11, 2925.13, 2927.02, and	47202
4507.30~~, and 5115.03~~ of the Revised Code. The director of public	47203
safety shall appoint the employees of the unit who are necessary,	47204
designate the activities to be performed by those employees, and	47205
prescribe their titles and duties.	47206

~~Sec. 4981.01.~~ Sec. 5507.01. As used in sections ~~4981.01~~5507.01 to	47207
~~4981.34~~5507.34 of the Revised Code:	47208

(A) "Person" means, in addition to the meaning given that	47209
term in division (C) of section 1.59 of the Revised Code, any unit	47210
of local government, any local or regional transportation	47211
authority, and any private corporation or organization.	47212

(B) "Rail property" means any asset or right that is used or	47213
is useful in providing rail service, including tracks, rolling	47214
stock, rights-of-way, bridges, grade crossing equipment,	47215
terminals, stations, parking facilities, and other rail	47216
facilities.	47217

(C) "Rail service" means freight, intercity passenger,	47218
commuter, and high speed rail transportation service.	47219

(D) "Regional rail reorganization act" means the "Regional	47220
Rail Reorganization Act of 1973," 87 Stat. 986, 45 U.S.C.A. 701,	47221
as amended.	47222

(E) "Local or regional transportation authority" includes a	47223
county transit board, a board of county commissioners operating a	47224
county transit system, a regional transit authority, a regional	47225
transit commission, or any other local or regional transportation	47226
authority or agency.	47227

(F) "Qualifying subdivision" means a county, township, or	47228
municipal corporation in this state that is levying a tax for the	47229
purpose of acquiring, rehabilitating, or developing rail service	47230
or rail property pursuant to division (CC) of section 5705.19 of	47231
the Revised Code.	47232

(G) "Ancillary system facilities" means all facilities	47233
desirable in connection with the operation and maintenance of a	47234
rail system such as parking lots, retail establishments,	47235
restaurants, hotels, offices, and other commercial or support	47236
facilities, located within or outside the right-of-way of the rail	47237
system.	47238

(H) "Corridor" means a designated portion of a rail system	47239
serving two or more designated urban areas.	47240

(I) "Franchise" means a license approved by the ~~Ohio rail~~	47241
~~development commission~~director of transportation that grants	47242
exclusive rights to a private corporation or organization to plan,	47243
construct, finance, lease, improve, use, operate, maintain, and	47244
set and collect charges for the use of a rail system or a portion	47245
of a rail system, such as a corridor, for a period of years as	47246
permitted by section ~~4981.29~~5507.29 of the Revised Code, as	47247
system owner or as lessee from or agent of the ~~commission~~	47248
department of transportation.	47249

(J) "Franchise agreement" means the agreement executed	47250
between the ~~Ohio rail development commission~~director of	47251
transportation and a person to whom a franchise is awarded.	47252

(K) "3-C corridor" means the corridor connecting Cincinnati,	47253
Columbus, and Cleveland.	47254

~~Sec. 4981.03.~~ Sec. 5507.03. (A) The ~~Ohio rail development~~	47255
~~commission~~director of transportation shall do all of the	47256
following:	47257

(1) Develop, promote, and support safe, adequate, and	47258
efficient rail service throughout the state;	47259

(2) Maintain adequate programs of investigation, research,	47260
promotion, planning, and development for rail service, which	47261
programs shall include the consideration of recommendations by	47262
public or private planning organizations;	47263

(3) Provide for the participation of private corporations or	47264
organizations and the public in the development, construction,	47265
operation, and maintenance of rail service, and as franchisees	47266
thereof.	47267

(B) In regard to rail service, the ~~Ohio rail development~~	47268
~~commission~~department of transportation is the successor of the	47269
Ohio ~~high speed~~ rail ~~authority and the division of rail~~	47270
~~transportation of the department of transportation~~development	47271
commission. The ~~commission~~department shall succeed to all federal	47272
allotments, entitlements, subsidies, and grants now existing,	47273
whether such allotments, entitlements, subsidies, and grants are	47274
encumbered or unencumbered, in the same manner and with the same	47275
authority as the Ohio ~~high speed~~ rail ~~authority and the division~~	47276
~~of rail transportation~~development commission exercised prior to	47277
~~the effective date of this amendment~~the effective date of this	47278
amendment.	47279

For the purpose of succession to all duties, powers, and	47280
functions transferred, and of the conduct and completion of	47281
related matters, the director of transportation or the department	47282
of transportation shall be held to constitute the continuation of	47283
the Ohio rail development commission. All rules, acts,	47284
determinations, and decisions pertaining to the duties, powers,	47285
and functions of the commission, in effect at the time of the	47286
transfer, shall continue in effect until further action by the	47287
director of the department.	47288

Wherever the commission is referred to in any provision of	47289
law, or in any contract or document that pertains to the duties,	47290
powers, and functions of the commission, the reference or	47291
designation shall be held to refer to the director or the	47292
department. Wherever the commission is named in a deed or other	47293
evidence of an interest in real property, the designation shall be	47294
held to refer to the director or the department.	47295

No pending action or proceeding to which the commission is a	47296
party and that pertains to the duties, powers, and functions of	47297
the commission shall be affected by any provision effecting the	47298
transfer of the duties, powers, and functions, but any such	47299
pending action or proceeding may be prosecuted or defended in the	47300
name of the director or department. In any pending action or	47301
proceeding to which the commission is a party and that pertains to	47302
its duties, powers, and functions, the director or department,	47303
upon application to the court, shall be substituted as a party.	47304

(C) Every authority, commission, department, or other agency	47305
of this state shall provide the ~~commission~~department with data,	47306
plans, research, and any other information that the ~~commission~~	47307
department requests to assist it in performing its duties pursuant	47308
to this chapter.	47309

(D) The ~~commission~~department may request and contract with	47310
any railroad to provide it with data and information necessary to	47311
carry out the purposes of this chapter. All railroads operating	47312
within this state shall provide the requested data and information	47313
to the ~~commission~~department. The ~~commission~~department shall not	47314
disclose any confidential data or information supplied to it.	47315

(E) The ~~commission~~department shall cooperate with the	47316
director of development by exercising the ~~commission's~~	47317
department's duty to promote and develop rail service in this	47318
state in conjunction with the ~~director's~~director of development's	47319
exercise of ~~his~~the duty to promote the economic development of	47320
this state.	47321

(F) The ~~commission~~department, when developing rail service	47322
throughout the state, may give priority to projects undertaken	47323
within the geographic boundaries of qualifying subdivisions.	47324

~~(G) Notwithstanding any other provision of law, the~~	47325
~~commission is subject to section 123.151 of the Revised Code when~~	47326
~~entering into contracts for the performance of labor, the~~	47327
~~furnishing of materials, goods, or services, or the construction~~	47328
~~of any structures or buildings necessary for the maintenance,~~	47329
~~control, or management of any rail service project, as defined in~~	47330
~~section 4981.11 of the Revised Code.~~	47331

~~Sec. 4981.031.~~ Sec. 5507.031. (A) The ~~Ohio rail development~~	47332
~~commission or the~~ department of transportation~~, on behalf of the~~	47333
~~commission,~~ may apply for and receive from the United States	47334
government loans and grants in accordance with any federal law or	47335
program concerning rail transportation.	47336

(B) It is hereby found and determined that rail	47337
transportation is an essential and indispensable part of the	47338
commerce and industry of the state and is of vital importance to	47339
the creation and preservation of jobs and employment opportunities	47340
and to the improvement of the economic welfare of the people of	47341
the state, and that rail transportation creates, promotes, and is	47342
a part of the continuous exchange of goods and services in the	47343
state economy. It is further found and determined that the	47344
authority granted by Chapter ~~4981.~~5507. of the Revised Code is	47345
consistent with and will effect the purposes of Section 13 of	47346
Article VIII, Ohio Constitution, that rail transportation is part	47347
of and is directly related to industry, commerce, distribution,	47348
and research under Section 13 of Article VIII, Ohio Constitution,	47349
and that it is in the public interest and a proper public purpose	47350
under Section 13 of Article VIII, Ohio Constitution, for the state	47351
to acquire, construct, enlarge, improve, or equip, and to sell,	47352
lease, or exchange, or otherwise dispose of property, structures,	47353
equipment, and facilities for rail transportation, all as provided	47354
in Chapter ~~4981.~~5507. of the Revised Code, and that such	47355
activities will contribute to the creation or preservation of jobs	47356
or employment opportunities or the improvement of the economic	47357
welfare of the people of the state. Chapter ~~4981.~~5507. of the	47358
Revised Code, being necessary for the welfare of the state and its	47359
people, shall be liberally construed to effect its purposes.	47360

~~Sec. 4981.032.~~ Sec. 5507.032. The ~~Ohio rail development commission~~	47361
department of transportation may issue grants and loans to any	47362
transportation authority or to any person for the purpose of	47363
continuing or instituting rail transportation in the state. The	47364
grants and loans may be used for rehabilitation, construction,	47365
planning, relocation, or acquisition of rail transportation or	47366
rail property, or for substitute service. The grants and loans may	47367
be provided by the ~~commission~~department with funds from the	47368
United States government, the state, any transportation authority,	47369
or any person, or from any combination of those sources. The	47370
~~commission~~department shall establish eligibility and distribution	47371
criteria for the grants and loans.	47372

~~Sec. 4981.033.~~ Sec. 5507.033. (A) Notwithstanding section 4961.37	47373
of the Revised Code, a railroad company, public agency, or other	47374
person operating passenger rail service on a right-of-way owned by	47375
another shall indemnify and hold harmless the owner, user, or	47376
other rights holder for liability for any damages arising out of	47377
passenger operations conducted by or on behalf of the railroad	47378
company, public agency, or other person operating passenger rail	47379
service and for all claims for damages for harm arising from any	47380
accident or incident occurring in connection with the operations	47381
conducted by or on behalf of the railroad company, public agency,	47382
or other person operating passenger rail service.	47383

(B) Each railroad company, public agency, or other person	47384
operating passenger rail service on a right-of-way owned by	47385
another shall maintain an aggregate limit of liability coverage of	47386
no less than two hundred million dollars.	47387

(C) The liability for damages for harm, including any	47388
punitive damages, of a railroad company or other entity over whose	47389
tracks passenger rail service operations are conducted by another	47390
shall not be in an amount greater than the limits of the liability	47391
coverage maintained by the railroad company, public agency, or	47392
other person operating passenger rail service.	47393

(D) Division (A) of this section shall not apply if the	47394
railroad company or other entity over whose tracks the passenger	47395
rail service operations are conducted, committed an act or	47396
omission with reckless, wanton, willful, or gross negligence and	47397
the act or omission proximately caused the harm in question.	47398

(E) The operator of an excursion rail service and the owner	47399
of any railroad property over which the excursion rail service	47400
will be provided may negotiate to determine the amount of	47401
liability coverage necessary to satisfy the owner's private	47402
insurance requirements. If the operator and owner reach agreement	47403
on the amount of private insurance coverage so required, division	47404
(B) of this section shall not apply to the operation of the	47405
excursion rail service over that railroad property.	47406

This division does not require any owner of railroad property	47407
to enter into such negotiations, to agree to an amount of	47408
liability coverage that the owner determines to be insufficient	47409
indemnification, nor to permit any excursion rail service operator	47410
to have access to the railroad property.	47411

(F) This section shall not be construed to require the state	47412
or any political subdivision of the state to indemnify any owner,	47413
user, or other person or entity for damages of any kind in	47414
violation of the Constitution of this state or a municipal or	47415
county charter. This section shall not be construed to require the	47416
state to carry liability insurance for any purpose.	47417

(G) As used in this section:

47418

(1) "Harm" means injury, death, or loss to person or	47419
property.	47420

(2) "Passenger rail service" includes intercity passenger,	47421
commuter, or high speed rail transportation service.	47422

(3) "Excursion rail service" means any rail passenger service	47423
that is undertaken primarily for education, entertainment,	47424
recreation, or scenic observation and that does not involve any of	47425
the following:	47426

(a) The carrying of freight other than the personal luggage	47427
of the passengers or crew, or supplies and equipment necessary to	47428
serve the needs of the passengers or crew;	47429

(b) The carrying of passengers who are commuting to work;

47430

(c) The carrying of passengers who are traveling to a final	47431
destination solely for business or commercial purposes.	47432

~~Sec. 4981.04.~~ Sec. 5507.04. (A) The ~~Ohio rail development~~	47433
~~commission~~department of transportation shall prepare a plan for	47434
the construction and operation of an intercity conventional or	47435
high speed passenger transportation system in this state. The	47436
system shall be constructed and operated by the ~~commission~~	47437
department. The plan for construction and operation shall be based	47438
on existing studies, and shall state that the system's initial	47439
route will connect Cleveland, Columbus, and Cincinnati and any	47440
points in between those cities determined by the ~~authority~~	47441
department. The plan shall include the following information:	47442

(1) The route alignment of the proposed system;

47443

(2) The proposed technology;

47444

(3) The size, nature, and scope of the proposed system;

47445

(4) The sources of the public and private revenue needed to	47446
finance the system;	47447

(5) The projected ability of all revenue sources to meet both	47448
capital and operating funding requirements of the proposed system;	47449

(6) The construction, operation, and management plan for the	47450
system, including a timetable for construction and the proposed	47451
location and number of transit stations considered necessary;	47452

(7) The likelihood that Ohio-based corporations will be used	47453
to manufacture or supply components of the proposed system;	47454

(8) The likelihood that additional or subsidiary development	47455
will be generated;	47456

(9) The extent to which the proposed system will create an	47457
additional or reduced demand for sources of energy;	47458

(10) Any changes in the law necessary to implement the	47459
proposed system;	47460

(11) The proposed system's impact on the economy of the state	47461
and on the economic and other public policies of the state.	47462

(B) The ~~commission~~department may revise any plan of the Ohio	47463
high speed rail authority or the Ohio rail development commission	47464
or may submit a separate plan for construction and operation and a	47465
funding request to the governor, the speaker of the house of	47466
representatives, and to the president of the senate. Any plan for	47467
an intercity conventional or high speed passenger transportation	47468
system submitted by the ~~commission~~department pursuant to this	47469
section shall not propose the operation of such a system by the	47470
state other than through the ~~commission~~department.	47471

~~Sec. 4981.05.~~ Sec. 5507.05. (A) Any local or regional	47472
transportation authority may apply for a rail service continuation	47473
subsidy, acquisition or modernization loan, or any other	47474
assistance provided by the Regional Rail Reorganization Act for	47475
the purpose of providing any rail service that is consistent with	47476
rail service provided under this chapter. Any local or regional	47477
transportation authority may exercise, or may be created to	47478
exercise, such authority, administrative jurisdiction, and fiscal	47479
control as is necessary to obtain such assistance and provide such	47480
rail service.	47481

(B) For the purposes of this section, "transit system" as	47482
used in section 306.04 of the Revised Code, and "transit facility"	47483
as used in sections 306.30 and 306.81 of the Revised Code, include	47484
rail service.	47485

~~Sec. 4981.06.~~ Sec. 5507.06. (A) The ~~Ohio rail development~~	47486
~~commission~~department of transportation may purchase or lease any	47487
portion of the rail property of a railroad corporation, and may	47488
purchase or lease any other property, facilities, or equipment	47489
considered necessary by the ~~commission~~department for the	47490
operation of rail services, and the maintenance of track and other	47491
rail property. For the purpose of acquiring such property the	47492
~~commission~~department may obtain acquisition loans from the	47493
federal government.	47494

(B) Where it is necessary for the purpose of implementing	47495
rail service under this chapter, the ~~commission, with the approval~~	47496
~~of the director of transportation,~~department may appropriate real	47497
property. All such appropriations shall be made pursuant to	47498
sections 163.01 to 163.22 of the Revised Code.	47499

~~Sec. 4981.07.~~ Sec. 5507.07. (A) The ~~Ohio rail development~~	47500
~~commission~~department of transportation may restore, repair,	47501
relocate, or upgrade any rail property purchased, leased, or	47502
maintained by the ~~commission~~department. The ~~commission~~department	47503
may restore, repair, relocate, or upgrade any rail property owned	47504
by another person as long as such action is necessary for the	47505
efficient operation of rail services provided by the ~~commission~~	47506
department. The ~~commission~~department may obtain modernization	47507
loans from the federal government to restore or repair rail	47508
property acquired by the ~~commission~~department for the purpose of	47509
implementing rail service.	47510

(B) The ~~commission~~department may operate any rail property	47511
acquired by it over track owned or leased by the ~~commission~~	47512
department, or over track owned by another person pursuant to an	47513
agreement with that person as long as such action is necessary for	47514
the efficient operation of rail service provided by the ~~commission~~	47515
department pursuant to this chapter.	47516

(C) The ~~commission~~department may enter into agreements with	47517
~~the department of transportation,~~ boards of county commissioners,	47518
boards of township trustees, legislative authorities of municipal	47519
corporations, with other governmental agencies or organizations,	47520
and with private corporations or organizations in order to	47521
facilitate implementation of rail service.	47522

~~Sec. 4981.08.~~ Sec. 5507.08. (A) The ~~Ohio rail development~~	47523
~~commission~~department of transportation may sell, transfer, or	47524
lease any of the rail property that it possesses to any person for	47525
the continuation and operation of any rail service that is	47526
provided for pursuant to this chapter.	47527

(B) The ~~commission~~department may assist any person to obtain	47528
anany order or certificate required by the ~~interstate commerce~~	47529
~~commission~~surface transportation board for the performance of	47530
rail services in this state.	47531

(C) The ~~commission~~department may cooperate with other states	47532
in carrying out the provisions of this chapter and may enter into	47533
any agreements with other states for the operation of rail	47534
services, including the joint purchasing or leasing of rail	47535
property.	47536

~~Sec. 4981.09.~~ Sec. 5507.09. There is hereby created in the state	47537
treasury the rail development fund. The fund shall consist of such	47538
moneys as may be provided by law, including moneys received from	47539
the sale, transfer, or lease of any rail property pursuant to	47540
section ~~4981.08~~5507.08 of the Revised Code. Moneys in the fund	47541
shall be used for the purpose of acquiring, rehabilitating, or	47542
developing rail property or service, or for participation in the	47543
acquisition of rail property with the federal government,	47544
municipal corporations, townships, counties, or other governmental	47545
agencies. For the purpose of acquiring such rail property, the	47546
~~Ohio rail development commission~~department of transportation may	47547
obtain acquisition loans from the federal government or from any	47548
other source.	47549

The fund shall also be used to promote, plan, design,	47550
construct, operate, and maintain passenger and freight rail	47551
transportation systems, and may be used to pay the administrative	47552
costs of the ~~Ohio rail development commission~~department	47553
associated with conducting any authorized rail program, and for	47554
any purpose authorized by sections ~~4981.03 and~~ 5501.56 and 5507.03	47555
of the Revised Code. The fund shall not be used to provide loan	47556
guarantees.	47557

~~Sec. 4981.091.~~ Sec. 5507.091. There is hereby created in the state	47558
treasury the federal rail fund. The fund shall consist of money	47559
received pursuant to section ~~4981.08~~5507.08 of the Revised Code	47560
and such other money as may be provided by law. The fund shall be	47561
used to acquire, rehabilitate, or develop rail property or	47562
service; to participate in the acquisition of rail property with	47563
the federal government, municipal corporations, townships,	47564
counties, or other governmental agencies; and to promote, plan,	47565
design, construct, operate, and maintain passenger and freight	47566
rail transportation systems. The fund also may be used to pay the	47567
administrative costs of the ~~Ohio rail development commission~~	47568
department of transportation associated with conducting any	47569
authorized rail program, and for any purpose authorized by	47570
sections ~~4981.03 and~~ 5501.56 and 5507.03 of the Revised Code. The	47571
fund shall not be used to provide loan guarantees. Investment	47572
earnings on moneys credited to the fund shall be retained by the	47573
fund.	47574

In acquiring rail property, the ~~Ohio rail development~~	47575
~~commission~~department may obtain acquisition loans from the	47576
federal government or from any other source.	47577

~~Sec. 4981.10.~~ Sec. 5507.10. As long as such action does not	47578
violate covenants made on behalf of or for the benefit of the	47579
holders of bonds, notes, or other obligations of the ~~Ohio rail~~	47580
~~development commission~~department of transportation, the ~~Ohio rail~~	47581
~~development commission~~department may purchase any portion of the	47582
rail property of a railroad corporation and may purchase any other	47583
property, facilities, or equipment considered necessary by the	47584
~~commission~~department for the operation of rail services, ~~subject~~	47585
~~to the following conditions:~~	47586

~~(A) Upon~~if, upon inspection of the rail property, the	47587
~~commission~~department determines that the rail property is	47588
suitable for the efficient operation of rail services;	47589

~~(B) The controlling board approves the purchase of the rail~~	47590
~~property by an affirmative vote of no fewer than five members~~.	47591

~~Sec. 4981.11.~~ Sec. 5507.11. As used in sections 5507.11 to 5507.26	47592
of the Revised Code:	47593

(A) ~~"Commission"~~"Department" means the ~~Ohio rail development~~	47594
~~commission created in section 4981.02 of the Revised Code, the~~	47595
~~duties, powers, responsibilities, and functions of which are~~	47596
~~specified in this chapter~~department of transportation.	47597

(B) "Bond" means revenue bonds, notes, or other obligations	47598
including current or advance refunding bonds issued by the	47599
~~commission~~department to effect the intents and purposes of this	47600
chapter and any bond issued by a qualifying subdivision or local	47601
or regional transportation authority pursuant to Chapter 133. of	47602
the Revised Code ~~or otherwise as provided by the constitution and~~	47603
~~laws of this state~~.	47604

(C) "Bond proceedings" means any bond proceedings, as defined	47605
in division (E) of section 9.98 of the Revised Code, with respect	47606
to bonds, including, without limitation, the bond legislation with	47607
respect thereto.	47608

(D) "Cost," as applied to rail service projects, means the	47609
cost of acquisition, repair, renovation, and construction thereof;	47610
the cost of acquisition of all land, rights-of-way, property	47611
rights, easements, franchise rights, credit enhancements, or	47612
credit facility and interests required by any person, qualifying	47613
subdivision, a local or regional transportation authority, or the	47614
~~commission~~department for such acquisition, renovation, repair, or	47615
construction, the cost of demolishing or removing any buildings or	47616
structures on land so acquired, including the cost of acquiring	47617
any lands to which buildings or structures may be moved; the cost	47618
of diverting highways, interchange of highways, access roads to	47619
private property, railroad rights-of-way including the cost of	47620
land or easement therefor; the cost of all machinery, furnishing,	47621
and equipment; all finance charges, and interest prior to and	47622
during the construction and for no more than eighteen months after	47623
completion of construction or acquisition; the cost of all legal	47624
services and expenses; the cost of all plans, specifications,	47625
surveys, and estimates of cost; all working capital and other	47626
expenses necessary or incident to determining the feasibility or	47627
practicability of acquiring, renovating, repairing, or	47628
constructing any such project; the financing of such acquisition,	47629
renovation, repair, refunding, or construction, including the	47630
amount authorized ~~in the resolution of the commission providing~~	47631
for the issuance of bonds to be paid into any special funds from	47632
the proceeds of such bonds; and the financing of the placing of	47633
any such rail service project in operation, if necessary. ~~Any~~	47634

Any obligations or expenses incurred after December 19, 1986,	47635
by any person, qualifying subdivision, or local or regional	47636
transportation authority, with the approval of the ~~commission~~	47637
department, for surveys, borings, preparation of plans and	47638
specifications, and other engineering services in connection with	47639
the acquisition, renovation, repair, or construction of a project	47640
shall be regarded as a part of the cost of such project and shall	47641
be reimbursed out of the proceeds of grants, loans, or bonds as	47642
authorized by this chapter.	47643

(E) "Credit facility" means any credit facility, as defined	47644
in division (G) of section 9.98 of the Revised Code, with respect	47645
to bonds.	47646

(F) "Floating rate interest structure" means any floating	47647
rate interest structure, as defined in division (I) of section	47648
9.98 of the Revised Code, with respect to bonds.	47649

(G) "Indexing agent" means any indexing agent, as defined in	47650
division (J) of section 9.98 of the Revised Code, with respect to	47651
bonds.	47652

(H) "Rail service project" or "project" means any project of	47653
an essential public nature which is considered a part of the rail	47654
service system, including, without limitation, permitted loan	47655
purposes which are specifically declared to be for an essential	47656
public purpose.	47657

(I) "Interest rate period" means any interest rate period, as	47658
defined in division (K) of section 9.98 of the Revised Code, with	47659
respect to bonds.	47660

(J) "Issuer" means the ~~commission~~department.

47661

(K) "Participation agreement" means any participation	47662
agreement, loan agreement, lease agreement, bond purchase	47663
agreement, or other agreement between or among any person,	47664
qualifying subdivision, or local or regional transportation	47665
authority and the ~~commission~~department pursuant to which the	47666
~~commission~~department agrees to lend moneys to the person,	47667
qualified subdivision, or local or regional transportation	47668
authority, and the person, qualifying subdivision, or local or	47669
regional transportation authority agrees to repay the moneys so	47670
lent, in accordance with this chapter and the applicable bond	47671
proceedings and on the terms and subject to the conditions set	47672
forth in such agreement.	47673

(L) "Permitted loan purpose" means any of the following:

47674

(1) The payment of the costs of the acquisition or	47675
construction of any property, asset, or improvement with an	47676
estimated life or usefulness of one year or more, including land	47677
and interests therein, and including reconstructions,	47678
enlargements, and extensions of any such property, asset, or	47679
improvement having an estimated life or usefulness of one year or	47680
more, of the ~~commission~~department provided that such estimated	47681
life or usefulness shall be certified by the fiscal officer of the	47682
person, qualifying subdivision, or local or regional	47683
transportation authority to which the loan is to be made to that	47684
person, qualifying subdivision, or local or regional	47685
transportation authority;	47686

(2) The payment of any final judgment, regardless of whether	47687
such judgment arose out of a contractual or noncontractual cause	47688
of action;	47689

(3) The reimbursement to any person, qualifying subdivision,	47690
or local or regional transportation authority of moneys expended	47691
by it for a permitted loan purpose described in divisions (L)(1)	47692
and (2) of this section, including, without limitation, rental	47693
payments made by any person, qualifying subdivision, or local or	47694
regional transportation authority under a lease with an option to	47695
purchase if the proceeds of the loan are to be applied to the	47696
payment of the purchase price upon the exercise of the option to	47697
purchase;	47698

(4) The refunding, including funding and retirement, or	47699
advance refunding of the outstanding principal amount of any debt	47700
obligation issued or incurred by the ~~commission~~department or by	47701
any person, qualifying subdivision, or local or regional	47702
transportation authority, including, without limitation, any loan	47703
previously made from the ~~commission~~department for a permitted	47704
loan purpose of the sort described in divisions (L)(1) and (2) of	47705
this section;	47706

(5) The costs and expenses incurred by the ~~commission~~	47707
department or by any person, qualifying subdivision, or local or	47708
regional transportation authority in obtaining a loan from the	47709
~~commission~~department, including, without limitation, the fees and	47710
expenses of attorneys, accountants, engineers, and consultants and	47711
the costs and expenses of preparing, printing, and delivering any	47712
documents or instruments required to be delivered by any person,	47713
qualifying subdivision, or local or regional transportation	47714
authority under its participation agreement with the ~~commission~~	47715
department.	47716

(M) "Person" means any natural person, partnership, joint	47717
venture, corporation, foreign or domestic, state or subdivision	47718
thereof, or sovereign government, or province thereof including	47719
the United States or any agency or instrumentality thereof.	47720

(N) "Put arrangement" means any put arrangement, as defined	47721
in division (N) of section 9.98 of the Revised Code, with respect	47722
to bonds.	47723

(O) "Remarketing agent" means a remarketing agent as defined	47724
in division (O) of section 9.98 of the Revised Code, with respect	47725
to bonds.	47726

(P) "Revenue" means any money or thing of value collected by,	47727
or paid to, the ~~commission~~department in connection with any rail	47728
project or as principal of or interest, charges, or other fees on	47729
loans, including any moneys derived from taxation or any other	47730
collections on loans made by the ~~commission~~department to any	47731
person, qualifying subdivisions, or local or regional	47732
transportation authorities to finance in whole or in part the	47733
acquisition, renovation, repair, refunding, or construction of any	47734
rail service project or projects, or other money or property which	47735
is received by the ~~commission~~department and may be expended for	47736
or pledged as revenues pursuant to this chapter.	47737

(Q) "Special fund" means any fund required to be established	47738
by the ~~commission~~department pursuant to the bond proceedings with	47739
respect to any bonds and into which the bond proceedings require	47740
that pledged receipts be deposited and from which the bond	47741
proceedings permit the disbursement of the pledged receipts at the	47742
times, in the amounts, and for the purposes set forth therein.	47743

(R) "Special revenue loan" means a loan to a qualifying	47744
subdivision or local or regional transportation authority by the	47745
~~commission~~department that is payable solely from and secured	47746
solely by one or more sources of county or municipal tax or other	47747
revenue other than ad valorem property taxes.	47748

~~Sec. 4981.12.~~ Sec. 5507.12. (A) The general assembly hereby finds	47749
and declares that increasing requirements for rail service for the	47750
people of the state and escalating costs of providing such rail	47751
service have created inordinate demands upon the financial	47752
resources of the state, qualifying subdivisions, private	47753
corporations and organizations, and local and regional	47754
transportation authorities necessitating legislation to enable the	47755
people of the state to attain a more competitive position in	47756
capital markets to provide rail service.	47757

(B) The general assembly hereby finds and declares further	47758
that it is in the public interest and is the responsibility of the	47759
state to foster and promote by all lawful means the provision of	47760
adequate capital markets and facilities for borrowing money for	47761
the financing of rail service and the fulfillment of public	47762
purposes, and to make it possible for the ~~commission~~department of	47763
transportation, qualifying subdivisions, private corporations or	47764
organizations, and local or regional transportation authorities to	47765
obtain new or additional sources of capital funds at acceptable	47766
interest costs, including activities to encourage investor	47767
interest in the purchase of bonds, notes or other obligations of	47768
the ~~commission~~department, or issued by the ~~commission~~department	47769
to fund loans it may make to private corporations or organizations	47770
under sections ~~4981.01~~5507.01 to ~~4981.26~~5507.26 of the Revised	47771
Code, as sound and preferred securities for investments.	47772

(C) The general assembly hereby finds and declares further	47773
that it is in the public interest and is the responsibility of the	47774
state to encourage qualifying subdivisions, local or regional	47775
transportation authorities, and other persons to continue their	47776
independent undertakings of rail service and fulfillment of public	47777
purposes and the financing thereof and to improve or enhance the	47778
possibilities of qualifying subdivisions, local or regional	47779
transportation authorities, and other persons obtaining funds, to	47780
the extent possible, at reduced interest costs, for the orderly	47781
financing of rail service projects and fulfillment of public	47782
purposes.	47783

(D) The general assembly hereby finds and declares further	47784
that it is in the public interest, in order to implement and aid	47785
in the discharge of these responsibilities, that a state	47786
instrumentality, having been created as a public body corporate	47787
with full powers to borrow money and issue its bonds, notes, and	47788
other obligations to the end that funds obtained thereby may be	47789
used or made available to franchisees to provide capital	47790
facilities for rail service by the ~~commission~~department or for	47791
the purposes of making loans to qualifying subdivisions, local or	47792
regional transportation authorities, private corporations or	47793
organizations, and other persons for rail service projects, that	47794
such state instrumentality be granted all powers necessary or	47795
appropriate to accomplish and carry out these essential public	47796
purposes and responsibilities of the state in a manner to make it	47797
possible to sell bonds and borrow funds at as low an interest rate	47798
as the instrumentality finds and determines to be feasible.	47799

(E) The general assembly further finds and declares that in	47800
accomplishing these purposes, the ~~commission, created and~~	47801
~~established by this chapter,~~department will be acting in all	47802
respects for the benefit of the people of the state to serve the	47803
public purposes of improving and otherwise promoting their health,	47804
education, welfare, safety, and prosperity, and that the	47805
~~commission~~department may act on behalf of the state and its	47806
people in serving the essential public purposes described in this	47807
section for the benefit of the general public of the state.	47808

~~Sec. 4981.13.~~ Sec. 5507.13. To accomplish the public policies and	47809
purposes and to meet the responsibility of the state as set forth	47810
in this chapter, the ~~Ohio rail development commission~~department	47811
of transportation may directly undertake and implement and make	47812
loans to qualifying subdivisions, local or regional transportation	47813
authorities, and other persons for the acquisition, renovation,	47814
repair, refunding, or construction of rail service projects by	47815
such qualifying subdivisions and local or regional transportation	47816
authorities, and may issue bonds, payable solely from revenues, to	47817
pay the cost of, or finance, in whole or in part, rail service	47818
projects of the ~~commission~~department or loans to any person,	47819
qualifying subdivision, or local or regional transportation	47820
authority. A project shall not be undertaken unless it has been	47821
determined by the ~~commission~~department, based upon information	47822
provided to it by the qualifying subdivision, local or regional	47823
transportation authority, or other person or agency charged or	47824
empowered by law with the responsibility of reporting, to be	47825
consistent with any applicable requirements of law. ~~Any resolution~~	47826
~~of the commission providing for making a loan for any permitted~~	47827
~~loan purpose or execution of any participation agreement pursuant~~	47828
~~to this chapter shall include a finding by the commission that~~	47829
~~such determinations have been made.~~ A participation agreement may	47830
be entered into between the ~~commission~~department and each	47831
qualifying subdivision, local or regional transportation	47832
authority, or other person to which a loan is made or from which	47833
bonds are purchased for the acquisition, renovation, repair, or	47834
construction of a rail service project, which participation	47835
agreement shall include, without limitation, all of the following	47836
provisions:	47837

(A) The cost of such project, the amount of the loan or bond	47838
purchase, the terms of repayment of such loan or bond purchase and	47839
the security therefor;	47840

(B) The specific purposes for which the proceeds of the loan	47841
or bond purchase shall be expended, the procedures as to the	47842
disbursements of loan or bond purchase proceeds, and the duties	47843
and obligations imposed upon the qualifying subdivision, local or	47844
regional transportation authority, or other person in regard to	47845
the construction, renovation, repair, refunding, or acquisition of	47846
the project;	47847

(C) The agreement of the qualifying subdivision, local or	47848
regional transportation authority, or other person to ~~raise the~~	47849
~~funds of~~ provide sufficient credit or guarantee for repayment,	47850
through levy, pursuant to an election, contract, lease, fee	47851
charges, or otherwise;	47852

(D) The agreement of the qualifying subdivision, local or	47853
regional authority, or other person to provide the opinion of its	47854
counsel that the obligations of the qualifying subdivision, local	47855
or regional transportation authority, or other person comply with	47856
all applicable laws, rules, and regulations issued by the	47857
~~commission~~department or other state, federal, or local bodies in	47858
regard to the construction, repair, renovation, funding,	47859
refunding, or acquisition of the project.	47860

~~Sec. 4981.131.~~ Sec. 5507.131. (A) The power and authority provided	47861
by this chapter to qualifying subdivisions and local or regional	47862
transportation authorities to borrow for permitted loan purposes	47863
is in addition and supplemental to, not in derogation of, any	47864
other power or authority provided by law for the same or similar	47865
purposes, and this chapter provides to qualifying subdivisions or	47866
local or regional transportation authorities alternative, not	47867
exclusive, means of accomplishing those purposes.	47868

(B) Chapter 133. of the Revised Code shall not apply to	47869
issuance of bonds by the ~~Ohio rail development commission~~	47870
department of transportation under this chapter or to the	47871
authorizing, obtaining, or incurring of any general obligation	47872
loan or special revenue loan or to its entering into any	47873
participation agreement or delivering any such other instrument to	47874
the ~~commission~~department in connection therewith, by any	47875
qualifying subdivision or local or regional transportation	47876
authority, except to the extent, if any, that provisions of	47877
Chapter 133. of the Revised Code are expressly made applicable	47878
thereto by this chapter or by the bond proceedings applicable to	47879
the bonds from the proceeds of which such loan was made.	47880

(C) For purposes of division (A) of section 5705.41 of the	47881
Revised Code, the authorization by a qualifying subdivision or	47882
local or regional transportation authority of a loan from the	47883
~~commission~~department pursuant to section ~~4981.12~~5507.12 of the	47884
Revised Code shall be deemed to be the authorization of a bond	47885
issue, and the purpose for which such loan was obtained shall be	47886
deemed to be the purpose for which such bonds were issued. For	47887
purposes of division (D) of section 5705.41 of the Revised Code,	47888
the proceeds to be derived from a loan authorized by a qualifying	47889
subdivision or local or regional transportation authority to be	47890
obtained pursuant to section ~~4981.12~~5507.12 of the Revised Code	47891
shall be deemed to be proceeds to be derived from authorized	47892
bonds.	47893

(D) Sections ~~4981.01~~5507.01 to ~~4981.26~~5507.26 of the	47894
Revised Code shall be liberally construed to effect the purposes	47895
described in section 1.11 of the Revised Code.	47896

~~Sec. 4981.14.~~ Sec. 5507.14. (A) The ~~Ohio rail development~~	47897
~~commission~~department of transportation may exercise all powers	47898
necessary or appropriate to carry out ~~its corporate~~the purposes	47899
of this chapter.	47900

(B) The ~~commission~~department may do all of the following in	47901
connection with activities authorized by this chapter:	47902

(1) ~~Adopt, and from time to time, ratify, amend, and repeal~~	47903
~~bylaws necessary and proper for the regulation of its affairs and~~	47904
~~the conduct of its business and rules to implement and make~~	47905
~~effective its powers and duties;~~	47906

~~(2) Adopt an official seal;~~

47907

~~(3) Maintain a principal office in Columbus and, if~~	47908
~~necessary, regional sub-offices at locations properly designated~~	47909
~~or provided;~~	47910

~~(4) Sue and be sued in its own name and plead and be~~	47911
~~impleaded in its own name, particularly to enforce the obligations~~	47912
~~and covenants made under sections 4981.13, 4981.14, and 4981.29 of~~	47913
~~the Revised Code. Any actions against the commission shall be~~	47914
~~brought in the court of common pleas in Franklin county, in which~~	47915
~~the principal office of the commission shall be located.~~	47916

~~(5)~~ Undertake or cause to be undertaken the acquisition,	47917
renovation, repair, refunding, operation, maintenance, or	47918
construction of any rail service project;	47919

~~(6)~~(2) Establish and operate a revolving loan fund for the	47920
purpose of making loans to qualifying subdivisions, local or	47921
regional transportation authorities, or other persons for the	47922
acquisition, renovation, repair, refunding, or construction of	47923
rail service projects by such qualifying subdivisions, local or	47924
regional transportation authorities, and private corporations or	47925
organizations, and the repayment thereof from project financing	47926
proceeds and revenues; purchase the obligations of counties and	47927
municipal corporations issued for the acquisition, renovation,	47928
repair, or construction of rail service projects by such	47929
qualifying subdivisions and local or regional transportation	47930
authorities; and adopt rules and procedures for making those loans	47931
or purchasing those obligations;	47932

~~(7)~~(3) Issue bonds and notes and refunding obligations of the	47933
state, payable as provided in this chapter unless the bonds are	47934
refunded by refunding bonds, for the purpose of borrowing money to	47935
implement any power granted by ~~divisions (B)(5) and (6) of~~ this	47936
section for one or more rail service projects or parts thereof;	47937

~~(8) Acquire by gift or purchase, hold, or dispose of real and~~	47938
~~personal property in the exercise of its powers and performance of~~	47939
~~its duties as set forth in this chapter;~~	47940

~~(9) Make and enter into all contracts and agreements and~~	47941
~~execute all instruments necessary or incidental to the performance~~	47942
~~of its duties and the execution of its powers and to employ~~	47943
~~natural persons to act on behalf of the commission, and to~~	47944
~~establish the terms and conditions of such employment;~~	47945

~~(10) Receive and accept from any federal agency or other~~	47946
~~person, subject to the approval of the governor, grants for or in~~	47947
~~aid of the construction, repair, renovation, operation,~~	47948
~~maintenance, or acquisition of rail service projects, and receive~~	47949
~~and accept aid or contributions from any source of money,~~	47950
~~property, labor, or other things of value, to be held, used, and~~	47951
~~applied only for the purposes for which the grants and~~	47952
~~contributions are made;~~	47953

~~(11) Purchase property coverage and liability insurance for~~	47954
~~any rail service project and for any offices of the commission,~~	47955
~~insurance protecting the commission and its officers and employees~~	47956
~~against liability, if any, or damage to property or injury to or~~	47957
~~death of persons arising from its operations, and any other~~	47958
~~insurance the commission may agree to provide under any resolution~~	47959
~~authorizing the issuance of bonds in accordance with sections~~	47960
~~4981.11 to 4981.26 of the Revised Code, or in any trust agreement~~	47961
~~securing the same;~~	47962

~~(12) Establish or increase reserves from moneys received or~~	47963
~~to be received by the commission to secure or pay the principal of~~	47964
~~and interest on bonds, notes, or other obligations issued by the~~	47965
~~commission pursuant to this chapter or other law. Moneys, funds,~~	47966
~~and accounts of the commission, however, are subject only to audit~~	47967
~~by the auditor of state and all moneys, funds, and accounts shall~~	47968
~~be held in custody or deposited as directed by resolution of the~~	47969
~~commission and unless otherwise provided by law all moneys of the~~	47970
~~commission not pledged to the holders of bonds of the commission~~	47971
~~shall be appropriated by the general assembly.~~	47972

~~(13) Receive and disburse the proceeds of general obligation~~	47973
~~or other bonds of the state or agencies thereof as may be allowed~~	47974
~~by law pursuant to any resolution or act of the general assembly;~~	47975

~~(14)~~(4) To the extent permitted under its contracts with the	47976
holders of bonds or notes of the ~~commission~~department, consent to	47977
modification of the rate of interest, time and payment of	47978
installment of principal or interest, security, or any other term	47979
of a bond, contract, or agreement of any kind to which the	47980
~~commission~~department is a party;	47981

~~(15)~~(5) Make grants to counties or municipal corporations,	47982
qualifying subdivisions, local or regional transportation	47983
authorities, or other persons for one or more rail service	47984
projects of parts thereof;	47985

~~(16)~~(6) Provide consultation services to any qualifying	47986
subdivision, local or regional transportation authority, or other	47987
person in connection with the acquisition, renovation, repair, or	47988
construction of any rail service project;	47989

~~(17)~~(7) Establish and amend the criteria and qualifications	47990
for the making of any loan to or the purchasing of any bond from	47991
any qualifying subdivision, local or regional transportation	47992
authority, or other person and the terms not inconsistent with	47993
this chapter of any loan or bond purchase agreement with any	47994
qualifying subdivision, local or regional transportation	47995
authority, or other person;	47996

~~(18)~~(8) Do all acts necessary and proper to carry out the	47997
powers expressly granted to the ~~commission~~department in this	47998
chapter.	47999

(C) Any instrument by which real property is acquired	48000
pursuant to this section shall identify the agency of the state	48001
that has the use and benefit of the real property as specified in	48002
section 5301.012 of the Revised Code.	48003

~~Sec. 4981.15.~~ Sec. 5507.15. (A) The ~~Ohio rail development~~	48004
~~commission~~department of transportation, from time to time, may	48005
issue bonds in such principal amounts as the ~~commission~~department	48006
finds necessary to finance one or more rail service projects.	48007
Sections 9.98 to 9.983 of the Revised Code are hereby made	48008
applicable in their entirety to any bonds authorized to be issued	48009
under this chapter except as otherwise provided herein.	48010

(B) The ~~commission~~department, from time to time, may issue	48011
renewal bonds, issue bonds to pay such obligations and, whenever	48012
it considers refunding expedient, refund any bonds by the issuance	48013
of bonds by the authority granted by this chapter. Except as may	48014
otherwise be expressly provided in this chapter or by the	48015
~~commission~~department, every issue of its bonds or notes is an	48016
obligation of the ~~commission~~department payable out of the	48017
revenues and reserves created for such purposes by the ~~commission~~	48018
department, which are expressly pledged for such payment, without	48019
preference or priority of the first bonds issued, subject only to	48020
any agreements with the holders of particular bonds or notes	48021
pledging any particular revenues. Such pledge shall be valid and	48022
binding from the time the pledge is made and the revenues so	48023
pledged and thereafter received by the ~~commission~~department	48024
immediately shall be subject to the lien of such pledge without	48025
any physical delivery thereof or further act and the lien of any	48026
such pledge shall be valid and binding as against all parties	48027
having claims of any kind, in tort, contract, or otherwise,	48028
against the ~~commission~~department irrespective of whether such	48029
parties have notice thereof.	48030

(C) All such bonds shall have and are hereby declared to have	48031
all the qualities of negotiable instruments. The bonds shall be	48032
~~authorized by resolution of the commission, shall~~ bear such date	48033
and shall mature at such time, in case of any such note or any	48034
renewal thereof not exceeding five years from the date of issue of	48035
such original note, and in the case of any such bond not exceeding	48036
fifty years from the date of issue~~, as such resolution may~~	48037
~~provide~~. The bonds and notes shall bear interest at such rate or	48038
rates, including variable rates, be in such denominations, be in	48039
such form, either coupon or registered, carry such registration	48040
privileges, be payable in such medium of payment, in such place,	48041
and be subject to such terms of redemption as otherwise set forth	48042
in this chapter as the ~~commission~~department may authorize. The	48043
bonds of the ~~commission~~department may be sold by the ~~commission~~	48044
department at public or private sale, at or not less than the	48045
price the ~~commission~~director of transportation determines. The	48046
bonds shall be ~~executed by a voting member of the commission,~~	48047
~~selected by the commission and approved by the speaker of the~~	48048
~~house of representatives and the president of the senate, who may~~	48049
~~use a facsimile signature. The official seal of the commission, or~~	48050
~~a facsimile, shall be affixed thereto or printed thereon and~~	48051
~~attested, manually, or by facsimile signature, by the~~	48052
~~secretary-treasurer of the commission. Coupons, if any, attached~~	48053
~~thereto shall bear the signature or facsimile signature of the~~	48054
~~chairperson of the commission. In case any officer whose~~	48055
~~signature, or a facsimile of whose signature appears on any bonds,~~	48056
~~notes, or coupons ceases to be such officer before delivery of~~	48057
~~such bonds or notes, such signature or facsimile is nevertheless~~	48058
~~sufficient for all purposes the same as if the officer had~~	48059
~~remained in office until such delivery. In case the seal of the~~	48060
~~commission changes after a facsimile is imprinted on such bonds or~~	48061
~~notes, such facsimile continues to be sufficient for all purposes~~	48062
in the form prescribed by the treasurer of state.	48063

(D) Any ~~resolution~~language authorizing any bonds or any	48064
issue thereof may contain provisions, subject to such agreements	48065
with bondholders or noteholders as may then exist, which	48066
provisions shall be a part of the contract with the holders	48067
thereof, as to pledging all or any part of the revenues of the	48068
~~commission~~department to secure the payment of the bonds of any	48069
issue thereof; the issue and disposition of revenues of the	48070
~~commission~~department; the setting aside of reserve funds, sinking	48071
funds, or replacement and improvement funds and the regulation and	48072
disposition thereof; the crediting of the proceeds of the sale of	48073
bonds to and among the funds referred to and provided for in the	48074
~~resolution~~language authorizing the issuance of the bonds;	48075
providing for the pledge or use of the rail development fund	48076
created by section ~~4981.09~~5507.09 of the Revised Code; the use,	48077
lease, sale, or other disposition of any assets of the ~~commission~~	48078
department; limitations on the purpose to which the proceeds of	48079
the sale of bonds may be applied; the agreement of the ~~commission~~	48080
department to do all things necessary for the authorization,	48081
issuance, and sale of such bonds which may be issued in such	48082
amounts as may be necessary for the timely retirement of such	48083
bonds; limitation on the issuance of additional bonds which may be	48084
issued and secured; the refunding of outstanding bonds; the	48085
procedure, if any, by which the terms of any contract with	48086
bondholders or noteholders may be amended or abrogated; the amount	48087
of bonds the holders of which must consent may be given;	48088
limitations on the amount of moneys to be expended by the	48089
~~commission~~department for operating, administrative, or other	48090
expenses of the ~~commission~~department securing any bonds by a	48091
trust agreement; and any other matter, of like or different	48092
character, which in any way affects the security or protection of	48093
the bonds.	48094

(E) In connection with each such issuance of bonds, the	48095
~~commission~~department shall establish in its name an improvement	48096
fund or funds in the name of the rail service project or projects	48097
for which the permitted loan or expenditure is to be made. The	48098
proceeds of each issue of bonds, except for any portion thereof	48099
required under the bond proceedings to be deposited in a bond	48100
service fund, bond service reserve fund, or other special fund	48101
established pursuant to the bond proceedings for such issue of	48102
bonds, shall be deposited in the designated fund, and together	48103
with any investment income thereof, shall be held in trust and	48104
applied solely to permitted bond purposes and in accordance with	48105
such bond proceedings.	48106

(F) The right of holders of bonds issued by the ~~commission~~	48107
department to payment of debt service on such bonds shall be	48108
limited to the pledged receipts and special funds pledged thereto	48109
pursuant to the bond proceedings and any moneys available for such	48110
payment under any credit facility issued with respect to such	48111
bonds. The holders of such bonds shall have no right to have	48112
moneys raised by ad valorem taxation obligated or pledged, and	48113
moneys raised by ad valorem taxation shall not be obligated or	48114
pledged for the payment of debt service on bonds issued by the	48115
~~commission~~department, except to the extent, if any, that the	48116
general assembly or legislative authority of qualifying	48117
subdivisions and local or regional transportation authorities that	48118
borrows moneys derived from the proceeds of such bonds pledge any	48119
moneys they raise by ad valorem taxation to the repayment of such	48120
borrowings and the moneys so raised and paid to the ~~commission~~	48121
department are obligated or pledged to the payment of debt service	48122
on the bonds pursuant to the bond proceedings.	48123

(G) The bond proceedings adopted by the ~~commission~~department	48124
authorizing the issuance of bonds shall provide for the general	48125
purpose thereof and shall specify, ~~or shall authorize one or more~~	48126
~~officers of the board of directors to determine,~~ subject to	48127
limitations set forth in the bond proceedings: the aggregate	48128
principal amount of the bonds; the form and manner of execution	48129
and authentication of the bonds; the principal maturity or	48130
maturities; whether the bonds are to bear interest at a fixed rate	48131
or rates or under a floating rate interest structure; if a fixed	48132
rate or fixed rates of interest are to be borne by the bonds, the	48133
interest rate or rates: if the bonds are to bear interest under a	48134
floating rate interest structure, the manner in which the floating	48135
rate is to be determined for each interest-rate period, the length	48136
of each interest-rate period, and the extent to which and manner	48137
in which the interest-rate period may be changed from time to	48138
time; the put arrangement or arrangements, if any, to be available	48139
to holders of the bonds; and the paying agents, remarketing	48140
agents, indexing agents, or other agents, if any, to be engaged in	48141
connection with the issuance of the bonds. The bond proceedings,	48142
either expressly or by reference to other bond proceedings thereby	48143
approved or otherwise applicable, also shall specify: the pledged	48144
receipts and the special fund or funds to be pledged to secure the	48145
payment of the debt service on the bonds; whether the pledged	48146
receipts are pledged on a basis prior or subordinate to other	48147
expenses, claims, or payments and whether other bonds have been or	48148
may be issued by the ~~commission~~department secured by the pledged	48149
receipts on a basis prior to or on a parity with the bonds; the	48150
credit facility or facilities, if any, to be obtained with respect	48151
to the bonds; and the rights and remedies that may be exercised by	48152
the holders of the bonds or by a trustee on their behalf upon the	48153
occurrence of an event constituting an event of default under the	48154
bond proceedings, which rights and remedies shall include, except	48155
to the extent restricted by the bond proceedings, any rights and	48156
remedies available under the laws of the state for the enforcement	48157
of the payments required under and any other agreements made in,	48158
the bond proceedings. The bond proceedings, either expressly or by	48159
reference to other bond proceedings thereby approved or otherwise	48160
applicable, also may provide for: the mandatory or optional	48161
redemption of the bonds prior to their stated maturity;	48162
limitations on the issuance of additional bonds by the ~~commission~~	48163
department; the investment of moneys in the improvement fund and	48164
any special funds, without regard to Chapter 131. or 135. of the	48165
Revised Code, but subject to any provisions of Chapter ~~4981.~~5507.	48166
of the Revised Code, and the bond proceedings with respect	48167
thereto; a maximum rate of interest that bonds with a floating	48168
rate interest structure may bear, without regard to section 9.95	48169
of the Revised Code; any restrictions not inconsistent with this	48170
chapter on the amount and terms of and security for the repayment	48171
for loans made to qualifying subdivisions, local or regional	48172
transportation authorities, or other persons from the improvement	48173
fund; and any other term, condition, or provision of or with	48174
respect to the bonds which may be included in the bond	48175
proceedings.	48176

(H) The revenues and any special funds pledged to the payment	48177
of debt service on bonds pursuant to the bond proceedings for such	48178
bonds and thereafter received by the ~~commission~~department or by	48179
an agent on behalf of the ~~commission~~department are immediately	48180
subject to the lien of such pledge without any physical delivery	48181
thereof or further act. The lien of any such pledge is valid and	48182
binding against all parties having claims of any kind against the	48183
~~commission~~department or against any person, qualifying	48184
subdivision, or local or regional transportation authority or	48185
municipal corporation that is an absolute obligor with respect to	48186
such bonds, irrespective of whether such parties have notice	48187
thereof, and shall create a perfected security interest for all	48188
purposes of Chapter 1309. of the Revised Code, without the	48189
necessity for separation or delivery of funds or for the filing or	48190
recording of the bond proceedings by which such pledge is created,	48191
or any certificate, statement, or other document with respect	48192
thereto; and the pledge of such pledged receipts and special funds	48193
is effective and the moneys therefrom and thereof may be applied	48194
to the purposes for which pledged without necessity for any act of	48195
appropriation. Every pledge, and every covenant and agreement made	48196
in the bond proceedings with respect thereto, may therein be	48197
extended to the benefit of the owners and holders of the bonds	48198
authorized to be issued under this section and to any trustee or	48199
paying agent for such owners and holders for further security of	48200
the payment of the debt service on such bonds.	48201

(I) Each duty of the ~~commission~~department and of its	48202
~~members, directors, or officers~~employees and each duty of any	48203
other governmental agency and its officials, members, or employees	48204
undertaken pursuant to the bond proceedings or in any	48205
participation agreement is hereby established as a duty of the	48206
~~commission~~department or of such qualifying subdivision or local	48207
or regional transportation authority or governmental agency and of	48208
each such member, officer, official, or employee having authority	48209
to perform such duty, specifically enjoined by law resulting from	48210
an office, trust, or station within the meaning of section 2731.01	48211
of the Revised Code. ~~The persons who are at the time the members,~~	48212
~~directors, officers, or employees of the commission are not liable~~	48213
~~in their personal capacities on any bonds issued by the commission~~	48214
~~or under any of the bond proceedings with respect thereto~~Section	48215
9.86 of the Revised Code applies to all bond proceedings under	48216
this chapter.	48217

(J) Bonds issued under this section are lawful investments of	48218
banks, savings and loan associations, deposit guarantee	48219
associations, trust companies, trustees, fiduciaries, insurance	48220
companies, including domestic for life and domestic not for life,	48221
trustees or other officers having charge of sinking and bond	48222
retirement funds or other funds of the state and of political	48223
subdivisions and taxing districts of the state, the commissioners	48224
of the sinking fund of the state, the industrial commission, the	48225
state teachers retirement system, the public employees retirement	48226
system, the school employees retirement system, and the Ohio	48227
police and fire pension fund, notwithstanding any other provisions	48228
of the Revised Code or rules adopted by any state agency with	48229
respect to investments by them, and are also acceptable as	48230
security for the deposit of public moneys. For the purpose of	48231
causing bonds issued by the ~~commission~~department to be eligible	48232
for investment of interim moneys of the state or any subdivision	48233
of the state under section 135.14 of the Revised Code, but solely	48234
for that purpose, bonds issued by the ~~commission~~department shall	48235
be deemed to be bonds or other obligations of this state for	48236
purposes of division (B)(4) of section 135.14 of the Revised Code.	48237

(K) The bonds issued by the ~~commission~~department, the	48238
transfer thereof, and the income therefrom, including any profit	48239
made on the sale thereof, shall at all times be free from taxation	48240
within the state.	48241

(L) Any bonds which recite that they are issued pursuant to	48242
this section, which comply on their face with such section, which	48243
are issued for one or more permitted bond purposes, and for which	48244
the ~~commission~~department has been paid in full, shall in any	48245
action or proceeding involving their validity be conclusively	48246
deemed to have been issued, sold, executed, and delivered in	48247
conformity with law and shall be incontestable unless such action	48248
or proceeding is begun prior to the delivery of such bonds to the	48249
original purchaser or purchasers thereof.	48250

(M) In the event that the sum of all reserves pledged to the	48251
payment of such bonds shall be less than the minimum reserve	48252
requirements established ~~in any resolution or resolutions~~	48253
~~authorizing~~for the issuance of such bonds, the ~~chairperson~~	48254
director of ~~the commission~~transportation shall certify, on or	48255
before the first day of December of each year, the amount of such	48256
deficiency to the governor for inclusion, if the governor shall so	48257
elect, of the amount of such deficiency in the budget to be	48258
submitted to the next session of the general assembly for	48259
appropriation to the ~~commission~~department to be pledged for	48260
payment of such bonds or notes. The general assembly shall not be	48261
required to make any appropriations so requested, and the amount	48262
of such deficiencies do not constitute a debt or liability of the	48263
state.	48264

(N) All property of the ~~commission~~department is exempt from	48265
levy and sale by virtue of an execution and no execution or other	48266
judicial process may issue against the property. A judgment	48267
against the ~~commission~~department may not be a charge or lien upon	48268
its property. However, nothing in this section applies to or	48269
limits the rights of the holder of bonds or notes to pursue a	48270
remedy for the enforcement of a pledge or lien given by the bank	48271
on its revenues or other money.	48272

(O) No action to contest the validity of any bonds of the	48273
~~commission~~department to be sold at public sale may be brought	48274
after the fifteenth day following the first publication of notice	48275
of the sale of the bonds. No action to contest the validity of any	48276
bond sale under this chapter may be brought after the fifth day	48277
following the bond sale.	48278

(P) If bonds are sold at private sale, the ~~commission~~	48279
department may publish notice of the execution of the contract of	48280
sale of the bonds one time in a newspaper published and of general	48281
circulation in the city of Columbus. If notice is published as	48282
permitted in this division, no action to contest the validity of	48283
such bonds or notes sold at private sale may be brought after the	48284
fifteenth day following the publication of notice of the execution	48285
of the contract of sale pertaining to the bonds.	48286

(Q) If an action challenging the bonds of the ~~commission~~	48287
department is not brought within the time prescribed by division	48288
(O) or (P) of this section, whichever is applicable, all bonds of	48289
~~the commission~~ shall be conclusively presumed to be fully	48290
authorized and issued under the laws of the state, and a person or	48291
a qualified entity is estopped from questioning their	48292
authorization, sale, issuance, execution, or delivery by the	48293
~~commission~~department.	48294

(R) Insofar as the provisions of this section are	48295
inconsistent with the provisions of any other law, general,	48296
special, or local, the provisions of this chapter shall be	48297
controlling.	48298

~~Sec. 4981.16.~~ Sec. 5507.16. The ~~Ohio rail development commission~~	48299
department of transportation may make the following determinations	48300
in connection with any issuance of its bonds under this chapter:	48301

(A) The number, location, and other characteristics of	48302
projects, including to the extent reasonably possible, assurance	48303
that the projects to be financed by bonds will create or preserve	48304
jobs and employment opportunities or improve the economic welfare	48305
of the people of the state;	48306

(B) Eligibility requirements, including requirements for	48307
credit worthiness, for projects for which loans are made from	48308
proceeds of the bonds. In determining eligibility requirements the	48309
issuer shall take into consideration all of the following factors:	48310

(1) The length of time any borrower has been engaged in rail	48311
service;	48312

(2) The net income or net worth of any borrower;

48313

(3) The availability or feasibility of alternative financing	48314
methods for any borrower;	48315

(C) The type and amount of collateral, security, or credit	48316
enhancement to be provided to assure repayment of loans or of	48317
bonds;	48318

(D) The amounts and types of insurance coverage required on	48319
projects and loans;	48320

(E) Any other matters relating to the exercise of the powers	48321
or duties of the issuer under sections ~~4981.11~~5507.11 to ~~4981.26~~	48322
5507.26 of the Revised Code.	48323

~~Sec. 4981.17.~~ Sec. 5507.17. (A) In the discretion of the ~~Ohio rail~~	48324
~~development commission~~department of transportation, the bonds	48325
issued under this chapter may be secured by a trust agreement or	48326
indenture of mortgage between the issuer and a corporate trustee,	48327
which may be any trust company or bank having the powers of a	48328
trust company within or without this state but authorized to	48329
exercise trust powers within this state.	48330

(B) Any such trust agreement or indenture of mortgage may	48331
contain ~~the resolution or ordinance~~language authorizing the	48332
issuance of the bonds and other provisions that are customary or	48333
appropriate in an agreement or indenture of such type, including,	48334
but not limited to:	48335

(1) A pledge of the rentals, revenues, and other income,	48336
charges, and moneys out of which the principal of and interest on	48337
the bonds shall be payable and a mortgage of all or any part of	48338
the pledged facilities, including any enlargements of and	48339
additions to such pledged facilities thereafter made;	48340

(2) Maintenance of each pledge, trust agreement, and	48341
indenture of mortgage made for the security of any of the bonds	48342
until the issuer has fully paid the principal of and interest on	48343
the bonds, or provision therefor has been made, for the security	48344
of which the pledge has been made and the trust agreement or	48345
indenture of mortgage has been given;	48346

(3) In the event of default in any payments required to be	48347
made by the bond proceedings or any other agreement of the issuer	48348
made as a part of the contract under which the bonds were issued,	48349
enforcement of such payments or agreement by mandamus, the	48350
appointment of a receiver in equity, or if a mortgage has been	48351
given, the foreclosure of such mortgage or any combination of the	48352
foregoing;	48353

(4) The rights and remedies of the bondholders and of the	48354
trustee and provisions for protecting and enforcing them,	48355
including limitations on rights of individual bondholders;	48356

(5) Such other provisions as the trustee, the original	48357
purchaser of the bonds, and the issuer agree upon.	48358

~~Sec. 4981.18.~~ Sec. 5507.18. (A) Any holder of bonds issued	48359
pursuant to sections ~~4981.11~~5507.11 to ~~4981.26~~5507.26 of the	48360
Revised Code or a trustee under a trust agreement or indenture of	48361
mortgage entered into pursuant to section ~~4981.17~~5507.17 of the	48362
Revised Code, except to the extent that their rights are	48363
restricted by the bond proceedings or by the terms of the bonds,	48364
may by any suitable form of legal proceedings, protect and enforce	48365
any rights under the laws of this state or granted by the bond	48366
proceedings. Such rights include the right to compel the	48367
performance of all duties of the ~~Ohio rail development commission~~	48368
department of transportation required by sections ~~4981.11~~5507.11	48369
to ~~4981.26~~5507.26 of the Revised Code or the bond proceedings; to	48370
enjoin unlawful activities; and in the event of default with	48371
respect to the payment of any principal of and interest on any	48372
bond or in the performance of any covenant or agreement on the	48373
part of the issuer in the resolution, ordinance, trust agreement,	48374
or indenture, to apply to a court having jurisdiction of the cause	48375
to appoint a receiver to administer and operate the pledged	48376
facilities, the rentals, revenues, and other income, charges, and	48377
moneys of which are pledged to the payment of principal of and	48378
interest on such bonds or which are the subject of the covenant or	48379
agreement, with full power to pay, and to provide for payment of,	48380
principal of and interest on such bonds, and with such powers,	48381
subject to the direction of the court, as are accorded receivers	48382
in general equity cases, excluding any power to pledge additional	48383
rentals, revenues, or other income, charges, or moneys of the	48384
issuer, including those derived from taxation, to the payment of	48385
such principal and interest; and to foreclose the mortgage on the	48386
pledged facilities in the same manner as for real estate of	48387
private corporations.	48388

(B) No law heretofore or hereafter enacted providing for a	48389
moratorium, postponement, or restraint upon the rights or remedies	48390
of a mortgagee or secured party to enforce a security interest,	48391
whether by foreclosure, collection or taking possession, judicial	48392
or other sale or disposition, or by any other means, shall apply	48393
to a security interest in all or any part of pledged facilities or	48394
in any way restrict, preclude, or otherwise impair the rights or	48395
remedies of the holders of bonds issued under sections ~~4981.11~~	48396
5507.11 to ~~4981.26~~5507.26 of the Revised Code or of any insurer,	48397
guarantor, or provider of a letter of credit or other credit	48398
facility or security enhancement arrangement pertaining to loans	48399
made or bonds issued under sections ~~4981.11~~5507.11 to ~~4981.26~~	48400
5507.26 of the Revised Code. The provisions of this division may	48401
be included as a covenant in any agreement with the holders of	48402
bonds or any insurer, guarantor, or provider of a letter of credit	48403
or other credit facility or security enhancement arrangement	48404
pertaining to loans made or bonds issued under sections ~~4981.11~~	48405
5507.11 to ~~4981.26~~5507.26 of the Revised Code.	48406

~~Sec. 4981.19.~~ Sec. 5507.19. All bonds issued under sections	48407
~~4981.11~~5507.11 to ~~4981.26~~5507.26 of the Revised Code are lawful	48408
investments of banks, societies for savings, savings and loan	48409
associations, deposit guarantee associations, trust companies,	48410
trustees, fiduciaries, insurance companies, including domestic for	48411
life and domestic not for life, trustees or other officers having	48412
charge of sinking and bond retirement or other special funds of	48413
political subdivisions and taxing districts of this state, the	48414
commissioners of the sinking fund of the state, the administrator	48415
of workers' compensation, the state teachers retirement system,	48416
the public employees retirement system, the school employees	48417
retirement system, and the Ohio police and fire pension fund,	48418
notwithstanding any other provision of the Revised Code or rules	48419
adopted pursuant thereto by any governmental agency of the state	48420
with respect to investments by them, and are acceptable as	48421
security for the deposit of public moneys.	48422

~~Sec. 4981.20.~~ Sec. 5507.20. (A) Any real or personal property, or	48423
both, of the ~~Ohio rail development commission~~department of	48424
transportation that is acquired, constructed, reconstructed,	48425
enlarged, improved, furnished, or equipped, or any combination	48426
thereof, and leased or subleased under authority of sections	48427
~~4981.11~~5507.11 to ~~4981.26~~5507.26 of the Revised Code shall be	48428
subject to ad valorem, sales, use, and franchise taxes and to	48429
zoning, planning, and building regulations and fees, to the same	48430
extent and in the same manner as if the lessee-user or	48431
sublessee-user thereof, rather than the issuer, had acquired,	48432
constructed, reconstructed, enlarged, improved, furnished, or	48433
equipped, or any combination thereof, such real or personal	48434
property, and title thereto was in the name of such lessee-user or	48435
sublessee-user.	48436

The transfer of tangible personal property by lease or	48437
sublease under authority of sections ~~4981.11~~5507.11 to ~~4981.26~~	48438
5507.26 of the Revised Code is not a sale as used in Chapter 5739.	48439
of the Revised Code. The exemptions provided in divisions (B)(1)	48440
and ~~(14)~~(12) of section 5739.02 of the Revised Code shall not be	48441
applicable to purchases for a project under sections ~~4981.11~~	48442
5507.11 to ~~4981.26~~5507.26 of the Revised Code.	48443

The issuer shall be exempt from all taxes on its real or	48444
personal property, or both, which has been acquired, constructed,	48445
reconstructed, enlarged, improved, furnished, or equipped, or any	48446
combination thereof, under sections ~~4981.11~~5507.11 to ~~4981.26~~	48447
5507.26 of the Revised Code so long as such property is used by	48448
the issuer for purposes which would otherwise exempt such	48449
property; has ceased to be used by a former lessee-user or	48450
sublessee-user and is not occupied or used; or has been acquired	48451
by the issuer but development has not yet commenced. The exemption	48452
shall be effective as of the date the exempt use begins. All taxes	48453
on the exempt real or personal property for the year should be	48454
prorated and the taxes for the exempt portion of the year shall be	48455
remitted by the county auditor.	48456

(B) Bonds issued under sections ~~4981.11~~5507.11 to ~~4981.26~~	48457
5507.26 of the Revised Code, the transfer thereof, and the	48458
interest and other income from the bonds, including any profit	48459
made on the sale thereof, are free from taxation within the state.	48460

~~Sec. 4981.21.~~ Sec. 5507.21. When a special assessment is made on	48461
real property owned by the ~~Ohio rail development commission~~	48462
department of transportation and leased under authority of	48463
sections ~~4981.11~~5507.11 to ~~4981.26~~5507.26 of the Revised Code,	48464
the installments of the assessment shall be paid by the lessee of	48465
such real property so long as ~~such~~the property is leased and any	48466
installment ~~thereof~~ remaining unpaid at the termination of any	48467
~~such~~ lease shall thereafter be paid by the issuer so long as ~~such~~	48468
the property is owned by it.	48469

~~Sec. 4981.22.~~ Sec. 5507.22. The ~~Ohio rail development commission~~	48470
department of transportation may issue refunding bonds to refund	48471
any bonds it previously issued under sections ~~4981.11~~5507.11 to	48472
~~4981.26~~5507.26 of the Revised Code, for any of the following	48473
purposes:	48474

(A) Refunding bonds ~~which~~that have matured or are about to	48475
mature when the rentals, revenues, and other income, charges, and	48476
moneys pledged for the payment of such bonds are insufficient to	48477
pay bonds ~~which~~that have matured or are about to mature or to	48478
make payments to other funds required by the bond proceedings;	48479

(B) Refunding any bonds as an incident to providing funds for	48480
reconstructing, enlarging, improving, or providing additional	48481
furnishings or equipment for the pledged facilities as to bonds	48482
originally issued under sections ~~4981.11~~5507.11 to ~~4981.26~~	48483
5507.26 of the Revised Code;	48484

(C) Refunding all of the outstanding bonds of any issue, both	48485
matured and unmatured, when the rentals, revenues, or other	48486
income, charges, or moneys pledged for the payment of such bonds	48487
are insufficient to pay bonds ~~which~~that have matured or are about	48488
to mature or to make payments to other funds required by the bond	48489
proceedings, if such outstanding bonds can be retired by call, at	48490
maturity, or with the consent of the holders thereof, whether from	48491
the proceeds of the sale of the refunding bonds or by exchange for	48492
the refunding bonds, provided that the principal amount of	48493
refunding bonds shall not exceed in amount the aggregate of the	48494
par value of the bonds to be retired, any redemption premium, past	48495
due and future interest to the date of maturity or proposed	48496
redemption that cannot otherwise be paid, and funds, if any, to	48497
reconstruct, enlarge, improve, furnish, or equip, or any	48498
combination thereof, the pledged facilities as to bonds originally	48499
issued under sections ~~4981.11~~5507.11 to ~~4981.26~~5507.26 of the	48500
Revised Code;	48501

(D) Refunding any bonds of the issuer previously issued when	48502
the refunding bonds will bear interest at a lower rate than the	48503
bonds to be refunded, or when the interest cost of the refunding	48504
bonds computed to absolute maturity will be less than the interest	48505
cost of the bonds to be refunded, or when the average life of the	48506
refunding bonds will be greater than the remaining average life of	48507
the bonds to be refunded.	48508

Refunding bonds issued pursuant to this section shall mature	48509
not later than thirty years from date of issue. Except as provided	48510
in this section, the terms of the issuance and sale of refunding	48511
bonds shall be as provided in sections ~~4981.11~~5507.11 to ~~4981.26~~	48512
5507.26 of the Revised Code for an original issue of bonds.	48513

~~Sec. 4981.23.~~ Sec. 5507.23. No bonds shall be issued under	48514
sections ~~4981.11~~5507.11 to ~~4981.26~~5507.26 of the Revised Code	48515
unless the ~~resolution~~language authorizing such issuance of bonds	48516
specifies that all wages paid to laborers and mechanics employed	48517
on such projects for which the bonds are issued shall be paid at	48518
the prevailing rates of wages of laborers and mechanics for the	48519
class of work called for by such project, which wages shall be	48520
determined in accordance with the requirements of Chapter 4115. of	48521
the Revised Code for determination of prevailing wage rates,	48522
provided that the requirements of this section do not apply where	48523
the federal government or any of its agencies furnished by loan or	48524
grant all or any part of the funds used in connection with such	48525
project and prescribes predetermined minimum wages to be paid to	48526
such laborers and mechanics; and provided further that should a	48527
nonpublic user beneficiary of the project undertake, as part of	48528
the project, construction to be performed by its regular	48529
bargaining unit employees who are covered under a collective	48530
bargaining agreement ~~which~~that was in existence prior to the date	48531
of the commitment instrument undertaking to issue bonds then, in	48532
that event, the rate of pay provided under the collective	48533
bargaining agreement may be paid to such employees.	48534

~~Sec. 4981.25.~~ Sec. 5507.25. In accordance with Section 13 of	48535
Article VIII, Ohio Constitution, the state, acting through the	48536
~~Ohio rail development commission~~department of transportation, for	48537
the purpose of implementing rail service, may ~~by resolution~~	48538
designate a corporation organized under Chapter 1702. or 1724. of	48539
the Revised Code as its agency to acquire, construct, reconstruct,	48540
enlarge, improve, furnish, or equip and to sell, lease, exchange,	48541
or otherwise dispose of property and facilities within the state	48542
for industry, commerce, distribution, and research; may approve	48543
such corporation and obligations of the corporation issued by it	48544
for one or more such purposes; and may have a beneficial interest	48545
in such corporation including the right to the property financed	48546
by such obligations on the retirement of such obligations, or by	48547
acquiring such property for endowment or similar uses or benefits	48548
or for ultimate direct use by it, subject to any lease or mortgage	48549
securing such obligations.	48550

~~Sec. 4981.26.~~ Sec. 5507.26. (A) A project of the ~~Ohio rail~~	48551
~~development commission~~department of transportation authorized by	48552
this chapter shall not be subject to the requirements relating to	48553
public buildings, structures, grounds, works, or improvements	48554
imposed by section 125.81, 713.02, or 713.25 of the Revised Code	48555
or any other similar requirements that may be lawfully waived by	48556
this section.	48557

(B) A project of the ~~commission~~department authorized by this	48558
chapter shall be constructed, reconstructed, enlarged, improved,	48559
furnished, or equipped and shall be leased, sold, or otherwise	48560
disposed of in the manner determined by the issuer in its sole	48561
discretion and any requirement of competitive bidding or other	48562
restriction, which may be lawfully waived by this section, imposed	48563
on the procedure for award of contracts for such purpose or the	48564
lease, sale, or other disposition of property of the issuer is not	48565
applicable to any action taken under sections ~~4981.11~~5507.11 to	48566
~~4981.26~~5507.26 of the Revised Code.	48567

~~Sec. 4981.28.~~ Sec. 5507.28. (A) The general assembly hereby finds	48568
and declares that it is in the public interest for private	48569
corporations or organizations to participate in the providing of	48570
rail service through the financing, design, construction,	48571
reconstruction, operation, and maintenance by private persons of	48572
all or part of a rail system, whether as system owners, lessees	48573
from the ~~Ohio rail development commission~~department of	48574
transportation, or agents for the ~~commission~~department.	48575

(B) To the extent that any provisions of sections ~~4981.28~~	48576
5507.28 to ~~4981.34~~5507.34 of the Revised Code conflict with any	48577
state or local statute, regulation, or ordinance, the provisions	48578
of sections ~~4981.28~~5507.28 to ~~4981.34~~5507.34 of the Revised Code	48579
are controlling.	48580

~~Sec. 4981.29.~~ Sec. 5507.29. (A) In addition to the powers	48581
contained in section ~~4981.14~~5507.14 of the Revised Code, the ~~Ohio~~	48582
~~rail development commission~~department of transportation may do	48583
all of the following:	48584

(1) Notwithstanding division (A) of section ~~4981.04~~5507.04	48585
of the Revised Code, adopt a plan for private participation in the	48586
financing, design, construction, and operation of all or part of a	48587
rail system;	48588

(2) Grant franchises for terms of up to fifty years and enter	48589
into franchise agreements with private corporations or	48590
organizations in connection therewith. A franchise may be awarded	48591
for the entire rail system or for a designated portion of the	48592
system, such as a corridor.	48593

(3) Use, close, relocate, or alter the grade of existing	48594
streets or highways or facilities of public utilities, and	48595
otherwise ensure compatibility of operation of public facilities	48596
with a franchise, whether in connection with the exercise of the	48597
~~commission's~~department's power to appropriate property or	48598
otherwise;	48599

(4) Consult with and receive services from other state	48600
agencies and political subdivisions in connection with the	48601
planning, financing, construction, and operation of the rail	48602
system;	48603

(5) In accordance with Chapter 163. of the Revised Code, and	48604
subject to the approval of the director of transportation,	48605
appropriate at a franchisee's expense real property that it may	48606
transfer to the franchisee, if the franchisee previously has made	48607
reasonable efforts to obtain the property in question through	48608
good-faith negotiations;	48609

(6) Make proceeds of bonds issued pursuant to section ~~4981.15~~	48610
5507.15 of the Revised Code available for financing of all or part	48611
of a privately operated rail system, and serve as the issuer of	48612
bonds to fund loans it may make to private corporations and	48613
organizations under sections ~~4981.01~~5507.01 to ~~4981.26~~5507.26 of	48614
the Revised Code;	48615

(7) Preserve and defend the confidentiality of trade secrets	48616
and proprietary information received from private corporations or	48617
organizations;	48618

~~(8) Enter into any indemnification agreements that are~~	48619
~~necessary to reimburse a franchisee for any injuries or losses~~	48620
~~suffered by any person and for which the franchisee is liable and~~	48621
~~must pay money damages, if the injuries or losses are of such a~~	48622
~~nature that, if the commission were the responsible party instead~~	48623
~~of the franchisee, the commission would not be liable for the~~	48624
~~injuries or losses due to any immunity it enjoys under the laws of~~	48625
~~this state~~.	48626

(B) The ~~commission~~department shall not regulate the rates or	48627
fares charged by a franchisee or the return on investment received	48628
by a franchisee, provided the rates are not discriminatory and	48629
overall return is not unreasonable. The ~~commission~~department	48630
shall not regulate operations of a franchisee so long as the	48631
franchisee operates in accordance with all applicable safety	48632
standards.	48633

~~Sec. 4981.30.~~ Sec. 5507.30. (A) The ~~Ohio rail development~~	48634
~~commission~~department of transportation, in accordance with	48635
Chapter 119. of the Revised Code, shall adopt, and may amend and	48636
rescind, rules governing the process whereby a private corporation	48637
or organization may apply to the ~~commission~~department for a	48638
franchise for all or part of a rail system. The rules also shall	48639
establish the financial and technical criteria upon which a	48640
franchise is awarded. The criteria may include all of the	48641
following:	48642

(1) The qualifications of each applicant, including the	48643
familiarity of the applicant with the transportation needs and	48644
resources of the state and the applicant's prior involvement and	48645
experience with respect to the development of rail service in this	48646
state;	48647

(2) The level of transport services offered;

48648

(3) The technology proposed;

48649

(4) The timetable for construction;

48650

(5) The construction, operation, and management plans;

48651

(6) The financial plan and the applicant's financial ability	48652
to provide reliable service;	48653

(7) Whether the proposed rail system will meet all applicable	48654
state and federal safety requirements;	48655

(8) Any legislative changes that may be necessary in order to	48656
implement the applicant's proposal;	48657

(9) Any plans and studies prepared for the ~~commission~~	48658
department;	48659

(10) The projected ability of each applicant's proposed	48660
revenue sources to meet projected capital and operating funding	48661
requirements.	48662

(B) The ~~commission~~department may solicit letters of intent	48663
from private corporations or organizations interested in applying	48664
for a franchise, and may require that a nonrefundable fee be	48665
submitted with the letter of intent. Any such fee may be applied	48666
against costs the ~~commission~~department incurs in evaluating	48667
applications and for subsequent administration of a franchise.	48668

(C) The ~~commission~~department may request proposals to be	48669
delivered for a franchise to construct, operate, and maintain the	48670
rail system or a portion thereof.	48671

(D) All applications for a franchise shall address the items	48672
contained in divisions (A)(1) to (11) of section ~~4981.04~~5507.04	48673
of the Revised Code.	48674

(E) The ~~commission~~department shall notify all prospective	48675
bidders for a franchise that any private corporation or	48676
organization that is awarded a franchise with respect to the 3-C	48677
corridor shall be obligated to reimburse the ~~commission~~department	48678
for amounts payable by the ~~commission~~department, up to a maximum	48679
of one million five hundred thousand dollars, arising out of	48680
commitments of the ~~commission~~department in connection with the	48681
preparation of the plan under section ~~4981.04~~5507.04 of the	48682
Revised Code, and out of other pre-existing contractual	48683
arrangements of the ~~commission~~department with respect to the 3-C	48684
corridor.	48685

(F) The ~~commission~~department may award a franchise for the	48686
rail system or a portion of the system to the applicant the	48687
~~commission~~department determines is best qualified, in accordance	48688
with standards for evaluation of applicants established by rule	48689
and previously announced.	48690

~~Sec. 4981.31.~~ Sec. 5507.31. (A) The award by the ~~Ohio rail~~	48691
~~development commission~~department of transportation of a franchise	48692
for all or part of a rail system shall be the sole license	48693
required for a franchisee to exercise all specified franchise	48694
powers and enjoy all specified franchise rights. The franchise	48695
shall be for a term of not less than thirty-five, but not more	48696
than fifty years from the date of commencement of actual service	48697
operations. ~~With the approval of the general assembly, the~~	48698
~~commission~~The department may extend a franchise beyond the time	48699
period specified in the original franchise award, on terms	48700
mutually agreeable to the franchisee and the ~~commission~~	48701
department. If the ~~commission~~department does not grant an	48702
extension, any portion of the rail system owned by the franchisee	48703
shall revert to the state upon expiration of the franchise.	48704

(B) In the absence of a material default by a franchisee	48705
under the franchise agreement, any termination by the ~~commission~~	48706
department of a franchise prior to the expiration of its stated	48707
terms shall be deemed to be either an impairment of contract by	48708
the state or the equivalent of the commencement of an	48709
appropriation action by the state, as the franchisee may elect,	48710
and shall entitle the franchisee to full compensation for its	48711
loss, including reimbursement of all costs incurred in the	48712
development of the franchise. Any terms of the franchise agreement	48713
designed to protect the reasonable expectations of persons	48714
providing financing for the portion of the system comprising the	48715
franchise shall not be affected by any proposed franchise	48716
termination, and any termination based upon an alleged material	48717
default in performance by the franchisee is subject to the hearing	48718
and appeal provisions of Chapter 119. of the Revised Code.	48719

(C) The franchise agreement may authorize the franchisee to	48720
plan, design, finance, construct, operate, and maintain its	48721
designated portion of the rail system and any ancillary system	48722
facilities.	48723

(D) The franchise agreement shall require the franchisee to	48724
construct, operate, and maintain the rail system in accordance	48725
with the franchise agreement. All minimum technical standards for	48726
the design, construction, and operation of the portion of the	48727
system comprising the franchise shall be included in the franchise	48728
agreement or incorporated by reference. The conditions of the	48729
franchise agreement relating to the actual operation of the	48730
trains, including train speed, capacity, construction and	48731
maintenance standards, environmental enhancement and protection,	48732
safety, and noise levels, supersede any conflicting rule,	48733
ordinance, resolution, standard, or charter provision of any	48734
agency or political subdivision of the state.	48735

(E) Provision may be included in the franchise agreement for	48736
a development and construction schedule, subject to extension for	48737
events beyond the control of the franchisee and changes in	48738
applicable state and federal law.	48739

(F) The franchise agreement shall obligate the ~~commission~~	48740
department, upon request of the franchisee, to assist in obtaining	48741
permits and licenses necessary for the construction and operation	48742
of the rail system and ancillary facilities.	48743

(G) ~~If a franchisee develops and either transfers its portion~~	48744
~~of the rail system to the commission and then leases that portion~~	48745
~~from the commission, or leases its portion to the commission and~~	48746
~~continues to operate that portion of the rail system, the state~~	48747
~~shall indemnify the franchisee against claims that, if made~~	48748
~~against the commission or the state, would be subject to a defense~~	48749
~~of sovereign immunity.~~	48750

~~(H)~~ In the franchise agreement, the ~~commission~~department may	48751
furnish the franchisee with reasonable assurances that the state	48752
will not take any action that would have the effect of depriving	48753
the franchisee of the anticipated economic benefits of franchise	48754
operation, including the award of franchises subsequent to the	48755
award of the 3-C corridor franchise which have such effect, and	48756
that the ~~commission~~department will take such reasonable actions	48757
to dissuade other agencies of the state from taking actions that	48758
might have an adverse economic or regulatory impact on the	48759
franchisee.	48760

~~(I)~~(H) If more than one franchise is awarded, the franchisees	48761
shall bear all costs necessary for the interconnection of their	48762
respective franchises, which costs shall be allocated equitably by	48763
the ~~commission~~department.	48764

~~(J)~~(I) After a franchise is awarded, the terms under which it	48765
is awarded may be modified only by written agreement of the	48766
parties, after observation of notice and comment procedures	48767
initially agreed to by the ~~commission~~department and the	48768
franchisee.	48769

~~(K)~~(J) The ~~commission~~department shall cooperate with the	48770
environmental protection agency in the franchise procurement	48771
review and award process. In consultation with the agency, the	48772
~~commission~~department shall adopt or amend reasonable procedural	48773
rules in order to simplify and expedite the process by which the	48774
franchisee applies for and obtains required state permits.	48775

~~(L)~~(K) The ~~commission~~department shall assist franchisees in	48776
meeting environmental requirements, including, if requested by a	48777
franchisee, serving as the lead agency in connection with	48778
environmental impact analysis requirements.	48779

~~Sec. 4981.32.~~ Sec. 5507.32. (A) A franchise agreement shall	48780
authorize the franchisee to do all of the following:	48781

(1) Acquire and dispose of real and personal property and	48782
request the ~~Ohio rail development commission~~department of	48783
transportation to appropriate real property for sale to the	48784
franchisee in accordance with division (A)(5) of section ~~4981.29~~	48785
5507.29 of the Revised Code;	48786

(2) Plan, design, finance, construct, reconstruct, improve,	48787
operate, and maintain its portion of the rail system and any	48788
ancillary system facilities;	48789

(3) Set and charge rates and fares for the use of its portion	48790
of the rail system, and retain all revenues in excess of debt	48791
service and operating expenses up to an agreed return on	48792
investment;	48793

(4) Subject to applicable permit requirements, construct and	48794
operate the rail system over or under canals, navigable	48795
watercourses, and existing transportation and public utility	48796
rights-of-way;	48797

(5) Classify users according to reasonable categories for the	48798
assessment of fares, including peak and off-peak time periods;	48799

(6) Make and enforce reasonable regulations regarding usage	48800
and safety of that portion of the rail system comprising its	48801
franchise;	48802

(7) Engage in any other business in addition to that of	48803
operator of its portion of the rail system, including the purchase	48804
and sale of real estate and ownership and operation of ancillary	48805
system facilities;	48806

(8) Establish and fund accounts, including reasonable	48807
reserves for contingencies, maintenance, and replacement, in order	48808
to ensure the availability of funds to meet future obligations of	48809
the franchisee;	48810

(9) Take all other actions it determines necessary and	48811
appropriate in the operation of the franchise, so long as those	48812
actions comply with the franchise agreement and with applicable	48813
state and federal statutes, rules, and regulations.	48814

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

48815

(1) Use best efforts to arrange financing for the	48816
construction and operation of that portion of the rail system that	48817
comprises its franchise, and pledge assets and revenue as may be	48818
necessary to secure repayment of obligations;	48819

(2) Maintain and file with the ~~commission~~department a	48820
schedule of rates and fares, and file and maintain a statement	48821
that those rates and fares apply uniformly to all users of the	48822
rail system within reasonable categories;	48823

(3) Construct, maintain, and insure the rail system in	48824
accordance with standards agreed with the ~~commission~~department,	48825
and permit access for inspection by the ~~commission~~department.	48826
Construction may be performed in stages pursuant to a schedule or	48827
program approved by the ~~commission~~department.	48828

(4) Enlarge or expand its portion of the rail system from	48829
time to time, as reflected in initial plans for the franchise and	48830
as appropriate to meet market requirements;	48831

(5) Operate the rail system in accordance with applicable	48832
legal requirements and any additional reasonable operating and	48833
safety standards the ~~commission~~department approves, or as	48834
otherwise may be required by applicable state or federal	48835
requirements;	48836

(6) Contract with state, county, or municipal law enforcement	48837
agencies, or enter into other arrangements acceptable to the	48838
~~commission~~department, to provide law enforcement on and around	48839
the franchisee's portion of the rail system.	48840

(C) Any instrument by which real property is acquired	48841
pursuant to this section shall identify the agency of the state	48842
that has the use and benefit of the real property as specified in	48843
section 5301.012 of the Revised Code.	48844

~~Sec. 4981.33.~~ Sec. 5507.33. (A) The ~~Ohio rail development~~	48845
~~commission~~department of transportation shall review all plans and	48846
specifications of a franchisee for its portion of a rail system to	48847
ensure that the plans and specifications conform to ~~commission~~	48848
department standards, and shall inspect and approve the	48849
construction of all portions of the rail system. ~~The commission~~	48850
~~shall assume responsibility for and indemnify any franchisee for~~	48851
~~third-party claims arising out of franchisee design and~~	48852
~~construction activities performed without fault that have been~~	48853
~~reviewed and approved by the commission.~~	48854

(B) The ~~commission~~department shall monitor maintenance	48855
practices of a franchisee or its operator to secure and maintain	48856
safety and efficiency in the operation of those portions of the	48857
rail system operated by the franchisee.	48858

(C) All rules adopted by the ~~commission~~department affecting	48859
the rail system or franchises shall be adopted in accordance with	48860
Chapter 119. of the Revised Code.	48861

(D) The ~~commission~~department shall not regulate rates and	48862
fares a franchisee charges for its portion of the rail system.	48863

(E) The ~~commission~~department may require a franchisee to	48864
furnish to the ~~commission~~department data sufficient to enable it	48865
to verify the franchisee's compliance with all terms of its	48866
franchise agreement.	48867

(F) Except for rules adopted by the ~~commission~~department or	48868
the franchisee pursuant to sections ~~4981.28~~5507.28 to ~~4981.34~~	48869
5507.34 of the Revised Code, the laws of this state relating to	48870
rail carriers apply to all portions of the rail system, and the	48871
powers of arrest of law enforcement officers on and around any	48872
portion of the rail system are the same there as elsewhere in the	48873
state.	48874

~~Sec. 4981.34.~~ Sec. 5507.34. (A) On behalf of a franchisee and	48875
pursuant to section ~~4981.15~~5507.15 of the Revised Code, the ~~Ohio~~	48876
~~rail development commission~~department of transportation may issue	48877
bonds for loans to finance development and construction of a	48878
franchisee's portion of a rail system. Any bonds issued pursuant	48879
to this section do not, and shall state that they do not,	48880
represent or constitute a debt or pledge of the faith and credit	48881
of the state, nor do such bonds grant to the bondholders or	48882
noteholders any right to have the general assembly levy any taxes	48883
or appropriate any funds for the payment of the principal or	48884
interest thereon. Such bonds shall be payable solely from the loan	48885
repayments the ~~commission~~department receives from the franchisee	48886
to which the loan was made. The loan repayments shall be made from	48887
revenues that the franchisee receives from the operation of its	48888
portion of the rail system and that shall be pledged to repay the	48889
~~commission~~department, or from such other credit sources as the	48890
franchisee may arrange.	48891

(B) The portion of the rail system awarded to a franchisee,	48892
any elements thereof, or the land upon which a franchise is	48893
situated may be owned by the franchisee or owned by the ~~commission~~	48894
department and leased to the franchisee for the term of the	48895
franchise.	48896

(C) The rail system may be financed partially by the	48897
~~commission~~department and partially by franchisees. With respect	48898
to that portion of the rail system financed by the ~~commission~~	48899
department, the ~~commission~~department may utilize all of the	48900
bonding and financial authority contained in sections ~~4981.01~~	48901
5507.01 to ~~4981.26~~5507.26 of the Revised Code and also may seek	48902
to obtain state funding or federal financing on behalf of the rail	48903
system. ~~Commission~~Department financing, credit support, and	48904
financial assistance may not be commingled with private financing	48905
obtained by the franchisee, and any moneys of the ~~commission~~	48906
department to be expended by the ~~commission~~department to finance	48907
a portion of a rail system shall be kept in accounts that are	48908
separate and apart from and not a part of the accounts in which	48909
are kept any moneys to be expended by a franchisee to finance its	48910
portion of a rail system.	48911

(D) The franchisee may arrange financing and refinancing of	48912
the system through any combination of debt, equity, and public	48913
sources available to it that it determines in its sole discretion.	48914
A franchisee shall not be precluded from utilizing any type of	48915
public or private assistance available to it in connection with	48916
the development of its franchise. A franchisee shall furnish the	48917
~~commission~~department all relevant and necessary information with	48918
respect to financing terms to enable the ~~commission~~department to	48919
exercise its oversight responsibilities with respect to the	48920
franchisee's reasonable return on its investment.	48921

(E) When requested by a franchisee, the ~~commission~~department	48922
shall seek from the office of budget and management an allotment	48923
of proceeds from the issuance of private activity bonds. The	48924
~~commission~~department shall distribute those proceeds to	48925
franchisees in such proportions and amounts as it determines in	48926
its discretion.	48927

(F)(1) The ~~commission~~department may levy and collect special	48928
assessments upon all parcels of real property, other than real	48929
property owned by a railroad corporation, in the immediate	48930
vicinity of any rail system station or terminal of the ~~commission~~	48931
department or a franchisee, including, without limitation, parcels	48932
that abut, are adjacent or contiguous to, or otherwise increase in	48933
value due to the existence of, the station or terminal. An	48934
assessment levied under this division shall be for the purpose of	48935
enabling the ~~commission~~department to collect a portion of the	48936
increase in the true value in money of any such parcel of property	48937
subsequent to the commencement of operation of a rail system	48938
station or terminal. All assessments shall be applied, directly or	48939
indirectly, to the development and financing of the portion of the	48940
rail system of which the station or terminal is a part.	48941

(2) Upon written request of the ~~commission~~department, the	48942
county auditor of a county in which a rail system station or	48943
terminal commences operation shall assess each parcel of real	48944
property that is located in the immediate vicinity of the station	48945
or terminal and that the ~~commission~~department has reasonable	48946
cause to believe has increased in true value in money because of	48947
the existence of the station or terminal. The county auditor shall	48948
utilize appropriate assessment techniques specified in rules	48949
adopted by the tax commissioner pursuant to Chapter 5713. of the	48950
Revised Code to determine the increase in true value, if any, of	48951
the real property. Any increase shall be measured by comparing the	48952
true value of the real property in the year in which the	48953
~~commission adopted the resolution designating~~department	48954
designated the location of the station or terminal, as reflected	48955
on the tax list for that year, with the highest true value of the	48956
real property as of the month in which rail system operations	48957
commenced at the station or terminal. The county auditor shall	48958
then determine what percentage of the true value increase, if any,	48959
is directly attributable to the existence of and commencement of	48960
operations at the station or terminal. The county auditor shall	48961
convert the percentage increase to an amount certain, and certify	48962
the results of the assessments to the ~~commission~~department.	48963
Within thirty days after receipt of the certified results, the	48964
~~commission~~department shall reimburse the county auditor for the	48965
actual cost to the auditor of making the assessments.	48966

(3) In no case shall any special assessment levied by the	48967
~~commission~~department upon a parcel of real property exceed twenty	48968
per cent of the increase in the true value of the property that	48969
the county auditor certifies to the ~~commission~~department as being	48970
directly attributable to the existence of and commencement of	48971
operations at the station or terminal. A special assessment shall	48972
constitute a lien against the property and shall be added to the	48973
tax list and duplicate for collection. Payments on the special	48974
assessment shall be made semiannually at the same time as real	48975
property taxes are required to be paid, but upon written request	48976
of the owner of the real property assessed, the county auditor may	48977
permit the owner to pay the assessment in equal installments over	48978
a period of not longer than ten years.	48979

(4) An owner of real property upon which a special assessment	48980
is levied under this section may file a petition in the court of	48981
common pleas of the county in which the real property is located	48982
challenging any aspect of the assessment, including the fact of	48983
the special assessment itself or the amount. The filing of such a	48984
petition shall stay the collection of any part of the special	48985
assessment, and collection shall not commence until a decision on	48986
the merits is rendered by the court.	48987

(G) Nothing in this section shall be construed as limiting	48988
the power of the ~~commission~~department to issue bonds pursuant to	48989
section ~~4981.15~~5507.15 of the Revised Code for the purposes	48990
stated in that section.	48991

~~Sec. 4981.35.~~ Sec. 5507.35. The "Interstate High Speed Intercity	48992
Rail Passenger Network Compact" is hereby ratified, enacted into	48993
law and entered into by the state of Ohio with all other states	48994
legally joining therein the form substantially as follows:	48995

"INTERSTATE HIGH SPEED INTERCITY RAIL PASSENGER

48996

NETWORK COMPACT

48997

Article I

48999

Policy and Purpose

49000

Because the beneficial service of and profitability of a high	49001
speed intercity rail passenger system would be enhanced by	49002
establishing such a system which would operate across state lines,	49003
it is the policy of the states party to this compact to cooperate	49004
and share jointly the administrative and financial	49005
responsibilities of preparing a feasibility study concerning the	49006
operation of such a system connecting major cities in Ohio,	49007
Indiana, Michigan, Pennsylvania, Illinois, West Virginia, and	49008
Kentucky.	49009

Article II	49010

Cooperation

49011

The states of Ohio, Indiana, Michigan, Pennsylvania,	49012
Illinois, West Virginia, and Kentucky, hereinafter referred to as	49013
participating states, agree to, upon adoption of this compact by	49014
the respective states, jointly conduct and participate in a high	49015
speed intercity rail passenger feasibility study by providing such	49016
information and data as is available and may be requested by a	49017
participating state or any consulting firms representing a	49018
participating state or the compact. It is mutually understood by	49019
the participating states that such information shall not include	49020
matters not of public record or of a nature considered to be	49021
privileged and confidential unless the state providing such	49022
information agrees to waive the confidentiality.	49023

The participating states further agree to:

49024

(A) Make available to each other and to any consulting firm	49025
representing the member states or the compact such assistance as	49026
may be legal, proper and available, including but not limited to	49027
personnel, equipment, office space, machinery, computers,	49028
engineering and technical advice and services; and	49029

(B) Provide such financial assistance for the implementation	49030
of the feasibility study as may be legal, proper and available.	49031

Article III

49032

Interstate Rail Passenger Advisory Council

49033

There is hereby created an interstate rail passenger advisory	49034
council, the membership of which shall consist of two	49035
representatives from each participating state, one representative	49036
from each state shall hold a bachelor of science degree in either	49037
engineering or transportation science, and shall be appointed by	49038
the governor of the participating state and the other shall be the	49039
chairman of the state's railroad authority, but in the event said	49040
state does not have a railroad authority, the second member shall	49041
be the director of the participating state's transportation	49042
agency. The members shall select designees who shall serve in the	49043
absence of the members. The advisory council shall meet within	49044
thirty days after ratification of this agreement by at least two	49045
participating states and establish rules for the conduct of the	49046
advisory council's business.	49047

The advisory council shall coordinate all aspects of the high	49048
speed intercity rail passenger feasibility study relative to	49049
interstate connections and shall do all other things necessary and	49050
proper for the completion of the feasibility study.	49051

Article IV	49052

Effective Date

49053

This compact shall become effective upon the adoption of the	49054
compact into law by two or more of the participating states.	49055
Thereafter, it shall enter into force and effect as to any other	49056
participating state upon the enactment thereof by such state.	49057

This compact shall continue in force with respect to a	49058
participating state and remain binding upon such state until six	49059
months after such state has given notice to each other	49060
participating state of the repeal thereof. Such withdrawal shall	49061
not be construed to relieve any participating state from any	49062
obligation incurred prior to the end of the state's participation	49063
in the compact as provided herein.	49064

Article V

49065

Construction and Severability

49066

This compact shall be liberally construed so as to effectuate	49067
the purposes thereof. The provisions of this compact shall be	49068
severable and if any phrase, clause, sentence, or provision of	49069
this compact is declared to be contrary to the constitution of any	49070
participating state or of the United States, or the applicability	49071
thereof to any government, agency, person, or circumstance is held	49072
invalid, the validity of the remainder of this compact and the	49073
applicability thereof to any government, agency, person, or	49074
circumstance shall not be affected thereby. If this compact shall	49075
be held contrary to the constitution of any participating state,	49076
the compact shall remain in full force and effect as to the	49077
remaining states and in full force and effect as to the state	49078
affected as to all severable matters."	49079

~~Sec. 4981.36.~~ Sec. 5507.36. The "Midwest Interstate Passenger Rail	49080
Compact" is hereby ratified, enacted into law, and entered into by	49081
the state of Ohio with all other states legally joining therein in	49082
the form substantially as follows:	49083

"MIDWEST INTERSTATE PASSENGER RAIL COMPACT

49084

The contracting states solemnly agree:

49085

Article I

49086

Statement of Purpose

49087

The purposes of this compact are, through joint or	49088
cooperative action:	49089

A) To promote development and implementation of improvements	49090
to intercity passenger rail service in the Midwest;	49091

B) To coordinate interaction among Midwestern state elected	49092
officials and their designees on passenger rail issues;	49093

C) To promote development and implementation of long-range	49094
plans for high speed rail passenger service in the Midwest and	49095
among other regions of the United States;	49096

D) To work with the public and private sectors at the	49097
federal, state and local levels to ensure coordination among the	49098
various entities having an interest in passenger rail service and	49099
to promote Midwestern interests regarding passenger rail; and	49100

E) To support efforts of transportation agencies involved in	49101
developing and implementing passenger rail service in the Midwest.	49102

Article II

49103

Establishment of Commission

49104

To further the purposes of the compact, a Commission is	49105
created to carry out the duties specified in this compact.	49106

Article III

49107

Commission Membership

49108

The manner of appointment of Commission members, terms of	49109
office consistent with the terms of this compact, provisions for	49110
removal and suspension, and manner of appointment to fill	49111
vacancies shall be determined by each party state pursuant to its	49112
laws, but each commissioner shall be a resident of the state of	49113
appointment. Commission members shall serve without compensation	49114
from the Commission.	49115

The Commission shall consist of four resident members of each	49116
state as follows: The governor or the governor's designee who	49117
shall serve during the tenure of office of the governor, or until	49118
a successor is named; one member of the private sector who shall	49119
be appointed by the governor and shall serve during the tenure of	49120
office of the governor, or until a successor is named; and two	49121
legislators, one from each legislative chamber (or two legislators	49122
from any unicameral legislature), who shall serve two-year terms,	49123
or until successors are appointed, and who shall be appointed by	49124
the appropriate appointing authority in each legislative chamber.	49125
All vacancies shall be filled in accordance with the laws of the	49126
appointing states. Any commissioner appointed to fill a vacancy	49127
shall serve until the end of the incomplete term. Each member	49128
state shall have equal voting privileges, as determined by the	49129
Commission bylaws.	49130

Article IV

49131

Powers and Duties of the Commission

49132

The duties of the Commission are to:

49133

1) Advocate for the funding and authorization necessary to	49134
make passenger rail improvements a reality for the region;	49135

2) Identify and seek to develop ways that states can form	49136
partnerships, including with rail industry and labor, to implement	49137
improved passenger rail in the region;	49138

3) Seek development of a long-term, interstate plan for high	49139
speed rail passenger service implementation;	49140

4) Cooperate with other agencies, regions and entities to	49141
ensure that the Midwest is adequately represented and integrated	49142
into national plans for passenger rail development;	49143

5) Adopt bylaws governing the activities and procedures of	49144
the Commission and addressing, among other subjects: the powers	49145
and duties of officers; the voting rights of Commission members,	49146
voting procedures, Commission business, and any other purposes	49147
necessary to fulfill the duties of the Commission;	49148

6) Expend such funds as required to carry out the powers and	49149
duties of the Commission; and	49150

7) Report on the activities of the Commission to the	49151
legislatures and governor of the member states on an annual basis.	49152

In addition to its exercise of these duties, the Commission	49153
is empowered to:	49154

1) Provide multistate advocacy necessary to implement	49155
passenger rail systems or plans, as approved by the Commission;	49156

2) Work with local elected officials, economic development	49157
planning organizations, and similar entities to raise the	49158
visibility of passenger rail service benefits and needs;	49159

3) Educate other state officials, federal agencies, other	49160
elected officials and the public on the advantages of passenger	49161
rail as an integral part of an intermodal transportation system in	49162
the region;	49163

4) Work with federal agency officials and Members of Congress	49164
to ensure the funding and authorization necessary to develop a	49165
long-term, interstate plan for high speed rail passenger service	49166
implementation.	49167

5) Make recommendations to members states;

49168

6) If requested by each state participating in a particular	49169
project and under the terms of a formal agreement approved by the	49170
participating states and the Commission, implement or provide	49171
oversight for specific rail projects;	49172

7) Establish an office and hire staff as necessary;

49173

8) Contract for or provide services;

49174

9) Assess dues, in accordance with the terms of this compact;

49175

10) Conduct research; and

49176

11) Establish committees.

49177

Article V

49178

Officers

49179

The Commission shall annually elect from among its members a	49180
chair, a vice-chair who shall not be a resident of the state	49181
represented by the chair, and others as approved in the Commission	49182
bylaws. The officers shall perform such functions and exercise	49183
such powers as are specified in the Commission bylaws.	49184

Article VI

49185

Meetings and Commission Administration

49186

The Commission shall meet at least once in each calendar	49187
year, and at such other times as may be determined by the	49188
Commission. Commission business shall be conducted in accordance	49189
with the procedures and voting rights specified in the bylaws.	49190

Article VII

49191

Finance

49192

Except as otherwise provided for, the monies necessary to	49193
finance the general operations of the Commission in carrying forth	49194
its duties, responsibilities and powers as stated herein shall be	49195
appropriated to the Commission by the compacting states, when	49196
authorized by the respective legislatures, by equal apportionment	49197
among the compacting states. Nothing in this compact shall be	49198
construed to commit a member state to participate in financing a	49199
rail project except as provided by law of a member state.	49200

The Commission may accept, for any of its purposes and	49201
functions, donations, gifts, grants, and appropriations of money,	49202
equipment, supplies, materials and services from the federal	49203
government, from any party state or from any department, agency,	49204
or municipality thereof, or from any institution, person, firm, or	49205
corporation. All expenses incurred by the Commission in executing	49206
the duties imposed upon it by this compact shall be paid by the	49207
Commission out of the funds available to it. The Commission shall	49208
not issue any debt instrument. The Commission shall submit to the	49209
officer designated by the laws of each party state, periodically	49210
as required by the laws of each party state, a budget of its	49211
actual past and estimated future expenditures.	49212

Article VIII

49213

Enactment, Effective Date and Amendments

49214

The states of Illinois, Indiana, Iowa, Kansas, Michigan,	49215
Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota	49216
and Wisconsin are eligible to join this compact. Upon approval of	49217
the Commission, according to its bylaws, other states may also be	49218
declared eligible to join the compact. As to any eligible party	49219
state, this compact shall become effective when its legislature	49220
shall have enacted the same into law; provided that it shall not	49221
become initially effective until enacted into law by any three (3)	49222
party states incorporating the provisions of this compact into the	49223
laws of such states. Amendments to the compact shall become	49224
effective upon their enactment by the legislatures of all	49225
compacting states.	49226

Article IX

49227

Withdrawal, Default and Termination

49228

Withdrawal from this compact shall be by enactment of a	49229
statute repealing the same and shall take effect one year after	49230
the effective date of such statute. A withdrawing state shall be	49231
liable for any obligations which it may have incurred prior to the	49232
effective date of withdrawal.	49233

If any compacting state shall at any time default in the	49234
performance of any of its obligations, assumed or imposed, in	49235
accordance with the provisions of this compact, all rights,	49236
privileges and benefits conferred by this compact or agreements	49237
hereunder shall be suspended from the effective date of such	49238
default as fixed by the Commission, and the Commission shall	49239
stipulate the conditions and maximum time for compliance under	49240
which the defaulting state may resume its regular status. Unless	49241
such default shall be remedied under the stipulations and within	49242
the time period set forth by the Commission, this compact may be	49243
terminated with respect to such defaulting state by affirmative	49244
vote of a majority of the other Commission members. Any such	49245
defaulting state may be reinstated, upon vote of the Commission,	49246
by performing all acts and obligations as stipulated by the	49247
Commission.	49248

Article X

49249

Construction and Severability

49250

The provisions of this compact entered into hereunder shall	49251
be severable and if any phrase, clause, sentence or provision of	49252
this compact is declared to be contrary to the constitution of any	49253
compacting state or of the United States or the applicability	49254
thereof to any government, agency, person or circumstance is held	49255
invalid, the validity of the remainder of this compact and the	49256
applicability thereof to any government, agency, person or	49257
circumstance shall not be affected hereby. If this compact entered	49258
into hereunder shall be held contrary to the constitution of any	49259
compacting state, the compact shall remain in full force and	49260
effect as to the remaining states and in full force and effect as	49261
to the state affected as to all severable matters. The provisions	49262
of this compact entered into pursuant hereto shall be liberally	49263
construed to effectuate the purposes thereof."	49264

~~Sec. 4981.361.~~ Sec. 5507.361. In pursuance of Articles II and III	49265
of the Midwest Interstate Passenger Rail Compact, as set forth in	49266
section ~~4981.36~~5507.36 of the Revised Code, there shall be four	49267
members of the commission from this state.	49268

The governor shall appoint two members as set forth in	49269
Article III of the compact. The terms of office for the governor's	49270
appointments shall be in accordance with Article III of the	49271
compact.	49272

The speaker of the house of representatives and the president	49273
of the senate each shall appoint one member from their respective	49274
houses of the general assembly to serve as a member of the	49275
commission, but the two appointees shall not be members of the	49276
same political party. Terms of office for legislative appointees	49277
shall be in accordance with Article III of the compact.	49278

Any member shall continue in office subsequent to the	49279
expiration of the member's term until a successor is appointed.	49280
Vacancies in the commission shall be filled in the same manner as	49281
original selections are made. Any member of the commission may be	49282
reappointed.	49283

Except for the purposes of Chapters 102., 2744., and 2921. of	49284
the Revised Code, serving as a member of the commission does not	49285
constitute holding a public office or position of employment under	49286
the laws of this state and does not constitute grounds for removal	49287
of public officers or employees from their offices or positions of	49288
employment.	49289

The governor, speaker, or president may remove a member for	49290
whom the governor, speaker, or president was the appointing	49291
authority, for misfeasance, malfeasance, or willful neglect of	49292
duty.	49293

Members of the commission shall serve without compensation,	49294
but shall be reimbursed for the reasonable expenses incurred by	49295
them in the discharge of their duties as members of the	49296
commission.	49297

Sec. 5513.01. (A) All purchases of machinery, materials,	49298
supplies, or other articles that the director of transportation	49299
makes shall be in the manner provided in this section. In all	49300
cases except those in which the director provides written	49301
authorization for purchases by district deputy directors of	49302
transportation, all such purchases shall be made at the central	49303
office of the department of transportation in Columbus. Before	49304
making any purchase at that office, the director, as provided in	49305
this section, shall give notice to bidders of the director's	49306
intention to purchase. Where the expenditure does not exceed the	49307
amount applicable to the purchase of supplies specified in	49308
division (B)(1) of section 125.05 of the Revised Code, as adjusted	49309
pursuant to division (D) of that section, the director shall give	49310
such notice as the director considers proper, or the director may	49311
make the purchase without notice. Where the expenditure exceeds	49312
the amount applicable to the purchase of supplies specified in	49313
division (B)(1) of section 125.05 of the Revised Code, as adjusted	49314
pursuant to division (D) of that section, the director shall give	49315
notice by posting for not less than ten days a written, typed, or	49316
printed invitation to bidders on a bulletin board, which shall be	49317
located in a place in the offices assigned to the department and	49318
open to the public during business hours. Producers or	49319
distributors of any product may notify the director, in writing,	49320
of the class of articles for the furnishing of which they desire	49321
to bid and their post-office addresses, in which case copies of	49322
all invitations to bidders relating to the purchase of such	49323
articles shall be mailed to such persons by the director by	49324
regular first class mail at least ten days prior to the time fixed	49325
for taking bids. The director also may mail copies of all	49326
invitations to bidders to news agencies or other agencies or	49327
organizations distributing information of this character. Requests	49328
for invitations shall not be valid nor require action by the	49329
director unless renewed, either annually or after such shorter	49330
period as the director may prescribe by a general rule. The	49331
invitation to bidders shall contain a brief statement of the	49332
general character of the article that it is intended to purchase,	49333
the approximate quantity desired, and a statement of the time and	49334
place where bids will be received, and may relate to and describe	49335
as many different articles as the director thinks proper, it being	49336
the intent and purpose of this section to authorize the inclusion	49337
in a single invitation of as many different articles as the	49338
director desires to invite bids upon at any given time.	49339
Invitations issued during each calendar year shall be given	49340
consecutive numbers, and the number assigned to each invitation	49341
shall appear on all copies thereof. In all cases where notice is	49342
required by this section, sealed bids shall be taken, on forms	49343
prescribed and furnished by the director, and modification of bids	49344
after they have been opened shall not be permitted.	49345

(B) The director may permit any political subdivision and any	49346
state university or college to participate in contracts into which	49347
the director has entered for the purchase of machinery, materials,	49348
supplies, or other articles. Any political subdivision or state	49349
university or college desiring to participate in such purchase	49350
contracts shall file with the director a certified copy of the	49351
ordinance or resolution of its legislative authority, board of	49352
trustees, or other governing board requesting authorization to	49353
participate in such contracts and agreeing to be bound by such	49354
terms and conditions as the director prescribes. Purchases made by	49355
political subdivisions or state universities or colleges under	49356
this division are exempt from any competitive bidding required by	49357
law for the purchase of machinery, materials, supplies, or other	49358
articles.	49359

49360

(1) "Political subdivision" means any county, township,	49361
municipal corporation, conservancy district, township park	49362
district, park district created under Chapter 1545. of the Revised	49363
Code, port authority, regional transit authority, regional airport	49364
authority, regional water and sewer district, or county transit	49365
board.	49366

(2) "State university or college" has the same meaning as in	49367
division (A)(1) of section 3345.32 of the Revised Code.	49368

Sec. 5515.07. (A) The director of transportation, in	49369
accordance with Chapter 119. of the Revised Code, shall adopt	49370
rules consistent with the safety of the traveling public and	49371
consistent with the national policy to govern the use and control	49372
of rest areas within the limits of the right-of-way of interstate	49373
highways and other state highways and in other areas within the	49374
limits of the right-of-way of interstate highways.	49375

(B) Except as provided in division (C) of this section, no	49376
person shall engage in selling or offering for sale or exhibiting	49377
for purposes of sale, goods, products, merchandise, or services	49378
within the bounds of rest areas within the limits of the	49379
right-of-way of interstate highways and other state highways, or	49380
in other areas within the limits of the right-of-way of interstate	49381
highways, unless the director issues a permit in accordance with	49382
section 5515.01 of the Revised Code. Notwithstanding any rules	49383
adopted by the director to the contrary or any other policy	49384
changes proposed by the director, each district deputy director of	49385
the department of transportation shall continue to implement any	49386
program allowing organizations to dispense free coffee or similar	49387
items after obtaining a permit that operated within the district	49388
prior to January 1, 1997. Each district deputy director shall	49389
operate such program within the district in the same manner as the	49390
program was operated prior to that date.	49391

(C) In accordance with rules adopted under division (A) of	49392
this section, the director may cause vending machines to be placed	49393
within each rest area that is able to accommodate the machines.	49394
The vending machines shall dispense food, drink, and other	49395
appropriate articles.	49396

(D) This section does not apply to the sale of goods,	49397
products, merchandise, or services required for the emergency	49398
repair of motor vehicles or emergency medical treatment, or to the	49399
department of transportation as provided in section 5515.08 of the	49400
Revised Code.	49401

Sec. 5515.08. (A) The department of transportation may	49402
contract to sell commercial advertising space within or on the	49403
outside surfaces of any building located within a roadside rest	49404
area under its jurisdiction in exchange for cash payment. Money	49405
the department receives under this section shall be deposited in	49406
the state treasury to the credit of the roadside rest area	49407
improvement fund, which is hereby created. The department shall	49408
use the money in the fund only to improve roadside rest areas in	49409
accordance with section 5529.06 of the Revised Code.	49410

(B) Advertising placed under this section shall comply with	49411
all of the following:	49412

(1) It shall not be libelous or obscene and shall not promote	49413
any illegal product or service.	49414

(2) It shall not promote illegal discrimination on the basis	49415
of the race, religion, national origin, handicap, age, or ancestry	49416
of any person.	49417

(3) It shall not support or oppose any candidate for	49418
political office or any political cause, issue, or organization.	49419

(4) It shall comply with any controlling federal or state	49420
regulations or restrictions.	49421

(5) To the extent physically and technically practical, it	49422
shall state that the advertisement is a paid commercial	49423
advertisement and that the state does not endorse the product or	49424
service promoted by the advertisement or make any representation	49425
about the accuracy of the advertisement or the quality or	49426
performance of the product or service promoted by the	49427
advertisement.	49428

(6) It shall conform to all applicable rules adopted by the	49429
director of transportation under division (E) of this section.	49430

(C) Contracts entered into under this section shall be	49431
awarded only to the qualified bidder who submits the highest	49432
responsive bid or according to uniformly applied rate classes.	49433

(D) No person, except an advertiser alleging a breach of	49434
contract or the improper awarding of a contract, has a cause of	49435
action against the state with respect to any contract or	49436
advertising authorized by this section. Under no circumstances is	49437
the state liable for consequential or noneconomic damages with	49438
respect to any contract or advertising authorized under this	49439
section.	49440

(E) The director, in accordance with Chapter 119. of the	49441
Revised Code, shall adopt rules to implement this section. The	49442
rules shall be consistent with the policy of protecting the safety	49443
of the traveling public and consistent with the national policy	49444
governing the use and control of such roadside rest areas. The	49445
rules shall regulate the awarding of contracts and may regulate	49446
the content, display, and other aspects of the commercial	49447
advertising authorized by this section.	49448

Sec. 5519.01. If the director of transportation is unable to	49449
purchase property for any purpose related to highways, roads, or	49450
bridges, or rail authorized by Chapters 5501., 5503., 5507.,	49451
5511., 5513., 5515., 5516., 5517., 5519., 5521., 5523., 5525.,	49452
5527., 5528., 5529., 5531., 5533., and 5535. of the Revised Code,	49453
~~or, if the Ohio rail development commission is unable to purchase~~	49454
~~property for any purpose necessary for the implementation of rail~~	49455
~~service under Chapter 4981. of the Revised Code,~~ the director	49456
shall issue~~, or the commission shall enter on the records of the~~	49457
~~commission,~~ a finding that it is necessary, for the public	49458
convenience and welfare, to appropriate such property as the	49459
director ~~or commission~~ considers needed for such purposes. The	49460
finding shall contain a definite, accurate, and detailed	49461
description of the property, and the name and place of residence,	49462
if known or with reasonable diligence ascertainable, of the owner	49463
of the property appropriated. ~~The commission shall submit to the~~	49464
~~director a copy of its record finding that the appropriation of~~	49465
~~property is necessary. The commission shall not proceed with the~~	49466
~~appropriation unless it is first approved by the director.~~	49467

The director ~~or commission~~, in such finding, shall fix what	49468
the director ~~or commission~~ considers to be the value of such	49469
property appropriated, together with damages to the residue, and	49470
deposit the value thereof, together with the damages, with the	49471
probate court or the court of common pleas of the county within	49472
which the property, or a part thereof, is situated. The power to	49473
appropriate property for any purpose authorized by such chapters	49474
shall be exercised in the manner provided in sections 163.01 to	49475
163.22 of the Revised Code.	49476

Any instrument by which real property is acquired pursuant to	49477
this section shall identify the agency of the state that has the	49478
use and benefit of the real property as specified in section	49479
5301.012 of the Revised Code.	49480

Sec. 5705.19. This section does not apply to school	49481
districts or county school financing districts.	49482

The taxing authority of any subdivision at any time and in	49483
any year, by vote of two-thirds of all the members of the taxing	49484
authority, may declare by resolution and certify the resolution to	49485
the board of elections not less than seventy-five days before the	49486
election upon which it will be voted that the amount of taxes that	49487
may be raised within the ten-mill limitation will be insufficient	49488
to provide for the necessary requirements of the subdivision and	49489
that it is necessary to levy a tax in excess of that limitation	49490
for any of the following purposes:	49491

(A) For current expenses of the subdivision, except that the	49492
total levy for current expenses of a detention facility district	49493
or district organized under section 2151.65 of the Revised Code	49494
shall not exceed two mills and that the total levy for current	49495
expenses of a combined district organized under sections 2152.41	49496
and 2151.65 of the Revised Code shall not exceed four mills;	49497

(B) For the payment of debt charges on certain described	49498
bonds, notes, or certificates of indebtedness of the subdivision	49499
issued subsequent to January 1, 1925;	49500

(C) For the debt charges on all bonds, notes, and	49501
certificates of indebtedness issued and authorized to be issued	49502
prior to January 1, 1925;	49503

(D) For a public library of, or supported by, the subdivision	49504
under whatever law organized or authorized to be supported;	49505

(E) For a municipal university, not to exceed two mills over	49506
the limitation of one mill prescribed in section 3349.13 of the	49507
Revised Code;	49508

(F) For the construction or acquisition of any specific	49509
permanent improvement or class of improvements that the taxing	49510
authority of the subdivision may include in a single bond issue;	49511

(G) For the general construction, reconstruction,	49512
resurfacing, and repair of streets, roads, and bridges in	49513
municipal corporations, counties, or townships;	49514

(H) For parks and recreational purposes;

49515

(I) For the purpose of providing and maintaining fire	49516
apparatus, appliances, buildings, or sites therefor, or sources of	49517
water supply and materials therefor, or the establishment and	49518
maintenance of lines of fire alarm telegraph, or the payment of	49519
permanent, part-time, or volunteer firefighters or firefighting	49520
companies to operate the same, including the payment of the	49521
firefighter employers' contribution required under section 742.34	49522
of the Revised Code, or the purchase of ambulance equipment, or	49523
the provision of ambulance, paramedic, or other emergency medical	49524
services operated by a fire department or firefighting company;	49525

(J) For the purpose of providing and maintaining motor	49526
vehicles, communications, and other equipment used directly in the	49527
operation of a police department, or the payment of salaries of	49528
permanent police personnel, including the payment of the police	49529
officer employers' contribution required under section 742.33 of	49530
the Revised Code, or the payment of the costs incurred by	49531
townships as a result of contracts made with other political	49532
subdivisions in order to obtain police protection, or the	49533
provision of ambulance or emergency medical services operated by a	49534
police department;	49535

(K) For the maintenance and operation of a county home or	49536
detention facility;	49537

(L) For community mental retardation and developmental	49538
disabilities programs and services pursuant to Chapter 5126. of	49539
the Revised Code, except that the procedure for such levies shall	49540
be as provided in section 5705.222 of the Revised Code;	49541

(M) For regional planning;

49542

(N) For a county's share of the cost of maintaining and	49543
operating schools, district detention facilities, forestry camps,	49544
or other facilities, or any combination thereof, established under	49545
section 2152.41 or 2151.65 of the Revised Code or both of those	49546
sections;	49547

(O) For providing for flood defense, providing and	49548
maintaining a flood wall or pumps, and other purposes to prevent	49549
floods;	49550

(P) For maintaining and operating sewage disposal plants and	49551
facilities;	49552

(Q) For the purpose of purchasing, acquiring, constructing,	49553
enlarging, improving, equipping, repairing, maintaining, or	49554
operating, or any combination of the foregoing, a county transit	49555
system pursuant to sections 306.01 to 306.13 of the Revised Code,	49556
or of making any payment to a board of county commissioners	49557
operating a transit system or a county transit board pursuant to	49558
section 306.06 of the Revised Code;	49559

(R) For the subdivision's share of the cost of acquiring or	49560
constructing any schools, forestry camps, detention facilities, or	49561
other facilities, or any combination thereof, under section	49562
2152.41 or 2151.65 of the Revised Code or both of those sections;	49563

(S) For the prevention, control, and abatement of air	49564
pollution;	49565

(T) For maintaining and operating cemeteries;

49566

(U) For providing ambulance service, emergency medical	49567
service, or both;	49568

(V) For providing for the collection and disposal of garbage	49569
or refuse, including yard waste;	49570

(W) For the payment of the police officer employers'	49571
contribution or the firefighter employers' contribution required	49572
under sections 742.33 and 742.34 of the Revised Code;	49573

(X) For the construction and maintenance of a drainage	49574
improvement pursuant to section 6131.52 of the Revised Code;	49575

(Y) For providing or maintaining senior citizens services or	49576
facilities as authorized by section 307.694, 307.85, 505.70, or	49577
505.706 or division (EE) of section 717.01 of the Revised Code;	49578

(Z) For the provision and maintenance of zoological park	49579
services and facilities as authorized under section 307.76 of the	49580
Revised Code;	49581

(AA) For the maintenance and operation of a free public	49582
museum of art, science, or history;	49583

(BB) For the establishment and operation of a 9-1-1 system,	49584
as defined in section 4931.40 of the Revised Code;	49585

(CC) For the purpose of acquiring, rehabilitating, or	49586
developing rail property or rail service. As used in this	49587
division, "rail property" and "rail service" have the same	49588
meanings as in section ~~4981.01~~5507.01 of the Revised Code. This	49589
division applies only to a county, township, or municipal	49590
corporation.	49591

(DD) For the purpose of acquiring property for, constructing,	49592
operating, and maintaining community centers as provided for in	49593
section 755.16 of the Revised Code;	49594

(EE) For the creation and operation of an office or joint	49595
office of economic development, for any economic development	49596
purpose of the office, and to otherwise provide for the	49597
establishment and operation of a program of economic development	49598
pursuant to sections 307.07 and 307.64 of the Revised Code;	49599

(FF) For the purpose of acquiring, establishing,	49600
constructing, improving, equipping, maintaining, or operating, or	49601
any combination of the foregoing, a township airport, landing	49602
field, or other air navigation facility pursuant to section 505.15	49603
of the Revised Code;	49604

(GG) For the payment of costs incurred by a township as a	49605
result of a contract made with a county pursuant to section	49606
505.263 of the Revised Code in order to pay all or any part of the	49607
cost of constructing, maintaining, repairing, or operating a water	49608
supply improvement;	49609

(HH) For a board of township trustees to acquire, other than	49610
by appropriation, an ownership interest in land, water, or	49611
wetlands, or to restore or maintain land, water, or wetlands in	49612
which the board has an ownership interest, not for purposes of	49613
recreation, but for the purposes of protecting and preserving the	49614
natural, scenic, open, or wooded condition of the land, water, or	49615
wetlands against modification or encroachment resulting from	49616
occupation, development, or other use, which may be styled as	49617
protecting or preserving "greenspace" in the resolution, notice of	49618
election, or ballot form;	49619

(II) For the support by a county of a crime victim assistance	49620
program that is provided and maintained by a county agency or a	49621
private, nonprofit corporation or association under section 307.62	49622
of the Revised Code;	49623

(JJ) For any or all of the purposes set forth in divisions	49624
(I) and (J) of this section. This division applies only to a	49625
township.	49626

(KK) For a countywide public safety communications system	49627
under section 307.63 of the Revised Code. This division applies	49628
only to counties.	49629

(LL) For the support by a county of criminal justice services	49630
under section 307.45 of the Revised Code;	49631

(MM) For the purpose of maintaining and operating a jail or	49632
other detention facility as defined in section 2921.01 of the	49633
Revised Code;	49634

(NN) For purchasing, maintaining, or improving, or any	49635
combination of the foregoing, real estate on which to hold	49636
agricultural fairs. This division applies only to a county.	49637

(OO) For constructing, rehabilitating, repairing, or	49638
maintaining sidewalks, walkways, trails, bicycle pathways, or	49639
similar improvements, or acquiring ownership interests in land	49640
necessary for the foregoing improvements;	49641

(PP) For both of the purposes set forth in divisions (G) and	49642
(OO) of this section.	49643

(QQ) For both of the purposes set forth in divisions (H) and	49644
(HH) of this section. This division applies only to a township.	49645

(RR) For the legislative authority of a municipal	49646
corporation, board of county commissioners of a county, or board	49647
of township trustees of a township to acquire agricultural	49648
easements, as defined in section 5301.67 of the Revised Code, and	49649
to supervise and enforce the easements.	49650

(SS) For both of the purposes set forth in divisions (BB) and	49651
(KK) of this section. This division applies only to a county.	49652

The resolution shall be confined to the purpose or purposes	49653
described in one division of this section, to which the revenue	49654
derived therefrom shall be applied. The existence in any other	49655
division of this section of authority to levy a tax for any part	49656
or all of the same purpose or purposes does not preclude the use	49657
of such revenues for any part of the purpose or purposes of the	49658
division under which the resolution is adopted.	49659

The resolution shall specify the amount of the increase in	49660
rate that it is necessary to levy, the purpose of that increase in	49661
rate, and the number of years during which the increase in rate	49662
shall be in effect, which may or may not include a levy upon the	49663
duplicate of the current year. The number of years may be any	49664
number not exceeding five, except as follows:	49665

(1) When the additional rate is for the payment of debt	49666
charges, the increased rate shall be for the life of the	49667
indebtedness.	49668

(2) When the additional rate is for any of the following, the	49669
increased rate shall be for a continuing period of time:	49670

(a) For the current expenses for a detention facility	49671
district, a district organized under section 2151.65 of the	49672
Revised Code, or a combined district organized under sections	49673
2152.41 and 2151.65 of the Revised Code;	49674

(b) For providing a county's share of the cost of maintaining	49675
and operating schools, district detention facilities, forestry	49676
camps, or other facilities, or any combination thereof,	49677
established under section 2152.41 or 2151.65 of the Revised Code	49678
or under both of those sections.	49679

(3) When the additional rate is for either of the following,	49680
the increased rate may be for a continuing period of time:	49681

(a) For the purposes set forth in division (I), (J), (U), or	49682
(KK) of this section;	49683

(b) For the maintenance and operation of a joint recreation	49684
district.	49685

(4) When the increase is for the purpose or purposes set	49686
forth in division (D), (G), (H), (CC), or (PP) of this section,	49687
the tax levy may be for any specified number of years or for a	49688
continuing period of time, as set forth in the resolution.	49689

(5) When the additional rate is for the purpose described in	49690
division (Z) of this section, the increased rate shall be for any	49691
number of years not exceeding ten.	49692

A levy for one of the purposes set forth in division (G),	49693
(I), (J), or (U) of this section may be reduced pursuant to	49694
section 5705.261 or 5705.31 of the Revised Code. A levy for one of	49695
the purposes set forth in division (G), (I), (J), or (U) of this	49696
section may also be terminated or permanently reduced by the	49697
taxing authority if it adopts a resolution stating that the	49698
continuance of the levy is unnecessary and the levy shall be	49699
terminated or that the millage is excessive and the levy shall be	49700
decreased by a designated amount.	49701

A resolution of a detention facility district, a district	49702
organized under section 2151.65 of the Revised Code, or a combined	49703
district organized under both sections 2152.41 and 2151.65 of the	49704
Revised Code may include both current expenses and other purposes,	49705
provided that the resolution shall apportion the annual rate of	49706
levy between the current expenses and the other purpose or	49707
purposes. The apportionment need not be the same for each year of	49708
the levy, but the respective portions of the rate actually levied	49709
each year for the current expenses and the other purpose or	49710
purposes shall be limited by the apportionment.	49711

Whenever a board of county commissioners, acting either as	49712
the taxing authority of its county or as the taxing authority of a	49713
sewer district or subdistrict created under Chapter 6117. of the	49714
Revised Code, by resolution declares it necessary to levy a tax in	49715
excess of the ten-mill limitation for the purpose of constructing,	49716
improving, or extending sewage disposal plants or sewage systems,	49717
the tax may be in effect for any number of years not exceeding	49718
twenty, and the proceeds of the tax, notwithstanding the general	49719
provisions of this section, may be used to pay debt charges on any	49720
obligations issued and outstanding on behalf of the subdivision	49721
for the purposes enumerated in this paragraph, provided that any	49722
such obligations have been specifically described in the	49723
resolution.	49724

The resolution shall go into immediate effect upon its	49725
passage, and no publication of the resolution is necessary other	49726
than that provided for in the notice of election.	49727

When the electors of a subdivision have approved a tax levy	49728
under this section, the taxing authority of the subdivision may	49729
anticipate a fraction of the proceeds of the levy and issue	49730
anticipation notes in accordance with section 5705.191 or 5705.193	49731
of the Revised Code.	49732

Sec. 5705.41. No subdivision or taxing unit shall:

49733

(A) Make any appropriation of money except as provided in	49734
Chapter 5705. of the Revised Code; provided, that the	49735
authorization of a bond issue shall be deemed to be an	49736
appropriation of the proceeds of the bond issue for the purpose	49737
for which such bonds were issued, but no expenditure shall be made	49738
from any bond fund until first authorized by the taxing authority;	49739

(B) Make any expenditure of money unless it has been	49740
appropriated as provided in such chapter;	49741

(C) Make any expenditure of money except by a proper warrant	49742
drawn against an appropriate fund;	49743

(D)(1) Except as otherwise provided in division (D)(2) of	49744
this section and section 5705.44 of the Revised Code, make any	49745
contract or give any order involving the expenditure of money	49746
unless there is attached thereto a certificate of the fiscal	49747
officer of the subdivision that the amount required to meet the	49748
obligation or, in the case of a continuing contract to be	49749
performed in whole or in part in an ensuing fiscal year, the	49750
amount required to meet the obligation in the fiscal year in which	49751
the contract is made, has been lawfully appropriated for such	49752
purpose and is in the treasury or in process of collection to the	49753
credit of an appropriate fund free from any previous encumbrances.	49754
This certificate need be signed only by the subdivision's fiscal	49755
officer. Every such contract made without such a certificate shall	49756
be void, and no warrant shall be issued in payment of any amount	49757
due thereon. If no certificate is furnished as required, upon	49758
receipt by the taxing authority of the subdivision or taxing unit	49759
of a certificate of the fiscal officer stating that there was at	49760
the time of the making of such contract or order and at the time	49761
of the execution of such certificate a sufficient sum appropriated	49762
for the purpose of such contract and in the treasury or in process	49763
of collection to the credit of an appropriate fund free from any	49764
previous encumbrances, such taxing authority may authorize the	49765
drawing of a warrant in payment of amounts due upon such contract,	49766
but such resolution or ordinance shall be passed within thirty	49767
days after the taxing authority receives such certificate;	49768
provided that, if the amount involved is less than one hundred	49769
dollars in the case of counties or three thousand dollars in the	49770
case of all other subdivisions or taxing units, the fiscal officer	49771
may authorize it to be paid without such affirmation of the taxing	49772
authority of the subdivision or taxing unit, if such expenditure	49773
is otherwise valid.	49774

(2) Annually, the board of county commissioners may adopt a	49775
resolution exempting for the current fiscal year county purchases	49776
of seven hundred fifty dollars or less from the requirement of	49777
division (D)(1) of this section that a certificate be attached to	49778
any contract or order involving the expenditure of money. The	49779
resolution shall state the dollar amount that is exempted from the	49780
certificate requirement and whether the exemption applies to all	49781
purchases, to one or more specific classes of purchases, or to the	49782
purchase of one or more specific items. Prior to the adoption of	49783
the resolution, the board shall give written notice to the county	49784
auditor that it intends to adopt the resolution. The notice shall	49785
state the dollar amount that is proposed to be exempted and	49786
whether the exemption would apply to all purchases, to one or more	49787
specific classes of purchases, or to the purchase of one or more	49788
specific items. The county auditor may review and comment on the	49789
proposal, and shall send any comments to the board within fifteen	49790
days after receiving the notice. The board shall wait at least	49791
fifteen days after giving the notice to the auditor before	49792
adopting the resolution. A person authorized to make a county	49793
purchase in a county that has adopted such a resolution shall	49794
prepare and file with the county auditor, within three business	49795
days after incurring an obligation not requiring a certificate, a	49796
written document specifying the purpose and amount of the	49797
expenditure, the date of the purchase, the name of the vendor, and	49798
such additional information as the auditor of state may prescribe.	49799

(3) Upon certification by the auditor or other chief fiscal	49800
officer that a certain sum of money, not in excess of ~~five~~	49801
~~thousand dollars~~an amount established by resolution or ordinance	49802
adopted by a majority of the members of the legislative authority	49803
of the subdivision or taxing unit, has been lawfully appropriated,	49804
authorized, or directed for a certain purpose and is in the	49805
treasury or in the process of collection to the credit of a	49806
specific line-item appropriation account in a certain fund free	49807
from previous and then outstanding obligations or certifications,	49808
then for such purpose and from such line-item appropriation	49809
account in such fund, over a period ~~not exceeding three months and~~	49810
not extending beyond the end of the fiscal year, expenditures may	49811
be made, orders for payment issued, and contracts or obligations	49812
calling for or requiring the payment of money made and assumed;	49813
provided, that the aggregate sum of money included in and called	49814
for by such expenditures, orders, contracts, and obligations shall	49815
not exceed the sum so certified. Such a certification need be	49816
signed only by the fiscal officer of the subdivision or the taxing	49817
district and may, but need not, be limited to a specific vendor.	49818
An itemized statement of obligations incurred and expenditures	49819
made under such certificate shall be rendered to the auditor or	49820
other chief fiscal officer before another such certificate may be	49821
issued, and not more than one such certificate shall be	49822
outstanding at a time.	49823

In addition to providing the certification for expenditures	49824
~~of five thousand dollars or less~~ as ~~provided~~specified in this	49825
division, a subdivision also may make expenditures, issue orders	49826
for payment, and make contracts or obligations calling for or	49827
requiring the payment of money made and assumed for specified	49828
permitted purposes from a specific line-item appropriation account	49829
in a specified fund for a sum of money upon the certification by	49830
the fiscal officer of the subdivision that this sum of money has	49831
been lawfully appropriated, authorized, or directed for a	49832
permitted purpose and is in the treasury or in the process of	49833
collection to the credit of the specific line-item appropriation	49834
account in the specified fund free from previous and	49835
then-outstanding obligations or certifications; provided that the	49836
aggregate sum of money included in and called for by the	49837
expenditures, orders, and obligations shall not exceed the	49838
certified sum. The purposes for which a subdivision may lawfully	49839
appropriate, authorize, or issue such a certificate are the	49840
services of an accountant, architect, attorney at law, physician,	49841
professional engineer, construction project manager, consultant,	49842
surveyor, or appraiser by or on behalf of the subdivision or	49843
contracting authority; fuel oil, gasoline, food items, roadway	49844
materials, and utilities; and any purchases exempt from	49845
competitive bidding under section 125.04 of the Revised Code and	49846
any other specific expenditure that is a recurring and reasonably	49847
predictable operating expense. Such a certification shall not	49848
extend beyond the end of the fiscal year or, in the case of a	49849
board of county commissioners that has established a quarterly	49850
spending plan under section 5705.392 of the Revised Code, beyond	49851
the quarter to which the plan applies. Such a certificate shall be	49852
signed by the fiscal officer and may, but need not, be limited to	49853
a specific vendor. An itemized statement of obligations incurred	49854
and expenditures made under such a certificate shall be rendered	49855
to the fiscal officer for each certificate issued. More than one	49856
such certificate may be outstanding at any time.	49857

In any case in which a contract is entered into upon a per	49858
unit basis, the head of the department, board, or commission for	49859
the benefit of which the contract is made shall make an estimate	49860
of the total amount to become due upon such contract, which	49861
estimate shall be certified in writing to the fiscal officer of	49862
the subdivision. Such a contract may be entered into if the	49863
appropriation covers such estimate, or so much thereof as may be	49864
due during the current year. In such a case the certificate of the	49865
fiscal officer based upon the estimate shall be a sufficient	49866
compliance with the law requiring a certificate.	49867

Any certificate of the fiscal officer attached to a contract	49868
shall be binding upon the political subdivision as to the facts	49869
set forth therein. Upon request of any person receiving an order	49870
or entering into a contract with any political subdivision, the	49871
certificate of the fiscal officer shall be attached to such order	49872
or contract. "Contract" as used in this section excludes current	49873
payrolls of regular employees and officers.	49874

Taxes and other revenue in process of collection, or the	49875
proceeds to be derived from authorized bonds, notes, or	49876
certificates of indebtedness sold and in process of delivery,	49877
shall for the purpose of this section be deemed in the treasury or	49878
in process of collection and in the appropriate fund. This section	49879
applies neither to the investment of sinking funds by the trustees	49880
of such funds, nor to investments made under sections 731.56 to	49881
731.59 of the Revised Code.	49882

No district authority shall, in transacting its own affairs,	49883
do any of the things prohibited to a subdivision by this section,	49884
but the appropriation referred to shall become the appropriation	49885
by the district authority, and the fiscal officer referred to	49886
shall mean the fiscal officer of the district authority.	49887

Sec. 5709.62. (A) In any municipal corporation that is	49888
defined by the United States office of management and budget as a	49889
central city of a metropolitan statistical area, the legislative	49890
authority of the municipal corporation may designate one or more	49891
areas within its municipal corporation as proposed enterprise	49892
zones. Upon designating an area, the legislative authority shall	49893
petition the director of development for certification of the area	49894
as having the characteristics set forth in division (A)(1) of	49895
section 5709.61 of the Revised Code as amended by Substitute	49896
Senate Bill No. 19 of the 120th general assembly. Except as	49897
otherwise provided in division (E) of this section, on and after	49898
July 1, 1994, legislative authorities shall not enter into	49899
agreements under this section unless the legislative authority has	49900
petitioned the director and the director has certified the zone	49901
under this section as amended by that act; however, all agreements	49902
entered into under this section as it existed prior to July 1,	49903
1994, and the incentives granted under those agreements shall	49904
remain in effect for the period agreed to under those agreements.	49905
Within sixty days after receiving such a petition, the director	49906
shall determine whether the area has the characteristics set forth	49907
in division (A)(1) of section 5709.61 of the Revised Code, and	49908
shall forward the findings to the legislative authority of the	49909
municipal corporation. If the director certifies the area as	49910
having those characteristics, and thereby certifies it as a zone,	49911
the legislative authority may enter into an agreement with an	49912
enterprise under division (C) of this section.	49913

(B) Any enterprise that wishes to enter into an agreement	49914
with a municipal corporation under division (C) of this section	49915
shall submit a proposal to the legislative authority of the	49916
municipal corporation on a form prescribed by the director of	49917
development, together with the application fee established under	49918
section 5709.68 of the Revised Code. The form shall require the	49919
following information:	49920

(1) An estimate of the number of new employees whom the	49921
enterprise intends to hire, or of the number of employees whom the	49922
enterprise intends to retain, within the zone at a facility that	49923
is a project site, and an estimate of the amount of payroll of the	49924
enterprise attributable to these employees;	49925

(2) An estimate of the amount to be invested by the	49926
enterprise to establish, expand, renovate, or occupy a facility,	49927
including investment in new buildings, additions or improvements	49928
to existing buildings, machinery, equipment, furniture, fixtures,	49929
and inventory;	49930

(3) A listing of the enterprise's current investment, if any,	49931
in a facility as of the date of the proposal's submission.	49932

The enterprise shall review and update the listings required	49933
under this division to reflect material changes, and any agreement	49934
entered into under division (C) of this section shall set forth	49935
final estimates and listings as of the time the agreement is	49936
entered into. The legislative authority may, on a separate form	49937
and at any time, require any additional information necessary to	49938
determine whether an enterprise is in compliance with an agreement	49939
and to collect the information required to be reported under	49940
section 5709.68 of the Revised Code.	49941

(C) Upon receipt and investigation of a proposal under	49942
division (B) of this section, if the legislative authority finds	49943
that the enterprise submitting the proposal is qualified by	49944
financial responsibility and business experience to create and	49945
preserve employment opportunities in the zone and improve the	49946
economic climate of the municipal corporation, the legislative	49947
authority, on or before ~~June 30, 2004~~October 15, 2009, may do one	49948
of the following:	49949

(1) Enter into an agreement with the enterprise under which	49950
the enterprise agrees to establish, expand, renovate, or occupy a	49951
facility and hire new employees, or preserve employment	49952
opportunities for existing employees, in return for one or more of	49953
the following incentives:	49954

(a) Exemption for a specified number of years, not to exceed	49955
ten, of a specified portion, up to seventy-five per cent, of the	49956
assessed value of tangible personal property first used in	49957
business at the project site as a result of the agreement. An	49958
exemption granted pursuant to this division applies to inventory	49959
required to be listed pursuant to sections 5711.15 and 5711.16 of	49960
the Revised Code, except that, in the instance of an expansion or	49961
other situations in which an enterprise was in business at the	49962
facility prior to the establishment of the zone, the inventory	49963
that is exempt is that amount or value of inventory in excess of	49964
the amount or value of inventory required to be listed in the	49965
personal property tax return of the enterprise in the return for	49966
the tax year in which the agreement is entered into.	49967

(b) Exemption for a specified number of years, not to exceed	49968
ten, of a specified portion, up to seventy-five per cent, of the	49969
increase in the assessed valuation of real property constituting	49970
the project site subsequent to formal approval of the agreement by	49971
the legislative authority;	49972

(c) Provision for a specified number of years, not to exceed	49973
ten, of any optional services or assistance that the municipal	49974
corporation is authorized to provide with regard to the project	49975
site.	49976

(2) Enter into an agreement under which the enterprise agrees	49977
to remediate an environmentally contaminated facility, to spend an	49978
amount equal to at least two hundred fifty per cent of the true	49979
value in money of the real property of the facility prior to	49980
remediation as determined for the purposes of property taxation to	49981
establish, expand, renovate, or occupy the remediated facility,	49982
and to hire new employees or preserve employment opportunities for	49983
existing employees at the remediated facility, in return for one	49984
or more of the following incentives:	49985

(a) Exemption for a specified number of years, not to exceed	49986
ten, of a specified portion, not to exceed fifty per cent, of the	49987
assessed valuation of the real property of the facility prior to	49988
remediation;	49989

(b) Exemption for a specified number of years, not to exceed	49990
ten, of a specified portion, not to exceed one hundred per cent,	49991
of the increase in the assessed valuation of the real property of	49992
the facility during or after remediation;	49993

(c) The incentive under division (C)(1)(a) of this section,	49994
except that the percentage of the assessed value of such property	49995
exempted from taxation shall not exceed one hundred per cent;	49996

(d) The incentive under division (C)(1)(c) of this section.

49997

(3) Enter into an agreement with an enterprise that plans to	49998
purchase and operate a large manufacturing facility that has	49999
ceased operation or announced its intention to cease operation, in	50000
return for exemption for a specified number of years, not to	50001
exceed ten, of a specified portion, up to one hundred per cent, of	50002
the assessed value of tangible personal property used in business	50003
at the project site as a result of the agreement, or of the	50004
assessed valuation of real property constituting the project site,	50005
or both.	50006

(D)(1) Notwithstanding divisions (C)(1)(a) and (b) of this	50007
section, the portion of the assessed value of tangible personal	50008
property or of the increase in the assessed valuation of real	50009
property exempted from taxation under those divisions may exceed	50010
seventy-five per cent in any year for which that portion is	50011
exempted if the average percentage exempted for all years in which	50012
the agreement is in effect does not exceed sixty per cent, or if	50013
the board of education of the city, local, or exempted village	50014
school district within the territory of which the property is or	50015
will be located approves a percentage in excess of seventy-five	50016
per cent. For the purpose of obtaining such approval, the	50017
legislative authority shall deliver to the board of education a	50018
notice not later than forty-five days prior to approving the	50019
agreement, excluding Saturdays, Sundays, and legal holidays as	50020
defined in section 1.14 of the Revised Code. The notice shall	50021
state the percentage to be exempted, an estimate of the true value	50022
of the property to be exempted, and the number of years the	50023
property is to be exempted. The board of education, by resolution	50024
adopted by a majority of the board, shall approve or disapprove	50025
the agreement and certify a copy of the resolution to the	50026
legislative authority not later than fourteen days prior to the	50027
date stipulated by the legislative authority as the date upon	50028
which approval of the agreement is to be formally considered by	50029
the legislative authority. The board of education may include in	50030
the resolution conditions under which the board would approve the	50031
agreement, including the execution of an agreement to compensate	50032
the school district under division (B) of section 5709.82 of the	50033
Revised Code. The legislative authority may approve the agreement	50034
at any time after the board of education certifies its resolution	50035
approving the agreement to the legislative authority, or, if the	50036
board approves the agreement conditionally, at any time after the	50037
conditions are agreed to by the board and the legislative	50038
authority.	50039

If a board of education has adopted a resolution waiving its	50040
right to approve agreements and the resolution remains in effect,	50041
approval of an agreement by the board is not required under this	50042
division. If a board of education has adopted a resolution	50043
allowing a legislative authority to deliver the notice required	50044
under this division fewer than forty-five business days prior to	50045
the legislative authority's approval of the agreement, the	50046
legislative authority shall deliver the notice to the board not	50047
later than the number of days prior to such approval as prescribed	50048
by the board in its resolution. If a board of education adopts a	50049
resolution waiving its right to approve agreements or shortening	50050
the notification period, the board shall certify a copy of the	50051
resolution to the legislative authority. If the board of education	50052
rescinds such a resolution, it shall certify notice of the	50053
rescission to the legislative authority.	50054

(2) The legislative authority shall comply with section	50055
5709.83 of the Revised Code unless the board of education has	50056
adopted a resolution under that section waiving its right to	50057
receive such notice.	50058

(E) This division applies to zones certified by the director	50059
of development under this section prior to July 22, 1994.	50060

On or before ~~June 30, 2004~~October 15, 2009, the legislative	50061
authority that designated a zone to which this division applies	50062
may enter into an agreement with an enterprise if the legislative	50063
authority makes the finding required under that division and	50064
determines that the enterprise satisfies one of the criteria	50065
described in divisions (E)(1) to (5) of this section:	50066

(1) The enterprise currently has no operations in this state	50067
and, subject to approval of the agreement, intends to establish	50068
operations in the zone;	50069

(2) The enterprise currently has operations in this state	50070
and, subject to approval of the agreement, intends to establish	50071
operations at a new location in the zone that would not result in	50072
a reduction in the number of employee positions at any of the	50073
enterprise's other locations in this state;	50074

(3) The enterprise, subject to approval of the agreement,	50075
intends to relocate operations, currently located in another	50076
state, to the zone;	50077

(4) The enterprise, subject to approval of the agreement,	50078
intends to expand operations at an existing site in the zone that	50079
the enterprise currently operates;	50080

(5) The enterprise, subject to approval of the agreement,	50081
intends to relocate operations, currently located in this state,	50082
to the zone, and the director of development has issued a waiver	50083
for the enterprise under division (B) of section 5709.633 of the	50084
Revised Code.	50085

The agreement shall require the enterprise to agree to	50086
establish, expand, renovate, or occupy a facility in the zone and	50087
hire new employees, or preserve employment opportunities for	50088
existing employees, in return for one or more of the incentives	50089
described in division (C) of this section.	50090

(F) All agreements entered into under this section shall be	50091
in the form prescribed under section 5709.631 of the Revised Code.	50092
After an agreement is entered into under this division, if the	50093
legislative authority revokes its designation of a zone, or if the	50094
director of development revokes the zone's certification, any	50095
entitlements granted under the agreement shall continue for the	50096
number of years specified in the agreement.	50097

(G) Except as otherwise provided in this division, an	50098
agreement entered into under this section shall require that the	50099
enterprise pay an annual fee equal to the greater of one per cent	50100
of the dollar value of incentives offered under the agreement or	50101
five hundred dollars; provided, however, that if the value of the	50102
incentives exceeds two hundred fifty thousand dollars, the fee	50103
shall not exceed two thousand five hundred dollars. The fee shall	50104
be payable to the legislative authority once per year for each	50105
year the agreement is effective on the days and in the form	50106
specified in the agreement. Fees paid shall be deposited in a	50107
special fund created for such purpose by the legislative authority	50108
and shall be used by the legislative authority exclusively for the	50109
purpose of complying with section 5709.68 of the Revised Code and	50110
by the tax incentive review council created under section 5709.85	50111
of the Revised Code exclusively for the purposes of performing the	50112
duties prescribed under that section. The legislative authority	50113
may waive or reduce the amount of the fee charged against an	50114
enterprise, but such a waiver or reduction does not affect the	50115
obligations of the legislative authority or the tax incentive	50116
review council to comply with section 5709.68 or 5709.85 of the	50117
Revised Code.	50118

(H) When an agreement is entered into pursuant to this	50119
section, the legislative authority authorizing the agreement shall	50120
forward a copy of the agreement to the director of development and	50121
to the tax commissioner within fifteen days after the agreement is	50122
entered into. If any agreement includes terms not provided for in	50123
section 5709.631 of the Revised Code affecting the revenue of a	50124
city, local, or exempted village school district or causing	50125
revenue to be foregone by the district, including any compensation	50126
to be paid to the school district pursuant to section 5709.82 of	50127
the Revised Code, those terms also shall be forwarded in writing	50128
to the director of development along with the copy of the	50129
agreement forwarded under this division.	50130

(I) After an agreement is entered into, the enterprise shall	50131
file with each personal property tax return required to be filed,	50132
or annual report required to be filed under section 5727.08 of the	50133
Revised Code, while the agreement is in effect, an informational	50134
return, on a form prescribed by the tax commissioner for that	50135
purpose, setting forth separately the property, and related costs	50136
and values, exempted from taxation under the agreement.	50137

(J) Enterprises may agree to give preference to residents of	50138
the zone within which the agreement applies relative to residents	50139
of this state who do not reside in the zone when hiring new	50140
employees under the agreement.	50141

(K) An agreement entered into under this section may include	50142
a provision requiring the enterprise to create one or more	50143
temporary internship positions for students enrolled in a course	50144
of study at a school or other educational institution in the	50145
vicinity, and to create a scholarship or provide another form of	50146
educational financial assistance for students holding such a	50147
position in exchange for the student's commitment to work for the	50148
enterprise at the completion of the internship.	50149

Sec. 5709.63. (A) With the consent of the legislative	50150
authority of each affected municipal corporation or of a board of	50151
township trustees, a board of county commissioners may, in the	50152
manner set forth in section 5709.62 of the Revised Code, designate	50153
one or more areas in one or more municipal corporations or in	50154
unincorporated areas of the county as proposed enterprise zones. A	50155
board of county commissioners may designate no more than one area	50156
within a township, or within adjacent townships, as a proposed	50157
enterprise zone. The board shall petition the director of	50158
development for certification of the area as having the	50159
characteristics set forth in division (A)(1) or (2) of section	50160
5709.61 of the Revised Code as amended by Substitute Senate Bill	50161
No. 19 of the 120th general assembly. Except as otherwise provided	50162
in division (D) of this section, on and after July 1, 1994, boards	50163
of county commissioners shall not enter into agreements under this	50164
section unless the board has petitioned the director and the	50165
director has certified the zone under this section as amended by	50166
that act; however, all agreements entered into under this section	50167
as it existed prior to July 1, 1994, and the incentives granted	50168
under those agreements shall remain in effect for the period	50169
agreed to under those agreements. The director shall make the	50170
determination in the manner provided under section 5709.62 of the	50171
Revised Code. Any enterprise wishing to enter into an agreement	50172
with the board under division (B) or (D) of this section shall	50173
submit a proposal to the board on the form and accompanied by the	50174
application fee prescribed under division (B) of section 5709.62	50175
of the Revised Code. The enterprise shall review and update the	50176
estimates and listings required by the form in the manner required	50177
under that division. The board may, on a separate form and at any	50178
time, require any additional information necessary to determine	50179
whether an enterprise is in compliance with an agreement and to	50180
collect the information required to be reported under section	50181
5709.68 of the Revised Code.	50182

(B) If the board of county commissioners finds that an	50183
enterprise submitting a proposal is qualified by financial	50184
responsibility and business experience to create and preserve	50185
employment opportunities in the zone and to improve the economic	50186
climate of the municipal corporation or municipal corporations or	50187
the unincorporated areas in which the zone is located and to which	50188
the proposal applies, the board, on or before ~~June 30, 2004~~	50189
October 15, 2009, and with the consent of the legislative	50190
authority of each affected municipal corporation or of the board	50191
of township trustees may do either of the following:	50192

(1) Enter into an agreement with the enterprise under which	50193
the enterprise agrees to establish, expand, renovate, or occupy a	50194
facility in the zone and hire new employees, or preserve	50195
employment opportunities for existing employees, in return for the	50196
following incentives:	50197

(a) When the facility is located in a municipal corporation,	50198
the board may enter into an agreement for one or more of the	50199
incentives provided in division (C) of section 5709.62 of the	50200
Revised Code, subject to division (D) of that section;	50201

(b) When the facility is located in an unincorporated area,	50202
the board may enter into an agreement for one or more of the	50203
following incentives:	50204

(i) Exemption for a specified number of years, not to exceed	50205
ten, of a specified portion, up to sixty per cent, of the assessed	50206
value of tangible personal property first used in business at a	50207
project site as a result of the agreement. An exemption granted	50208
pursuant to this division applies to inventory required to be	50209
listed pursuant to sections 5711.15 and 5711.16 of the Revised	50210
Code, except, in the instance of an expansion or other situations	50211
in which an enterprise was in business at the facility prior to	50212
the establishment of the zone, the inventory that is exempt is	50213
that amount or value of inventory in excess of the amount or value	50214
of inventory required to be listed in the personal property tax	50215
return of the enterprise in the return for the tax year in which	50216
the agreement is entered into.	50217

(ii) Exemption for a specified number of years, not to exceed	50218
ten, of a specified portion, up to sixty per cent, of the increase	50219
in the assessed valuation of real property constituting the	50220
project site subsequent to formal approval of the agreement by the	50221
board;	50222

(iii) Provision for a specified number of years, not to	50223
exceed ten, of any optional services or assistance the board is	50224
authorized to provide with regard to the project site;	50225

(iv) The incentive described in division (C)(2) of section	50226
5709.62 of the Revised Code.	50227

(2) Enter into an agreement with an enterprise that plans to	50228
purchase and operate a large manufacturing facility that has	50229
ceased operation or has announced its intention to cease	50230
operation, in return for exemption for a specified number of	50231
years, not to exceed ten, of a specified portion, up to one	50232
hundred per cent, of tangible personal property used in business	50233
at the project site as a result of the agreement, or of real	50234
property constituting the project site, or both.	50235

(C)(1) Notwithstanding divisions (B)(1)(b)(i) and (ii) of	50236
this section, the portion of the assessed value of tangible	50237
personal property or of the increase in the assessed valuation of	50238
real property exempted from taxation under those divisions may	50239
exceed sixty per cent in any year for which that portion is	50240
exempted if the average percentage exempted for all years in which	50241
the agreement is in effect does not exceed fifty per cent, or if	50242
the board of education of the city, local, or exempted village	50243
school district within the territory of which the property is or	50244
will be located approves a percentage in excess of sixty per cent.	50245
For the purpose of obtaining such approval, the board of	50246
commissioners shall deliver to the board of education a notice not	50247
later than forty-five days prior to approving the agreement,	50248
excluding Saturdays, Sundays, and legal holidays as defined in	50249
section 1.14 of the Revised Code. The notice shall state the	50250
percentage to be exempted, an estimate of the true value of the	50251
property to be exempted, and the number of years the property is	50252
to be exempted. The board of education, by resolution adopted by a	50253
majority of the board, shall approve or disapprove the agreement	50254
and certify a copy of the resolution to the board of commissioners	50255
not later than fourteen days prior to the date stipulated by the	50256
board of commissioners as the date upon which approval of the	50257
agreement is to be formally considered by the board of	50258
commissioners. The board of education may include in the	50259
resolution conditions under which the board would approve the	50260
agreement, including the execution of an agreement to compensate	50261
the school district under division (B) of section 5709.82 of the	50262
Revised Code. The board of county commissioners may approve the	50263
agreement at any time after the board of education certifies its	50264
resolution approving the agreement to the board of county	50265
commissioners, or, if the board of education approves the	50266
agreement conditionally, at any time after the conditions are	50267
agreed to by the board of education and the board of county	50268
commissioners.	50269

If a board of education has adopted a resolution waiving its	50270
right to approve agreements and the resolution remains in effect,	50271
approval of an agreement by the board of education is not required	50272
under division (C) of this section. If a board of education has	50273
adopted a resolution allowing a board of county commissioners to	50274
deliver the notice required under this division fewer than	50275
forty-five business days prior to approval of the agreement by the	50276
board of county commissioners, the board of county commissioners	50277
shall deliver the notice to the board of education not later than	50278
the number of days prior to such approval as prescribed by the	50279
board of education in its resolution. If a board of education	50280
adopts a resolution waiving its right to approve agreements or	50281
shortening the notification period, the board of education shall	50282
certify a copy of the resolution to the board of county	50283
commissioners. If the board of education rescinds such a	50284
resolution, it shall certify notice of the rescission to the board	50285
of county commissioners.	50286

(2) The board of county commissioners shall comply with	50287
section 5709.83 of the Revised Code unless the board of education	50288
has adopted a resolution under that section waiving its right to	50289
receive such notice.	50290

(D) This division applies to zones certified by the director	50291
of development under this section prior to July 22, 1994.	50292

On or before ~~June 30, 2004~~October 15, 2009, and with the	50293
consent of the legislative authority of each affected municipal	50294
corporation or board of township trustees of each affected	50295
township, the board of commissioners that designated a zone to	50296
which this division applies may enter into an agreement with an	50297
enterprise if the board makes the finding required under that	50298
division and determines that the enterprise satisfies one of the	50299
criteria described in divisions (D)(1) to (5) of this section:	50300

(1) The enterprise currently has no operations in this state	50301
and, subject to approval of the agreement, intends to establish	50302
operations in the zone;	50303

(2) The enterprise currently has operations in this state	50304
and, subject to approval of the agreement, intends to establish	50305
operations at a new location in the zone that would not result in	50306
a reduction in the number of employee positions at any of the	50307
enterprise's other locations in this state;	50308

(3) The enterprise, subject to approval of the agreement,	50309
intends to relocate operations, currently located in another	50310
state, to the zone;	50311

(4) The enterprise, subject to approval of the agreement,	50312
intends to expand operations at an existing site in the zone that	50313
the enterprise currently operates;	50314

(5) The enterprise, subject to approval of the agreement,	50315
intends to relocate operations, currently located in this state,	50316
to the zone, and the director of development has issued a waiver	50317
for the enterprise under division (B) of section 5709.633 of the	50318
Revised Code.	50319

The agreement shall require the enterprise to agree to	50320
establish, expand, renovate, or occupy a facility in the zone and	50321
hire new employees, or preserve employment opportunities for	50322
existing employees, in return for one or more of the incentives	50323
described in division (B) of this section.	50324

(E) All agreements entered into under this section shall be	50325
in the form prescribed under section 5709.631 of the Revised Code.	50326
After an agreement under this section is entered into, if the	50327
board of county commissioners revokes its designation of the zone,	50328
or if the director of development revokes the zone's	50329
certification, any entitlements granted under the agreement shall	50330
continue for the number of years specified in the agreement.	50331

(F) Except as otherwise provided in this paragraph, an	50332
agreement entered into under this section shall require that the	50333
enterprise pay an annual fee equal to the greater of one per cent	50334
of the dollar value of incentives offered under the agreement or	50335
five hundred dollars; provided, however, that if the value of the	50336
incentives exceeds two hundred fifty thousand dollars, the fee	50337
shall not exceed two thousand five hundred dollars. The fee shall	50338
be payable to the board of commissioners once per year for each	50339
year the agreement is effective on the days and in the form	50340
specified in the agreement. Fees paid shall be deposited in a	50341
special fund created for such purpose by the board and shall be	50342
used by the board exclusively for the purpose of complying with	50343
section 5709.68 of the Revised Code and by the tax incentive	50344
review council created under section 5709.85 of the Revised Code	50345
exclusively for the purposes of performing the duties prescribed	50346
under that section. The board may waive or reduce the amount of	50347
the fee charged against an enterprise, but such waiver or	50348
reduction does not affect the obligations of the board or the tax	50349
incentive review council to comply with section 5709.68 or 5709.85	50350
of the Revised Code, respectively.	50351

(G) With the approval of the legislative authority of a	50352
municipal corporation or the board of township trustees of a	50353
township in which a zone is designated under division (A) of this	50354
section, the board of county commissioners may delegate to that	50355
legislative authority or board any powers and duties of the board	50356
to negotiate and administer agreements with regard to that zone	50357
under this section.	50358

(H) When an agreement is entered into pursuant to this	50359
section, the legislative authority authorizing the agreement shall	50360
forward a copy of the agreement to the director of development and	50361
to the tax commissioner within fifteen days after the agreement is	50362
entered into. If any agreement includes terms not provided for in	50363
section 5709.631 of the Revised Code affecting the revenue of a	50364
city, local, or exempted village school district or causing	50365
revenue to be foregone by the district, including any compensation	50366
to be paid to the school district pursuant to section 5709.82 of	50367
the Revised Code, those terms also shall be forwarded in writing	50368
to the director of development along with the copy of the	50369
agreement forwarded under this division.	50370

(I) After an agreement is entered into, the enterprise shall	50371
file with each personal property tax return required to be filed,	50372
or annual report that is required to be filed under section	50373
5727.08 of the Revised Code, while the agreement is in effect, an	50374
informational return, on a form prescribed by the tax commissioner	50375
for that purpose, setting forth separately the property, and	50376
related costs and values, exempted from taxation under the	50377
agreement.	50378

(J) Enterprises may agree to give preference to residents of	50379
the zone within which the agreement applies relative to residents	50380
of this state who do not reside in the zone when hiring new	50381
employees under the agreement.	50382

(K) An agreement entered into under this section may include	50383
a provision requiring the enterprise to create one or more	50384
temporary internship positions for students enrolled in a course	50385
of study at a school or other educational institution in the	50386
vicinity, and to create a scholarship or provide another form of	50387
educational financial assistance for students holding such a	50388
position in exchange for the student's commitment to work for the	50389
enterprise at the completion of the internship.	50390

Sec. 5709.632. (A)(1) The legislative authority of a	50391
municipal corporation defined by the United States office of	50392
management and budget as a central city of a metropolitan	50393
statistical area may, in the manner set forth in section 5709.62	50394
of the Revised Code, designate one or more areas in the municipal	50395
corporation as a proposed enterprise zone.	50396

(2) With the consent of the legislative authority of each	50397
affected municipal corporation or of a board of township trustees,	50398
a board of county commissioners may, in the manner set forth in	50399
section 5709.62 of the Revised Code, designate one or more areas	50400
in one or more municipal corporations or in unincorporated areas	50401
of the county as proposed urban jobs and enterprise zones, except	50402
that a board of county commissioners may designate no more than	50403
one area within a township, or within adjacent townships, as a	50404
proposed urban jobs and enterprise zone.	50405

(3) The legislative authority or board of county	50406
commissioners may petition the director of development for	50407
certification of the area as having the characteristics set forth	50408
in division (A)(3) of section 5709.61 of the Revised Code. Within	50409
sixty days after receiving such a petition, the director shall	50410
determine whether the area has the characteristics set forth in	50411
that division and forward the findings to the legislative	50412
authority or board of county commissioners. If the director	50413
certifies the area as having those characteristics and thereby	50414
certifies it as a zone, the legislative authority or board may	50415
enter into agreements with enterprises under division (B) of this	50416
section. Any enterprise wishing to enter into an agreement with a	50417
legislative authority or board of commissioners under this section	50418
and satisfying one of the criteria described in divisions (B)(1)	50419
to (5) of this section shall submit a proposal to the legislative	50420
authority or board on the form prescribed under division (B) of	50421
section 5709.62 of the Revised Code and shall review and update	50422
the estimates and listings required by the form in the manner	50423
required under that division. The legislative authority or board	50424
may, on a separate form and at any time, require any additional	50425
information necessary to determine whether an enterprise is in	50426
compliance with an agreement and to collect the information	50427
required to be reported under section 5709.68 of the Revised Code.	50428

(B) Prior to entering into an agreement with an enterprise,	50429
the legislative authority or board of county commissioners shall	50430
determine whether the enterprise submitting the proposal is	50431
qualified by financial responsibility and business experience to	50432
create and preserve employment opportunities in the zone and to	50433
improve the economic climate of the municipal corporation or	50434
municipal corporations or the unincorporated areas in which the	50435
zone is located and to which the proposal applies, and whether the	50436
enterprise satisfies one of the following criteria:	50437

(1) The enterprise currently has no operations in this state	50438
and, subject to approval of the agreement, intends to establish	50439
operations in the zone;	50440

(2) The enterprise currently has operations in this state	50441
and, subject to approval of the agreement, intends to establish	50442
operations at a new location in the zone that would not result in	50443
a reduction in the number of employee positions at any of the	50444
enterprise's other locations in this state;	50445

(3) The enterprise, subject to approval of the agreement,	50446
intends to relocate operations, currently located in another	50447
state, to the zone;	50448

(4) The enterprise, subject to approval of the agreement,	50449
intends to expand operations at an existing site in the zone that	50450
the enterprise currently operates;	50451

(5) The enterprise, subject to approval of the agreement,	50452
intends to relocate operations, currently located in this state,	50453
to the zone, and the director of development has issued a waiver	50454
for the enterprise under division (B) of section 5709.633 of the	50455
Revised Code.	50456

(C) If the legislative authority or board determines that the	50457
enterprise is so qualified and satisfies one of the criteria	50458
described in divisions (B)(1) to (5) of this section, the	50459
legislative authority or board may, after complying with section	50460
5709.83 of the Revised Code and on or before ~~June 30, 2004~~October	50461
15, 2009, and, in the case of a board of commissioners, with the	50462
consent of the legislative authority of each affected municipal	50463
corporation or of the board of township trustees, enter into an	50464
agreement with the enterprise under which the enterprise agrees to	50465
establish, expand, renovate, or occupy a facility in the zone and	50466
hire new employees, or preserve employment opportunities for	50467
existing employees, in return for the following incentives:	50468

(1) When the facility is located in a municipal corporation,	50469
a legislative authority or board of commissioners may enter into	50470
an agreement for one or more of the incentives provided in	50471
division (C) of section 5709.62 of the Revised Code, subject to	50472
division (D) of that section;	50473

(2) When the facility is located in an unincorporated area, a	50474
board of commissioners may enter into an agreement for one or more	50475
of the incentives provided in divisions (B)(1)(b), (B)(2), and	50476
(B)(3) of section 5709.63 of the Revised Code, subject to division	50477
(C) of that section.	50478

(D) All agreements entered into under this section shall be	50479
in the form prescribed under section 5709.631 of the Revised Code.	50480
After an agreement under this section is entered into, if the	50481
legislative authority or board of county commissioners revokes its	50482
designation of the zone, or if the director of development revokes	50483
the zone's certification, any entitlements granted under the	50484
agreement shall continue for the number of years specified in the	50485
agreement.	50486

(E) Except as otherwise provided in this division, an	50487
agreement entered into under this section shall require that the	50488
enterprise pay an annual fee equal to the greater of one per cent	50489
of the dollar value of incentives offered under the agreement or	50490
five hundred dollars; provided, however, that if the value of the	50491
incentives exceeds two hundred fifty thousand dollars, the fee	50492
shall not exceed two thousand five hundred dollars. The fee shall	50493
be payable to the legislative authority or board of commissioners	50494
once per year for each year the agreement is effective on the days	50495
and in the form specified in the agreement. Fees paid shall be	50496
deposited in a special fund created for such purpose by the	50497
legislative authority or board and shall be used by the	50498
legislative authority or board exclusively for the purpose of	50499
complying with section 5709.68 of the Revised Code and by the tax	50500
incentive review council created under section 5709.85 of the	50501
Revised Code exclusively for the purposes of performing the duties	50502
prescribed under that section. The legislative authority or board	50503
may waive or reduce the amount of the fee charged against an	50504
enterprise, but such waiver or reduction does not affect the	50505
obligations of the legislative authority or board or the tax	50506
incentive review council to comply with section 5709.68 or 5709.85	50507
of the Revised Code, respectively.	50508

(F) With the approval of the legislative authority of a	50509
municipal corporation or the board of township trustees of a	50510
township in which a zone is designated under division (A)(2) of	50511
this section, the board of county commissioners may delegate to	50512
that legislative authority or board any powers and duties of the	50513
board to negotiate and administer agreements with regard to that	50514
zone under this section.	50515

(G) When an agreement is entered into pursuant to this	50516
section, the legislative authority or board of commissioners	50517
authorizing the agreement shall forward a copy of the agreement to	50518
the director of development and to the tax commissioner within	50519
fifteen days after the agreement is entered into. If any agreement	50520
includes terms not provided for in section 5709.631 of the Revised	50521
Code affecting the revenue of a city, local, or exempted village	50522
school district or causing revenue to be foregone by the district,	50523
including any compensation to be paid to the school district	50524
pursuant to section 5709.82 of the Revised Code, those terms also	50525
shall be forwarded in writing to the director of development along	50526
with the copy of the agreement forwarded under this division.	50527

(H) After an agreement is entered into, the enterprise shall	50528
file with each personal property tax return required to be filed	50529
while the agreement is in effect, an informational return, on a	50530
form prescribed by the tax commissioner for that purpose, setting	50531
forth separately the property, and related costs and values,	50532
exempted from taxation under the agreement.	50533

(I) An agreement entered into under this section may include	50534
a provision requiring the enterprise to create one or more	50535
temporary internship positions for students enrolled in a course	50536
of study at a school or other educational institution in the	50537
vicinity, and to create a scholarship or provide another form of	50538
educational financial assistance for students holding such a	50539
position in exchange for the student's commitment to work for the	50540
enterprise at the completion of the internship.	50541

Sec. 5709.64. (A) If an enterprise has been granted an	50542
incentive for the current calendar year under an agreement entered	50543
pursuant to section 5709.62, 5709.63, or 5709.632 of the Revised	50544
Code, it may apply, on or before the thirtieth day of April of	50545
that year, to the director of development, on a form prescribed by	50546
the director, for a tax incentive qualification certificate. The	50547
enterprise qualifies for an initial certificate if, on or before	50548
the last day of the calendar year immediately preceding that in	50549
which application is made, it satisfies all of the following	50550
requirements:	50551

(1) The enterprise has established, expanded, renovated, or	50552
occupied a facility pursuant to the agreement under section	50553
5709.62, 5709.63, or 5709.632 of the Revised Code.	50554

(2) The enterprise has hired new employees to fill nonretail	50555
positions at the facility, at least twenty-five per cent of whom	50556
at the time they were employed were at least one of the following:	50557

(a) Unemployed persons who had resided at least six months in	50558
the county in which the enterprise's project site is located;	50559

(b) JPTA eligible employees who had resided at least six	50560
months in the county in which the enterprise's project site is	50561
located;	50562

(c) Participants of the Ohio works first program under	50563
Chapter 5107. of the Revised Code or the prevention, retention,	50564
and contingency program under Chapter 5108. of the Revised Code or	50565
recipients of general assistance under former Chapter 5113. of the	50566
Revised Code, ~~disability~~financial assistance under Chapter 5115.	50567
of the Revised Code, or unemployment compensation benefits who had	50568
resided at least six months in the county in which the	50569
enterprise's project site is located;	50570

(d) Handicapped persons, as defined under division (A) of	50571
section 3304.11 of the Revised Code, who had resided at least six	50572
months in the county in which the enterprise's project site is	50573
located;	50574

(e) Residents for at least one year of a zone located in the	50575
county in which the enterprise's project site is located.	50576

The director of development shall, by rule, establish	50577
criteria for determining what constitutes a nonretail position at	50578
a facility.	50579

(3) The average number of positions attributable to the	50580
enterprise in the municipal corporation during the calendar year	50581
immediately preceding the calendar year in which application is	50582
made exceeds the maximum number of positions attributable to the	50583
enterprise in the municipal corporation during the calendar year	50584
immediately preceding the first year the enterprise satisfies the	50585
requirements set forth in divisions (A)(1) and (2) of this	50586
section. If the enterprise is engaged in a business which, because	50587
of its seasonal nature, customarily enables the enterprise to	50588
operate at full capacity only during regularly recurring periods	50589
of the year, the average number of positions attributable to the	50590
enterprise in the municipal corporation during each period of the	50591
calendar year immediately preceding the calendar year in which	50592
application is made must exceed only the maximum number of	50593
positions attributable to the enterprise in each corresponding	50594
period of the calendar year immediately preceding the first year	50595
the enterprise satisfies the requirements of divisions (A)(1) and	50596
(2) of this section. The director of development shall, by rule,	50597
prescribe methods for determining whether an enterprise is engaged	50598
in a seasonal business and for determining the length of the	50599
corresponding periods to be compared.	50600

(4) The enterprise has not closed or reduced employment at	50601
any place of business in the state for the primary purpose of	50602
establishing, expanding, renovating, or occupying a facility. The	50603
legislative authority of any municipal corporation or the board of	50604
county commissioners of any county that concludes that an	50605
enterprise has closed or reduced employment at a place of business	50606
in that municipal corporation or county for the primary purpose of	50607
establishing, expanding, renovating, or occupying a facility in a	50608
zone may appeal to the director to determine whether the	50609
enterprise has done so. Upon receiving such an appeal, the	50610
director shall investigate the allegations and make such a	50611
determination before issuing an initial or renewal tax incentive	50612
qualification certificate under this section.	50613

Within sixty days after receiving an application under this	50614
division, the director shall review, investigate, and verify the	50615
application and determine whether the enterprise qualifies for a	50616
certificate. The application shall include an affidavit executed	50617
by the applicant verifying that the enterprise satisfies the	50618
requirements of division (A)(2) of this section, and shall contain	50619
such information and documents as the director requires, by rule,	50620
to ascertain whether the enterprise qualifies for a certificate.	50621
If the director finds the enterprise qualified, the director shall	50622
issue a tax incentive qualification certificate, which shall bear	50623
as its date of issuance the thirtieth day of June of the year of	50624
application, and shall state that the applicant is entitled to	50625
receive, for the taxable year that includes the certificate's date	50626
of issuance, the tax incentives provided under section 5709.65 of	50627
the Revised Code with regard to the facility to which the	50628
certificate applies. If an enterprise is issued an initial	50629
certificate, it may apply, on or before the thirtieth day of April	50630
of each succeeding calendar year for which it has been granted an	50631
incentive under an agreement entered pursuant to section 5709.62,	50632
5709.63, or 5709.632 of the Revised Code, for a renewal	50633
certificate. Subsequent to its initial certification, the	50634
enterprise qualifies for up to three successive renewal	50635
certificates if, on or before the last day of the calendar year	50636
immediately preceding that in which the application is made, it	50637
satisfies all the requirements of divisions (A)(1) to (4) of this	50638
section, and neither the zone's designation nor the zone's	50639
certification has been revoked prior to the fifteenth day of June	50640
of the year in which the application is made. The application	50641
shall include an affidavit executed by the applicant verifying	50642
that the enterprise satisfies the requirements of division (A)(2)	50643
of this section. An enterprise with ten or more supervisory	50644
personnel at the facility to which a certificate applies qualifies	50645
for any subsequent renewal certificates only if it meets all of	50646
the foregoing requirements and, in addition, at least ten per cent	50647
of those supervisory personnel are employees who, when first hired	50648
by the enterprise, satisfied at least one of the criteria	50649
specified in divisions (A)(2)(a) to (e) of this section. If the	50650
enterprise qualifies, a renewal certificate shall be issued	50651
bearing as its date of issuance the thirtieth day of June of the	50652
year of application. The director shall send copies of the initial	50653
certificate, and each renewal certificate, by certified mail, to	50654
the enterprise, the tax commissioner, the board of county	50655
commissioners, and the chief executive of the municipal	50656
corporation in which the facility to which the certificate applies	50657
is located.	50658

(B) If the director determines that an enterprise is not	50659
qualified for an initial or renewal tax incentive qualification	50660
certificate, the director shall send notice of this determination,	50661
specifying the reasons for it, by certified mail, to the	50662
applicant, the tax commissioner, the board of county	50663
commissioners, and the chief executive of the municipal	50664
corporation in which the facility to which the certificate would	50665
have applied is located. Within thirty days after receiving such a	50666
notice, an enterprise may request, in writing, a hearing before	50667
the director for the purpose of reviewing the application and the	50668
reasons for the determination. Within sixty days after receiving a	50669
request for a hearing, the director shall afford one and, within	50670
thirty days after the hearing, shall issue a redetermination of	50671
the enterprise's qualification for a certificate. If the	50672
enterprise is found to be qualified, the director shall proceed in	50673
the manner provided under division (A) of this section. If the	50674
enterprise is found to be unqualified, the director shall send	50675
notice of this finding, by certified mail, to the applicant, the	50676
tax commissioner, the board of county commissioners, and the chief	50677
executive of the municipal corporation in which the facility to	50678
which the certificate would have applied is located. The	50679
director's redetermination that an enterprise is unqualified may	50680
be appealed to the board of tax appeals in the manner provided	50681
under section 5717.02 of the Revised Code.	50682

Sec. 5719.07. Subject to the rules prescribed by the tax	50683
commissioner, a county treasurer charged with the collection of	50684
delinquent taxes may issue a certificate of release of the lien	50685
provided for in section 5719.04 of the Revised Code if the amount	50686
secured thereby has been paid or omitted from the delinquent tax	50687
list and duplicate pursuant to section 5719.06 of the Revised	50688
Code. The treasurer shall issue a certificate of partial discharge	50689
of any part of the real property subject to the lien ~~if he finds~~	50690
after finding that the value of the part of the property remaining	50691
subject to the lien is at least double the amount of the	50692
delinquent taxes and all prior liens upon such real property. Such	50693
certificate shall be filed and recorded with the county recorder	50694
of the county in which the notice of lien has been filed, for	50695
which recording the recorder shall charge a base fee of two	50696
dollars for services and a housing trust fund fee of two dollars	50697
pursuant to section 317.36 of the Revised Code.	50698

Sec. 5727.56. Any public utility whose articles of	50699
incorporation or license certificate to do or transact business in	50700
this state has expired or has been canceled or revoked by the	50701
secretary of state, as provided by law for failure to make any	50702
report or return or to pay any tax or fee, upon payment to the	50703
secretary of state of any additional fees and penalties required	50704
to be paid to ~~him~~the secretary of state, and upon the filing with	50705
the secretary of state of a certificate from the tax commissioner	50706
that it has complied with all the requirements of law as to	50707
franchise or excise tax reports and paid all franchise or excise	50708
taxes, fees, or penalties due thereon for every year of its	50709
delinquency, and upon the payment to the secretary of state of an	50710
additional fee of ten dollars, shall be reinstated and again	50711
entitled to exercise its rights, privileges, and franchises in	50712
this state, and the secretary of state shall cancel the entry of	50713
cancellation or expiration to exercise its rights, privileges, and	50714
franchises. If the reinstatement is not made within one year from	50715
the date of the cancellation of its articles of incorporation or	50716
date of the cancellation or expiration of its license to do	50717
business, and it appears that articles of incorporation or license	50718
certificate have been issued to a corporation of the same or	50719
similar name, the applicant for reinstatement shall be required by	50720
the secretary of state, as a condition prerequisite to such	50721
reinstatement, to amend its articles by changing its name. A	50722
certificate of reinstatement may be filed in the county recorder's	50723
office of any county in the state, for which the recorder shall	50724
charge and collect a base fee of three dollars for services and a	50725
housing trust fund fee of three dollars pursuant to section 317.36	50726
of the Revised Code.	50727

If a domestic public utility applying for reinstatement has	50728
not previously designated an agent upon whom process may be served	50729
as required by section 1701.07 of the Revised Code, such public	50730
utility shall at the time of reinstatement and as a prerequisite	50731
thereto designate an agent in accordance with such section.	50732

Any officer, shareholder, creditor, or receiver of any such	50733
public utility may at any time take all steps required by this	50734
section to effect such reinstatement, and in such case the	50735
designation of an agent upon whom process may be served shall not	50736
be a prerequisite to the reinstatement of the public utility.	50737

Sec. 5733.121. If a corporation entitled to a refund under	50738
section 5733.11 or 5733.12 of the Revised Code is indebted to this	50739
state for any tax, workers' compensation premium due under section	50740
4123.35 of the Revised Code, unemployment compensation	50741
contribution due under section 4141.25 of the Revised Code, or	50742
unemployment compensation payment in lieu of contribution under	50743
section 4141.241 of the Revised Code or fee ~~administered by the~~	50744
~~tax commissioner~~ that is paid to the state or to the clerk of	50745
courts pursuant to section 4505.06 of the Revised Code, or any	50746
charge, penalty, or interest arising from such a tax, workers'	50747
compensation premium, unemployment compensation contribution, or	50748
unemployment compensation payment in lieu of contribution under	50749
section 4141.241 of the Revised Code or fee, the amount refundable	50750
may be applied in satisfaction of the debt. If the amount	50751
refundable is less than the amount of the debt, it may be applied	50752
in partial satisfaction of the debt. If the amount refundable is	50753
greater than the amount of the debt, the amount remaining after	50754
satisfaction of the debt shall be refunded. If the corporation has	50755
more than one such debt, any debt subject to section 5739.33 or	50756
division (G) of section 5747.07 of the Revised Code shall be	50757
satisfied first. This section applies only to debts that have	50758
become final.	50759

The tax commissioner may, with the consent of the taxpayer,	50760
provide for the crediting, against tax due for any tax year, of	50761
the amount of any refund due the taxpayer under this chapter for a	50762
preceding tax year.	50763

Sec. 5733.18. Annually, on the day fixed for the payment of	50764
any excise or franchise tax required to be paid by law, such tax,	50765
together with any penalties subsequently accruing thereon, shall	50766
become a lien on all property in this state of a corporation,	50767
whether such property is employed by the corporation in the	50768
prosecution of its business or is in the hands of an assignee,	50769
trustee, or receiver for the benefit of the creditors and	50770
stockholders. Such lien shall continue until such taxes, together	50771
with any penalties subsequently accruing, are paid.	50772

Upon failure of such corporation to pay such tax on the day	50773
fixed for payment, the tax commissioner may file, for which filing	50774
no fee shall be charged, in the office of the county recorder in	50775
each county in this state in which such corporation owns or has a	50776
beneficial interest in real estate, notice of such lien containing	50777
a brief description of such real estate. Such lien shall not be	50778
valid as against any mortgagee, purchaser, or judgment creditor	50779
whose rights have attached prior to the time such notice is so	50780
filed in the county in which the real estate which is the subject	50781
of such mortgage, purchase, or judgment lien is located. Such	50782
notice shall be recorded in a book kept by the recorder, called	50783
the corporation franchise lien record, and indexed under the name	50784
of the corporation charged with such tax. When such tax, together	50785
with any penalties subsequently accruing thereon, has been paid,	50786
the tax commissioner shall furnish to the corporation an	50787
acknowledgment of such payment which the corporation may record	50788
with the recorder of each county in which notice of such lien has	50789
been filed, for which recording the recorder shall charge and	50790
receive a base fee of two dollars for services and a housing trust	50791
fund fee of two dollars pursuant to section 317.36 of the Revised	50792
Code.	50793

Sec. 5733.22. (A)(1) Any corporation whose articles of	50794
incorporation or license certificate to do or transact business in	50795
this state has been canceled by the secretary of state pursuant to	50796
section 5733.20 of the Revised Code for failure to make any report	50797
or return or to pay any tax or fee, shall be reinstated and again	50798
entitled to exercise its rights, privileges, and franchises in	50799
this state, and the secretary of state shall cancel the entry of	50800
cancellation to exercise its rights, privileges, and franchises	50801
upon compliance with all of the following:	50802

(a) Payment to the secretary of state of any additional fees	50803
and penalties required to be paid to the secretary of state;	50804

(b) Filing with the secretary of state a certificate from the	50805
tax commissioner that it has complied with all the requirements of	50806
law as to franchise or excise tax reports and paid all franchise	50807
or excise taxes, fees, or penalties due thereon for every year of	50808
its delinquency;	50809

(c) Payment to the secretary of state of an additional fee of	50810
ten dollars.	50811

(2) The applicant for reinstatement shall be required by the	50812
secretary of state, as a condition prerequisite to such	50813
reinstatement, to amend its articles by changing its name if all	50814
of the following apply:	50815

(a) The reinstatement is not made within one year from the	50816
date of the cancellation of its articles of incorporation or date	50817
of the cancellation of its license to do business;	50818

(b) It appears that the applicant's articles of incorporation	50819
or license certificate has been issued to another entity and is	50820
not distinguishable upon the record from the name of the	50821
applicant;	50822

(c) It appears that the articles of organization of a limited	50823
liability company, registration of a foreign limited liability	50824
company, certificate of limited partnership, registration of a	50825
foreign limited partnership, registration of a domestic or foreign	50826
limited liability partnership, or registration of a trade name has	50827
been issued to another entity and is not distinguishable upon the	50828
record from the name of the applicant. A certificate of	50829
reinstatement may be filed in the recorder's office of any county	50830
in the state, for which the recorder shall charge and collect a	50831
base fee of three dollars for services and a housing trust fund	50832
fee of three dollars pursuant to section 317.36 of the Revised	50833
Code.	50834

Any officer, shareholder, creditor, or receiver of any such	50835
corporation may at any time take all steps required by this	50836
section to effect such reinstatement.	50837

(B) The rights, privileges, and franchises of a corporation	50838
whose articles of incorporation have been reinstated in accordance	50839
with this section, are subject to section 1701.922 of the Revised	50840
Code.	50841

(C) Notwithstanding a violation of section 5733.21 of the	50842
Revised Code, upon reinstatement of a corporation's articles of	50843
incorporation in accordance with this section, neither section	50844
5733.20 nor section 5733.21 of the Revised Code shall be applied	50845
to invalidate the exercise or attempt to exercise any right,	50846
privilege, or franchise on behalf of the corporation by an	50847
officer, agent, or employee of the corporation after cancellation	50848
and prior to the reinstatement of the articles, if the conditions	50849
set forth in divisions (B)(1)(a) and (b) of section 1701.922 of	50850
the Revised Code are met.	50851

Sec. 5735.05. (A) To provide revenue for maintaining the	50852
state highway system; to widen existing surfaces on such highways;	50853
to resurface such highways; to pay that portion of the	50854
construction cost of a highway project which a county, township,	50855
or municipal corporation normally would be required to pay, but	50856
which the director of transportation, pursuant to division (B) of	50857
section 5531.08 of the Revised Code, determines instead will be	50858
paid from moneys in the highway operating fund; to enable the	50859
counties of the state properly to plan, maintain, and repair their	50860
roads and to pay principal, interest, and charges on bonds and	50861
other obligations issued pursuant to Chapter 133. of the Revised	50862
Code for highway improvements; to enable the municipal	50863
corporations to plan, construct, reconstruct, repave, widen,	50864
maintain, repair, clear, and clean public highways, roads, and	50865
streets, and to pay the principal, interest, and charges on bonds	50866
and other obligations issued pursuant to Chapter 133. of the	50867
Revised Code for highway improvements; to enable the Ohio turnpike	50868
commission to construct, reconstruct, maintain, and repair	50869
turnpike projects; to maintain and repair bridges and viaducts; to	50870
purchase, erect, and maintain street and traffic signs and	50871
markers; to purchase, erect, and maintain traffic lights and	50872
signals; to pay the costs apportioned to the public under sections	50873
4907.47 and 4907.471 of the Revised Code and to supplement revenue	50874
already available for such purposes; to pay the costs incurred by	50875
the public utilities commission in administering sections 4907.47	50876
to 4907.476 of the Revised Code; to distribute equitably among	50877
those persons using the privilege of driving motor vehicles upon	50878
such highways and streets the cost of maintaining and repairing	50879
them; to pay the interest, principal, and charges on highway	50880
capital improvements bonds and other obligations issued pursuant	50881
to Section 2m of Article VIII, Ohio Constitution, and section	50882
151.06 of the Revised Code; to pay the interest, principal, and	50883
charges on highway obligations issued pursuant to Section 2i of	50884
Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31	50885
of the Revised Code; ~~and~~ to provide revenue for the purposes of	50886
sections 1547.71 to 1547.78 of the Revised Code; and to pay the	50887
expenses of the department of taxation incident to the	50888
administration of the motor fuel laws, a motor fuel excise tax is	50889
hereby imposed on all motor fuel dealers upon receipt of motor	50890
fuel within this state at the rate of two cents plus the cents per	50891
gallon rate on each gallon so received, to be computed in the	50892
manner set forth in section 5735.06 of the Revised Code; provided	50893
that no tax is hereby imposed upon the following transactions:	50894

(1) The sale of dyed diesel fuel by a licensed motor fuel	50895
dealer from a location other than a retail service station	50896
provided the licensed motor fuel dealer places on the face of the	50897
delivery document or invoice, or both if both are used, a	50898
conspicuous notice stating that the fuel is dyed and is not for	50899
taxable use, and that taxable use of that fuel is subject to a	50900
penalty. The tax commissioner, by rule, may provide that any	50901
notice conforming to rules or regulations issued by the United	50902
States department of the treasury or the Internal Revenue Service	50903
is sufficient notice for the purposes of division (A)(1) of this	50904
section.	50905

(2) The sale of K-1 kerosene to a retail service station,	50906
except when placed directly in the fuel supply tank of a motor	50907
vehicle. Such sale shall be rebuttably presumed to not be	50908
distributed or sold for use or used to generate power for the	50909
operation of motor vehicles upon the public highways or upon the	50910
waters within the boundaries of this state.	50911

(3) The sale of motor fuel by a licensed motor fuel dealer to	50912
another licensed motor fuel dealer;	50913

(4) The exportation of motor fuel by a licensed motor fuel	50914
dealer from this state to any other state or foreign country;	50915

(5) The sale of motor fuel to the United States government or	50916
any of its agencies, except such tax as is permitted by it, where	50917
such sale is evidenced by an exemption certificate, in a form	50918
approved by the tax commissioner, executed by the United States	50919
government or an agency thereof certifying that the motor fuel	50920
therein identified has been purchased for the exclusive use of the	50921
United States government or its agency;	50922

(6) The sale of motor fuel ~~which~~that is in the process of	50923
transportation in foreign or interstate commerce, except ~~in so far~~	50924
insofar as it may be taxable under the Constitution and statutes	50925
of the United States, and except as may be agreed upon in writing	50926
by the dealer and the commissioner;	50927

(7) The sale of motor fuel when sold exclusively for use in	50928
the operation of aircraft, where such sale is evidenced by an	50929
exemption certificate prescribed by the commissioner and executed	50930
by the purchaser certifying that the motor fuel purchased has been	50931
purchased for exclusive use in the operation of aircraft;	50932

(8) The sale for exportation of motor fuel by a licensed	50933
motor fuel dealer to a licensed exporter type A;	50934

(9) The sale for exportation of motor fuel by a licensed	50935
motor fuel dealer to a licensed exporter type B, provided that the	50936
destination state motor fuel tax has been paid or will be accrued	50937
and paid by the licensed motor fuel dealer.	50938

(10) The sale to a consumer of diesel fuel, by a motor fuel	50939
dealer for delivery from a bulk lot vehicle, for consumption in	50940
operating a vessel when the use of such fuel in a vessel would	50941
otherwise qualify for a refund under section 5735.14 of the	50942
Revised Code.	50943

Division (A)(1) of this section does not apply to the sale or	50944
distribution of dyed diesel fuel used to operate a motor vehicle	50945
on the public highways or upon water within the boundaries of this	50946
state by persons permitted under regulations of the United States	50947
department of the treasury or of the Internal Revenue Service to	50948
so use dyed diesel fuel.	50949

(B) The two cent motor fuel tax levied by this section is	50950
also for the purpose of paying the expenses of administering and	50951
enforcing the state law relating to the registration and operation	50952
of motor vehicles.	50953

(C) After the tax provided for by this section on the receipt	50954
of any motor fuel has been paid by the motor fuel dealer, the	50955
motor fuel may thereafter be used, sold, or resold by any person	50956
having lawful title to it, without incurring liability for such	50957
tax.	50958

If a licensed motor fuel dealer sells motor fuel received by	50959
the licensed motor fuel dealer to another licensed motor fuel	50960
dealer, the seller may deduct on the report required by section	50961
5735.06 of the Revised Code the number of gallons so sold for the	50962
month within which the motor fuel was sold or delivered. In this	50963
event the number of gallons is deemed to have been received by the	50964
purchaser, who shall report and pay the tax imposed thereon.	50965

Sec. 5735.053. There is hereby created in the state treasury	50966
the motor fuel tax administration fund for the purpose of paying	50967
the expenses of the department of taxation incident to the	50968
administration of the motor fuel laws. After the treasurer of	50969
state credits the tax refund fund out of tax receipts as required	50970
by sections 5735.23, 5735.26, 5735.291, and 5735.30 of the Revised	50971
Code, the treasurer of state shall transfer to the motor fuel tax	50972
administration fund two hundred seventy-five one-thousandths per	50973
cent of the receipts from the taxes levied by sections 5735.05,	50974
5735.25, 5735.29, and 5735.30 of the Revised Code.	50975

Sec. 5735.23. (A) Out of receipts from the tax levied by	50976
section 5735.05 of the Revised Code, the treasurer of state shall	50977
place to the credit of the tax refund fund established by section	50978
5703.052 of the Revised Code amounts equal to the refunds	50979
certified by the tax commissioner pursuant to sections 5735.13,	50980
5735.14, 5735.141, 5735.142, and 5735.16 of the Revised Code. The	50981
treasurer of state shall then transfer the amount required by	50982
section 5735.051 of the Revised Code to the waterways safety fund	50983
~~and~~, the amount required by section 4907.472 of the Revised Code	50984
to the grade crossing protection fund, and the amount required by	50985
section 5735.053 of the Revised Code to the motor fuel tax	50986
administration fund.	50987

(B) Except as provided in division (D) of this section, each	50988
month the balance of the receipts from the tax levied by section	50989
5735.05 of the Revised Code shall be credited, after receipt by	50990
the treasurer of state of certification from the commissioners of	50991
the sinking fund, as required by section 5528.35 of the Revised	50992
Code, that there are sufficient moneys to the credit of the	50993
highway obligations bond retirement fund to meet in full all	50994
payments of interest, principal, and charges for the retirement of	50995
highway obligations issued pursuant to Section 2i of Article VIII,	50996
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised	50997
Code due and payable during the current calendar year, as follows:	50998

(1) To the state and local government highway distribution	50999
fund, which is hereby created in the state treasury, an amount	51000
that is the same percentage of the balance to be credited as that	51001
portion of the tax per gallon determined under division (B)(2)(a)	51002
of section 5735.06 of the Revised Code is of the total tax per	51003
gallon determined under divisions (B)(2)(a) and (b) of that	51004
section.	51005

(2) After making the distribution to the state and local	51006
government highway distribution fund, the remainder shall be	51007
credited as follows:	51008

(a) Thirty per cent to the gasoline excise tax fund for	51009
distribution pursuant to division (A)(1) of section 5735.27 of the	51010
Revised Code;	51011

(b) Twenty-five per cent to the gasoline excise tax fund for	51012
distribution pursuant to division (A)(3) of section 5735.27 of the	51013
Revised Code;	51014

(c) Except as provided in division (D) of this section,	51015
forty-five per cent to the highway operating fund for distribution	51016
pursuant to division (B)(1) of section 5735.27 of the Revised	51017
Code.	51018

(C) From the balance in the state and local government	51019
highway distribution fund on the last day of each month there	51020
shall be paid the following amounts:	51021

(1) To the local transportation improvement program fund	51022
created by section 164.14 of the Revised Code, an amount equal to	51023
a fraction of the balance in the state and local government	51024
highway distribution fund, the numerator of which fraction is one	51025
and the denominator of which fraction is that portion of the tax	51026
per gallon determined under division (B)(2)(a) of section 5735.06	51027
of the Revised Code;	51028

(2) An amount equal to five cents multiplied by the number of	51029
gallons of motor fuel sold at stations operated by the Ohio	51030
turnpike commission, such gallonage to be certified by the	51031
commission to the treasurer of state not later than the last day	51032
of the month following. The funds paid to the commission pursuant	51033
to this section shall be expended for the construction,	51034
reconstruction, maintenance, and repair of turnpike projects,	51035
except that the funds may not be expended for the construction of	51036
new interchanges. The funds also may be expended for the	51037
construction, reconstruction, maintenance, and repair of those	51038
portions of connecting public roads that serve existing	51039
interchanges and are determined by the commission and the director	51040
of transportation to be necessary for the safe merging of traffic	51041
between the turnpike and those public roads.	51042

The remainder of the balance shall be distributed as follows	51043
on the fifteenth day of the following month:	51044

(a) Ten and seven-tenths per cent shall be paid to municipal	51045
corporations for distribution pursuant to division (A)(1) of	51046
section 5735.27 of the Revised Code and may be used for any	51047
purpose for which payments received under that division may be	51048
used.	51049

(b) Five per cent shall be paid to townships for distribution	51050
pursuant to division (A)(5) of section 5735.27 of the Revised Code	51051
and may be used for any purpose for which payments received under	51052
that division may be used.	51053

(c) Nine and three-tenths per cent shall be paid to counties	51054
for distribution pursuant to division (A)(3) of section 5735.27 of	51055
the Revised Code and may be used for any purpose for which	51056
payments received under that division may be used.	51057

(d) Except as provided in division (D) of this section, the	51058
balance shall be transferred to the highway operating fund and	51059
used for the purposes set forth in division (B)(1) of section	51060
5735.27 of the Revised Code.	51061

(D) Beginning on the first day of September each fiscal year,	51062
any amounts required to be credited or transferred to the highway	51063
operating fund pursuant to division (B)(2)(c) or (C)(2)(d) of this	51064
section shall be credited or transferred to the highway capital	51065
improvement bond service fund created in section 151.06 of the	51066
Revised Code, until such time as the office of budget and	51067
management receives certification from the treasurer of state or	51068
the treasurer of state's designee that sufficient money has been	51069
credited or transferred to the bond service fund to meet in full	51070
all payments of debt service and financing costs due during the	51071
fiscal year from that fund.	51072

Sec. 5735.26. The treasurer of state shall place to the	51073
credit of the tax refund fund created by section 5703.052 of the	51074
Revised Code, out of receipts from the tax levied by section	51075
5735.25 of the Revised Code, amounts equal to the refunds	51076
certified by the tax commissioner pursuant to sections 5735.142	51077
and 5735.25 of the Revised Code, which shall be paid from such	51078
fund. ~~Receipts from the tax shall be used by the tax commissioner~~	51079
~~for the maintenance and administration of the motor fuel laws.~~ The	51080
treasurer of state shall then transfer the amount required by	51081
section 5735.051 of the Revised Code to the waterways safety fund	51082
and the amount required by section 5735.053 of the Revised Code to	51083
the motor fuel tax administration fund.	51084

The balance of taxes collected under section 5735.25 of the	51085
Revised Code shall be credited as follows, after the credits to	51086
the tax refund fund~~, and after deduction of the cost of~~	51087
~~administration of the motor fuel laws,~~ and ~~after~~ the ~~transfer~~	51088
transfers to the waterways safety fund and motor fuel tax	51089
administration fund, and after receipt by the treasurer of state	51090
of certifications from the commissioners of the sinking fund	51091
certifying, as required by sections 5528.15 and 5528.35 of the	51092
Revised Code, there are sufficient moneys to the credit of the	51093
highway improvement bond retirement fund to meet in full all	51094
payments of interest, principal, and charges for the retirement of	51095
bonds and other obligations issued pursuant to Section 2g of	51096
Article VIII, Ohio Constitution, and sections 5528.10 and 5528.11	51097
of the Revised Code due and payable during the current calendar	51098
year, and that there are sufficient moneys to the credit of the	51099
highway obligations bond retirement fund to meet in full all	51100
payments of interest, principal, and charges for the retirement of	51101
highway obligations issued pursuant to Section 2i of Article VIII,	51102
Ohio Constitution, and sections 5528.30 and 5528.31 of the Revised	51103
Code due and payable during the current calendar year:	51104

(A) Sixty-seven and one-half per cent to the highway	51105
operating fund for distribution pursuant to division (B)(2) of	51106
section 5735.27 of the Revised Code;	51107

(B) Seven and one-half per cent to the gasoline excise tax	51108
fund for distribution pursuant to division (A)(2) of such section;	51109

(C) Seven and one-half per cent to the gasoline excise tax	51110
fund for distribution pursuant to division (A)(4) of such section;	51111

(D) Seventeen and one-half per cent to the gasoline excise	51112
tax fund for distribution pursuant to division (A)(5) of such	51113
section.	51114

Sec. 5735.291. The treasurer of state shall place to the	51115
credit of the tax refund fund created by section 5703.052 of the	51116
Revised Code, out of receipts from the tax levied by section	51117
5735.29 of the Revised Code, amounts equal to the refunds	51118
certified by the tax commissioner pursuant to sections 5735.142	51119
and 5735.29 of the Revised Code. The refunds provided for by	51120
sections 5735.142 and 5735.29 of the Revised Code shall be paid	51121
from such fund. The treasurer of state shall then transfer the	51122
amount required by section 5735.051 of the Revised Code to the	51123
waterways safety fund and the amount required by section 5735.053	51124
of the Revised Code to the motor fuel tax administration fund. ~~The~~	51125

The balance of taxes collected under section 5735.29 of the	51126
Revised Code after the credits to the tax refund fund, and ~~after~~	51127
the ~~transfer~~transfers to the waterways safety fund and the motor	51128
fuel tax administration fund, and after receipt by the treasurer	51129
of state of certifications from the commissioners of the sinking	51130
fund certifying, as required by sections 5528.15 and 5528.35 of	51131
the Revised Code, that there are sufficient moneys to the credit	51132
of the highway improvement bond retirement fund created by section	51133
5528.12 of the Revised Code to meet in full all payments of	51134
interest, principal, and charges for the retirement of bonds and	51135
other obligations issued pursuant to Section 2g of Article VIII,	51136
Ohio Constitution, and sections 5528.10 and 5528.11 of the Revised	51137
Code due and payable during the current calendar year, and that	51138
there are sufficient moneys to the credit of the highway	51139
obligations bond retirement fund created by section 5528.32 of the	51140
Revised Code to meet in full all payments of interest, principal,	51141
and charges for the retirement of highway obligations issued	51142
pursuant to Section 2i of Article VIII, Ohio Constitution, and	51143
sections 5528.30 and 5528.31 of the Revised Code due and payable	51144
during the current calendar year, shall be credited to the highway	51145
operating fund, which is hereby created in the state treasury and	51146
shall be used solely for the purposes enumerated in section	51147
5735.29 of the Revised Code. All investment earnings of the fund	51148
shall be credited to the fund.	51149

Sec. 5735.30. (A) For the purpose of providing funds to pay	51150
the state's share of the cost of constructing and reconstructing	51151
highways and eliminating railway grade crossings on the major	51152
thoroughfares of the state highway system and urban extensions	51153
thereof, to pay that portion of the construction cost of a highway	51154
project which a county, township, or municipal corporation	51155
normally would be required to pay, but which the director of	51156
transportation, pursuant to division (B) of section 5531.08 of the	51157
Revised Code, determines instead will be paid from moneys in the	51158
highway operating fund, to pay the interest, principal, and	51159
charges on bonds and other obligations issued pursuant to Section	51160
2g of Article VIII, Ohio Constitution, and sections 5528.10 and	51161
5528.11 of the Revised Code, to pay the interest, principal, and	51162
charges on highway obligations issued pursuant to Section 2i of	51163
Article VIII, Ohio Constitution, and sections 5528.30 and 5528.31	51164
of the Revised Code, ~~and~~ to provide revenues for the purposes of	51165
sections 1547.71 to 1547.78 of the Revised Code, and to pay the	51166
expenses of the department of taxation incident to the	51167
administration of the motor fuel laws, a motor fuel excise tax is	51168
hereby imposed on all motor fuel dealers upon their receipt of	51169
motor fuel within the state, at the rate of one cent on each	51170
gallon so received, to be reported, computed, paid, collected,	51171
administered, enforced, refunded, and subject to the same	51172
exemptions and penalties as provided in this chapter of the	51173
Revised Code.	51174

The tax imposed by this section shall be in addition to the	51175
tax imposed by sections 5735.05, 5735.25, and 5735.29 of the	51176
Revised Code.	51177

(B) The treasurer of state shall place to the credit of the	51178
tax refund fund created by section 5703.052 of the Revised Code,	51179
out of receipts from the tax levied by this section, amounts equal	51180
to the refunds certified by the tax commissioner pursuant to this	51181
section. The refund provided for by ~~the first paragraph~~division	51182
(A) of this section shall be paid from such fund. The treasurer	51183
shall then transfer the amount required by section 5735.051 of the	51184
Revised Code to the waterways safety fund and the amount required	51185
by section 5735.053 of the Revised Code to the motor fuel tax	51186
administration fund. The balance of taxes for which the liability	51187
has become fixed prior to July 1, 1955, under this section, after	51188
the credit to the tax refund fund, shall be credited to the	51189
highway operating fund.	51190

(C)(1) The moneys derived from the tax levied by this	51191
section, after the credit ~~to the tax refund fund and the waterways~~	51192
~~safety fund as provided~~and transfers required by division (B) of	51193
this section, shall, during each calendar year, be credited to the	51194
highway improvement bond retirement fund created by section	51195
5528.12 of the Revised Code, until the commissioners of the	51196
sinking fund certify to the treasurer of state, as required by	51197
section 5528.17 of the Revised Code, that there are sufficient	51198
moneys to the credit of the highway improvement bond retirement	51199
fund to meet in full all payments of interest, principal, and	51200
charges for the retirement of bonds and other obligations issued	51201
pursuant to Section 2g of Article VIII, Ohio Constitution, and	51202
sections 5528.10 and 5528.11 of the Revised Code due and payable	51203
during the current calendar year and during the next succeeding	51204
calendar year. From the date of the receipt of the certification	51205
required by section 5528.17 of the Revised Code by the treasurer	51206
of state until the thirty-first day of December of the calendar	51207
year in which such certification is made, all moneys received in	51208
the state treasury from the tax levied by this section, after the	51209
credit ~~to the tax refund fund and the waterways safety fund as~~	51210
~~provided~~and transfers required by division (B) of this section,	51211
shall be credited to the highway obligations bond retirement fund	51212
created by section 5528.32 of the Revised Code, until the	51213
commissioners of the sinking fund certify to the treasurer of	51214
state, as required by section 5528.38 of the Revised Code, that	51215
there are sufficient moneys to the credit of the highway	51216
obligations bond retirement fund to meet in full all payments of	51217
interest, principal, and charges for the retirement of obligations	51218
issued pursuant to Section 2i of Article VIII, Ohio Constitution,	51219
and sections 5528.30 and 5528.31 of the Revised Code due and	51220
payable during the current calendar year and during the next	51221
succeeding calendar year. ~~From~~	51222

(2) From the date of the receipt of the certification	51223
required by section 5528.38 of the Revised Code by the treasurer	51224
of state until the thirty-first day of December of the calendar	51225
year in which such certification is made, all moneys received in	51226
the state treasury from the tax levied by this section, after the	51227
credit ~~to the tax refund fund and the waterways safety fund as~~	51228
~~provided~~and transfers required by division (B) of this section,	51229
shall be credited to the highway operating fund, except as	51230
provided in ~~the next succeeding paragraph~~division (C)(3) of this	51231
section.	51232

(3) From the date of the receipt by the treasurer of state of	51233
certifications from the commissioners of the sinking fund, as	51234
required by sections 5528.18 and 5528.39 of the Revised Code,	51235
certifying that the moneys to the credit of the highway	51236
improvement bond retirement fund are sufficient to meet in full	51237
all payments of interest, principal, and charges for the	51238
retirement of all bonds and other obligations which may be issued	51239
pursuant to Section 2g of Article VIII, Ohio Constitution, and	51240
sections 5528.10 and 5528.11 of the Revised Code, and to the	51241
credit of the highway obligations bond retirement fund are	51242
sufficient to meet in full all payments of interest, principal,	51243
and charges for the retirement of all obligations issued pursuant	51244
to Section 2i of Article VIII, Ohio Constitution, and sections	51245
5528.30 and 5528.31 of the Revised Code, the moneys derived from	51246
the tax levied by this section, after the credit ~~to the tax refund~~	51247
~~fund and the waterways safety fund as provided~~and transfers	51248
required by division (B) of this section, shall be credited to the	51249
highway operating fund.	51250

Sec. 5747.12. If a person entitled to a refund under section	51251
5747.11 or 5747.13 of the Revised Code is indebted to this state	51252
for any tax, workers' compensation premium due under section	51253
4123.35 of the Revised Code, unemployment compensation	51254
contribution due under section 4141.25 of the Revised Code, or fee	51255
~~administered by the tax commissioner~~ that is paid to the state or	51256
to the clerk of courts pursuant to section 4505.06 of the Revised	51257
Code, or any charge, penalty, or interest arising from such a tax,	51258
workers' compensation premium, unemployment compensation	51259
contribution, or fee, the amount refundable may be applied in	51260
satisfaction of the debt. If the amount refundable is less than	51261
the amount of the debt, it may be applied in partial satisfaction	51262
of the debt. If the amount refundable is greater than the amount	51263
of the debt, the amount remaining after satisfaction of the debt	51264
shall be refunded. If the person has more than one such debt, any	51265
debt subject to section 5739.33 or division (G) of section 5747.07	51266
of the Revised Code shall be satisfied first. This section applies	51267
only to debts that have become final.	51268

The tax commissioner may, with the consent of the taxpayer,	51269
provide for the crediting, against tax imposed under this chapter	51270
or Chapter 5748. of the Revised Code and due for any taxable year,	51271
of the amount of any refund due the taxpayer under this chapter or	51272
Chapter 5748. of the Revised Code, as appropriate, for a preceding	51273
taxable year.	51274

Sec. 5903.12. (A) As used in this section:

51275

(1) "Continuing education" means continuing education	51276
required of a licensee by law and includes, but is not limited to,	51277
the continuing education required of licensees under sections	51278
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24,	51279
4725.16, ~~4725.51,~~ 4731.281, 4734.25, 4735.141, 4736.11, 4741.16,	51280
4741.19, 4751.07, 4755.63, 4757.33, 4759.06, 4761.06, and 4763.07	51281
of the Revised Code.	51282

(2) "License" means a license, certificate, permit, or other	51283
authorization issued or conferred by a licensing agency under	51284
which a licensee may engage in a profession, occupation, or	51285
occupational activity.	51286

(3) "Licensee" means a person to whom all of the following	51287
apply:	51288

(a) The person has been issued a license by a licensing	51289
agency.	51290

(b) The person is a member of the Ohio national guard, the	51291
Ohio military reserve, the Ohio naval militia, or a reserve	51292
component of the armed forces of the United States.	51293

(c) The person has been called to active duty, whether inside	51294
or outside the United States, because of an executive order issued	51295
by the president of the United States or an act of congress, for a	51296
period in excess of thirty-one days.	51297

(4) "Licensing agency" means any state department, division,	51298
board, commission, agency, or other state governmental unit	51299
authorized by the Revised Code to issue a license.	51300

(5) "Reporting period" means the period of time during which	51301
a licensee must complete the number of hours of continuing	51302
education required of the licensee by law.	51303

(B) Each licensing agency, upon receiving an application from	51304
one of its licensees that is accompanied by proper documentation	51305
certifying that the licensee has been called to active duty as	51306
described in division (A)(3)(c) of this section during the current	51307
or a prior reporting period and certifying the length of that	51308
active duty, shall extend the current reporting period by an	51309
amount of time equal to the total number of months that the	51310
licensee spent on active duty during the current reporting period.	51311
For purposes of this division, any portion of a month served on	51312
active duty shall be considered one full month.	51313

Sec. 6101.09. Within thirty days after the conservancy	51314
district has been declared a corporation by the court, the clerk	51315
of such court shall transmit to the secretary of state, to the	51316
director of the department of natural resources, and to the county	51317
recorder in each of the counties having lands in the district,	51318
copies of the findings and the decree of the court incorporating	51319
the district. The same shall be filed and recorded in the office	51320
of the secretary of state in the same manner as articles of	51321
incorporation are required to be filed and recorded under the	51322
general law concerning corporations. Copies shall also be filed	51323
and become permanent records in the office of the recorder of each	51324
county in which a part of the district lies. Each recorder shall	51325
receive a base fee of one dollar for filing and preserving such	51326
copies and a housing trust fund fee of one dollar pursuant to	51327
section 317.36 of the Revised Code, and the secretary of state	51328
shall receive for filing and for recording the copies a fee of	51329
twenty-five dollars.	51330

Sec. 6109.21. (A) Except as provided in divisions (D) and	51331
(E) of this section, on and after January 1, 1994, no person shall	51332
operate or maintain a public water system in this state without a	51333
license issued by the director of environmental protection. A	51334
person who operates or maintains a public water system on January	51335
1, 1994, shall obtain an initial license under this section in	51336
accordance with the following schedule:	51337

(1) If the public water system is a community water system,	51338
not later than January 31, 1994;	51339

(2) If the public water system is not a community water	51340
system and serves a nontransient population, not later than	51341
January 31, 1994;	51342

(3) If the public water system is not a community water	51343
system and serves a transient population, not later than January	51344
31, 1995.	51345

A person proposing to operate or maintain a new public water	51346
system after January 1, 1994, in addition to complying with	51347
section 6109.07 of the Revised Code and rules adopted under it,	51348
shall submit an application for an initial license under this	51349
section to the director prior to commencing operation of the	51350
system.	51351

A license or license renewal issued under this section shall	51352
be renewed annually. Such a license or license renewal shall	51353
expire on the thirtieth day of January in the year following its	51354
issuance. A license holder that proposes to continue operating the	51355
public water system for which the license or license renewal was	51356
issued shall apply for a license renewal at least thirty days	51357
prior to that expiration date.	51358

The director shall adopt, and may amend and rescind, rules in	51359
accordance with Chapter 119. of the Revised Code establishing	51360
procedures governing and information to be included on	51361
applications for licenses and license renewals under this section.	51362
Through June 30, ~~2004~~2006, each application shall be accompanied	51363
by the appropriate fee established under division (M) of section	51364
3745.11 of the Revised Code, provided that an applicant for an	51365
initial license who is proposing to operate or maintain a new	51366
public water system after January 1, 1994, shall submit a fee that	51367
equals a prorated amount of the appropriate fee established under	51368
that division for the remainder of the licensing year.	51369

(B) Not later than thirty days after receiving a completed	51370
application and the appropriate license fee for an initial license	51371
under division (A) of this section, the director shall issue the	51372
license for the public water system. Not later than thirty days	51373
after receiving a completed application and the appropriate	51374
license fee for a license renewal under division (A) of this	51375
section, the director shall do one of the following:	51376

(1) Issue the license renewal for the public water system;

51377

(2) Issue the license renewal subject to terms and conditions	51378
that the director determines are necessary to ensure compliance	51379
with this chapter and rules adopted under it;	51380

(3) Deny the license renewal if the director finds that the	51381
public water system was not operated in substantial compliance	51382
with this chapter and rules adopted under it.	51383

(C) The director may suspend or revoke a license or license	51384
renewal issued under this section if the director finds that the	51385
public water system was not operated in substantial compliance	51386
with this chapter and rules adopted under it. The director shall	51387
adopt, and may amend and rescind, rules in accordance with Chapter	51388
119. of the Revised Code governing such suspensions and	51389
revocations.	51390

(D)(1) As used in division (D) of this section, "church"	51391
means a fellowship of believers, congregation, society,	51392
corporation, convention, or association that is formed primarily	51393
or exclusively for religious purposes and that is not formed or	51394
operated for the private profit of any person.	51395

(2) This section does not apply to a church that operates or	51396
maintains a public water system solely to provide water for that	51397
church or for a campground that is owned by the church and	51398
operated primarily or exclusively for members of the church and	51399
their families. A church that, on or before March 5, 1996, has	51400
obtained a license under this section for such a public water	51401
system need not obtain a license renewal under this section.	51402

(E) This section does not apply to any public or nonpublic	51403
school that meets minimum standards of the state board of	51404
education that operates or maintains a public water system solely	51405
to provide water for that school.	51406

Sec. 6115.09. Within thirty days after the sanitary district	51407
has been declared a corporation by the court, the clerk of such	51408
court shall transmit to the secretary of state, and to the county	51409
recorder in each of the counties having lands in said district,	51410
copies of the findings and the decree of the court incorporating	51411
said district. The same shall be filed and recorded in the office	51412
of the secretary of state in the same manner as articles of	51413
incorporation are required to be filed and recorded under the	51414
general law concerning corporations. Copies shall also be filed	51415
and become permanent records in the office of the recorder of each	51416
county in which a part of the district lies. Each recorder shall	51417
receive a base fee of one dollar for filing and preserving such	51418
copies and a housing trust fund fee of one dollar pursuant to	51419
section 317.36 of the Revised Code, and the secretary of state	51420
shall receive for filing and for recording said copies such fees	51421
as are provided by law for like services in similar cases.	51422

Sec. 6117.02. (A) The board of county commissioners shall	51423
fix reasonable rates, including penalties for late payments, for	51424
the use, or the availability for use, of the sanitary facilities	51425
of a sewer district to be paid by every person and public agency	51426
whose premises are served, or capable of being served, by a	51427
connection directly or indirectly to those facilities when those	51428
facilities are owned or operated by the county and may change the	51429
rates from time to time as it considers advisable. When the	51430
sanitary facilities to be used by the county are owned by another	51431
public agency or person, the schedule of rates to be charged by	51432
the public agency or person for the use of the facilities by the	51433
county, or the formula or other procedure for their determination,	51434
shall be approved by the board at the time it enters into a	51435
contract for that use.	51436

(B) The board also shall establish reasonable charges to be	51437
collected for the privilege of connecting to the sanitary	51438
facilities of the district, with the requirement that, prior to	51439
the connection, the charges shall be paid in full, or, if	51440
determined by the board to be equitable in a resolution relating	51441
to the payment of the charges, provision considered adequate by	51442
the board shall be made for their payment in installments at the	51443
times, in the amounts, and with the security, carrying charges,	51444
and penalties as may be found by the board in that resolution to	51445
be fair and appropriate. No public agency or person shall be	51446
permitted to connect to those facilities until the charges have	51447
been paid in full or provision for their payment in installments	51448
has been made. If the connection charges are to be paid in	51449
installments, the board shall certify to the county auditor	51450
information sufficient to identify each parcel of property served	51451
by a connection and, with respect to each parcel, the total of the	51452
charges to be paid in installments, the amount of each	51453
installment, and the total number of installments to be paid. The	51454
auditor shall record and maintain the information supplied in the	51455
sewer improvement record provided for in section 6117.33 of the	51456
Revised Code until the connection charges are paid in full. The	51457
board may include amounts attributable to connection charges being	51458
paid in installments in its billings of rates and charges for the	51459
use of sanitary facilities.	51460

(C) When any of the sanitary rates or charges are not paid	51461
when due, the board may do any or all of the following as it	51462
considers appropriate:	51463

(1) Certify the unpaid rates or charges, together with any	51464
penalties, to the county auditor, who shall place them upon the	51465
real property tax list and duplicate against the property served	51466
by the connection. The certified amount shall be a lien on the	51467
property from the date placed on the real property tax list and	51468
duplicate and shall be collected in the same manner as taxes,	51469
except that, notwithstanding section 323.15 of the Revised Code, a	51470
county treasurer shall accept a payment in that amount when	51471
separately tendered as payment for the full amount of the unpaid	51472
sanitary rates or charges and associated penalties. The lien shall	51473
be released immediately upon payment in full of the certified	51474
amount.	51475

(2) Collect the unpaid rates or charges, together with any	51476
penalties, by actions at law in the name of the county from an	51477
owner, tenant, or other person or public agency that is liable for	51478
the payment of the rates or charges;	51479

(3) Terminate, in accordance with established rules, the	51480
sanitary service to the particular property and, if so determined,	51481
any county water service to that property, unless and until the	51482
unpaid sanitary rates or charges, together with any penalties, are	51483
paid in full;	51484

(4) Apply, to the extent required, any security deposit made	51485
in accordance with established rules to the payment of sanitary	51486
rates and charges for service to the particular property.	51487

All moneys collected as sanitary rates, charges, or penalties	51488
fixed or established in accordance with divisions (A) and (B) of	51489
this section for any sewer district shall be paid to the county	51490
treasurer and kept in a separate and distinct sanitary fund	51491
established by the board to the credit of the district. Except as	51492
otherwise provided in any proceedings authorizing or providing for	51493
the security for and payment of any public obligations, or in any	51494
indenture or trust or other agreement securing public obligations,	51495
moneys in the sanitary fund shall be applied first to the payment	51496
of the cost of the management, maintenance, and operation of the	51497
sanitary facilities of, or used or operated for, the district,	51498
which cost may include the county's share of management,	51499
maintenance, and operation costs under cooperative contracts for	51500
the acquisition, construction, or use of sanitary facilities and,	51501
in accordance with a cost allocation plan adopted under division	51502
(E) of this section, payment of all allowable direct and indirect	51503
costs of the district, the county sanitary engineer or sanitary	51504
engineering department, or a federal or state grant program,	51505
incurred for sanitary purposes under this chapter, and shall be	51506
applied second to the payment of debt charges payable on any	51507
outstanding public obligations issued or incurred for the	51508
acquisition or construction of sanitary facilities for or serving	51509
the district, or for the funding of a bond retirement or other	51510
fund established for the payment of or security for the	51511
obligations. Any surplus remaining may be applied to the	51512
acquisition or construction of those facilities or for the payment	51513
of contributions to be made, or costs incurred, for the	51514
acquisition or construction of those facilities under cooperative	51515
contracts. Moneys in the sanitary fund shall not be expended other	51516
than for the use and benefit of the district.	51517

(D) The board may fix reasonable rates and charges, including	51518
connection charges and penalties for late payments, to be paid by	51519
any person or public agency owning or having possession or control	51520
of any properties that are connected with, capable of being served	51521
by, or otherwise served directly or indirectly by, drainage	51522
facilities owned or operated by or under the jurisdiction of the	51523
county, including, but not limited to, properties requiring, or	51524
lying within an area of the district requiring, in the judgment of	51525
the board, the collection, control, or abatement of waters	51526
originating or accumulating in, or flowing in, into, or through,	51527
the district, and may change those rates and charges from time to	51528
time as it considers advisable. ~~The~~In addition, the board may fix	51529
the rates and charges in order to pay the costs of complying with	51530
the requirements of phase II of the storm water program of the	51531
national pollutant discharge elimination system established in 40	51532
C.F.R. part 122.	51533

The rates and charges shall be payable periodically as	51534
determined by the board, except that any connection charges shall	51535
be paid in full in one payment, or, if determined by the board to	51536
be equitable in a resolution relating to the payment of those	51537
charges, provision considered adequate by the board shall be made	51538
for their payment in installments at the times, in the amounts,	51539
and with the security, carrying charges, and penalties as may be	51540
found by the board in that resolution to be fair and appropriate.	51541
The board may include amounts attributable to connection charges	51542
being paid in installments in its billings of rates and charges	51543
for the services provided by the drainage facilities. In the case	51544
of rates and charges that are fixed in order to pay the costs of	51545
complying with the requirements of phase II of the storm water	51546
program of the national pollutant discharge elimination system	51547
established in 40 C.F.R. part 122, the rates and charges may be	51548
paid annually or semiannually with real property taxes, provided	51549
that the board certifies to the county auditor information that is	51550
sufficient for the auditor to identify each parcel of property for	51551
which a rate or charge is levied and the amount of the rate or	51552
charge.	51553

When any of the drainage rates or charges are not paid when	51554
due, the board may do any or all of the following as it considers	51555
appropriate:	51556

(1) Certify the unpaid rates or charges, together with any	51557
penalties, to the county auditor, who shall place them upon the	51558
real property tax list and duplicate against the property to which	51559
the rates or charges apply. The certified amount shall be a lien	51560
on the property from the date placed on the real property tax list	51561
and duplicate and shall be collected in the same manner as taxes,	51562
except that notwithstanding section 323.15 of the Revised Code, a	51563
county treasurer shall accept a payment in that amount when	51564
separately tendered as payment for the full amount of the unpaid	51565
drainage rates or charges and associated penalties. The lien shall	51566
be released immediately upon payment in full of the certified	51567
amount.	51568

(2) Collect the unpaid rates or charges, together with any	51569
penalties, by actions at law in the name of the county from an	51570
owner, tenant, or other person or public agency that is liable for	51571
the payment of the rates or charges;	51572

(3) Terminate, in accordance with established rules, the	51573
drainage service for the particular property until the unpaid	51574
rates or charges, together with any penalties, are paid in full;	51575

(4) Apply, to the extent required, any security deposit made	51576
in accordance with established rules to the payment of drainage	51577
rates and charges applicable to the particular property.	51578

All moneys collected as drainage rates, charges, or penalties	51579
in or for any sewer district shall be paid to the county treasurer	51580
and kept in a separate and distinct drainage fund established by	51581
the board to the credit of the district. Except as otherwise	51582
provided in any proceedings authorizing or providing for the	51583
security for and payment of any public obligations, or in any	51584
indenture or trust or other agreement securing public obligations,	51585
moneys in the drainage fund shall be applied first to the payment	51586
of the cost of the management, maintenance, and operation of the	51587
drainage facilities of, or used or operated for, the district,	51588
which cost may include the county's share of management,	51589
maintenance, and operation costs under cooperative contracts for	51590
the acquisition, construction, or use of drainage facilities and,	51591
in accordance with a cost allocation plan adopted under division	51592
(E) of this section, payment of all allowable direct and indirect	51593
costs of the district, the county sanitary engineer or sanitary	51594
engineering department, or a federal or state grant program,	51595
incurred for drainage purposes under this chapter, and shall be	51596
applied second to the payment of debt charges payable on any	51597
outstanding public obligations issued or incurred for the	51598
acquisition or construction of drainage facilities for or serving	51599
the district, or for the funding of a bond retirement or other	51600
fund established for the payment of or security for the	51601
obligations. Any surplus remaining may be applied to the	51602
acquisition or construction of those facilities or for the payment	51603
of contributions to be made, or costs incurred, for the	51604
acquisition or construction of those facilities under cooperative	51605
contracts. Moneys in the drainage fund shall not be expended other	51606
than for the use and benefit of the district.	51607

(E) A board of county commissioners may adopt a cost	51608
allocation plan that identifies, accumulates, and distributes	51609
allowable direct and indirect costs that may be paid from each of	51610
the funds of the district created pursuant to divisions (C) and	51611
(D) of this section, and that prescribes methods for allocating	51612
those costs. The plan shall authorize payment from each of those	51613
funds of only those costs incurred by the district, the county	51614
sanitary engineer or sanitary engineering department, or a federal	51615
or state grant program, and those costs incurred by the general	51616
and other funds of the county for a common or joint purpose, that	51617
are necessary and reasonable for the proper and efficient	51618
administration of the district under this chapter and properly	51619
attributable to the particular fund of the district. The plan	51620
shall not authorize payment from either of the funds of any	51621
general government expense required to carry out the overall	51622
governmental responsibilities of a county. The plan shall conform	51623
to United States office of management and budget Circular A-87,	51624
"Cost Principles for State, Local, and Indian Tribal Governments,"	51625
published May 17, 1995.	51626

Section 2. That existing sections 9.01, 9.83, 101.34, 101.72,	51627
101.82, 102.02, 108.05, 109.57, 109.572, 109.91, 117.45, 121.04,	51628
121.084, 121.62, 122.011, 122.04, 122.08, 122.25, 122.651,	51629
122.658, 122.87, 122.88, 123.01, 124.03, 125.05, 125.06, 125.07,	51630
125.15, 125.22, 125.91, 125.92, 125.93, 125.95, 125.96, 125.98,	51631
126.03, 126.11, 127.16, 131.02, 131.23, 131.35, 135.22, 141.011,	51632
147.01, 147.37, 149.011, 149.30, 149.33, 149.331, 149.332,	51633
149.333, 149.34, 149.35, 153.65, 163.06, 164.27, 173.14, 173.26,	51634
175.03, 175.21, 175.22, 181.51, 181.52, 181.53, 181.54, 181.55,	51635
181.56, 183.02, 183.28, 307.202, 311.17, 317.32, 319.302, 323.01,	51636
323.152, 329.03, 329.04, 329.051, 340.021, 340.03, 505.69, 717.01,	51637
901.17, 901.21, 921.151, 927.69, 1309.109, 1321.21, 1333.99,	51638
1501.04, 1513.05, 1519.05, 1521.06, 1521.063, 1531.26, 1533.08,	51639
1533.10, 1533.101, 1533.11, 1533.111, 1533.112, 1533.12, 1533.13,	51640
1533.151, 1533.19, 1533.23, 1533.301, 1533.32, 1533.35, 1533.40,	51641
1533.54, 1533.631, 1533.632, 1533.71, 1533.82, 1551.11, 1551.12,	51642
1551.15, 1551.311, 1551.32, 1551.33, 1551.35, 1555.02, 1555.03,	51643
1555.04, 1555.05, 1555.06, 1555.08, 1555.17, 1563.42, 1702.59,	51644
2101.16, 2117.06, 2117.25, 2151.3529, 2151.3530, 2151.83, 2151.84,	51645
2152.74, 2305.234, 2329.07, 2329.66, 2505.13, 2715.041, 2715.045,	51646
2716.13, 2743.02, 2901.07, 2921.13, 2935.36, 2949.091, 3111.04,	51647
3111.72, 3119.01, 3123.952, 3301.33, 3301.52, 3301.53, 3301.54,	51648
3301.55, 3301.57, 3301.58, 3301.80, 3301.801, 3311.52, 3313.41,	51649
3313.647, 3313.90, 3313.979, 3313.981, 3314.02, 3314.03, 3314.041,	51650
3314.07, 3314.074, 3314.08, 3316.08, 3317.01, 3317.012, 3317.013,	51651
3317.02, 3317.022, 3317.023, 3317.024, 3317.029, 3317.0213,	51652
3317.0217, 3317.03, 3317.032, 3317.04, 3317.05, 3317.06, 3317.064,	51653
3317.07, 3317.081, 3317.09, 3317.10, 3317.16, 3317.50, 3317.51,	51654
3318.37, 3319.01, 3319.02, 3319.03, 3319.07, 3319.19, 3319.22,	51655
3319.227, 3319.235, 3319.302, 3319.33, 3319.36, 3323.12, 3323.16,	51656
3327.01, 3327.011, 3329.06, 3329.08, 3332.04, 3333.12, 3365.04,	51657
3377.01, 3377.06, 3383.01, 3383.07, 3501.18, 3501.30, 3505.08,	51658
3517.092, 3701.021, 3701.022, 3701.024, 3701.141, 3701.145,	51659
3701.78, 3702.31, 3702.68, 3702.74, 3705.23, 3705.24, 3709.09,	51660
3710.05, 3711.021, 3721.02, 3721.19, 3727.17, 3733.43, 3733.45,	51661
3734.02, 3734.05, 3734.12, 3734.123, 3734.124, 3734.18, 3734.28,	51662
3734.42, 3734.44, 3734.46, 3734.57, 3737.81, 3745.04, 3745.11,	51663
3745.14, 3745.40, 3746.13, 3748.07, 3748.13, 3770.07, 3770.10,	51664
3770.99, 3773.33, 3773.43, 3781.19, 3793.09, 4104.01, 4104.02,	51665
4104.04, 4104.06, 4104.07, 4104.08, 4104.15, 4104.18, 4104.19,	51666
4104.20, 4104.41, 4104.44, 4104.45, 4104.46, 4105.17, Sec. 4112.12. ,	51667
4112.15, 4115.03, 4115.10, 4117.02, 4117.10, 4117.14, 4123.27,	51668
4123.41, 4141.04, 4141.09, 4141.23, 4301.30, 4303.02, 4303.021,	51669
4303.03, 4303.04, 4303.05, 4303.06, 4303.07, 4303.08, 4303.09,	51670
4303.10, 4303.11, 4303.12, 4303.121, 4303.13, 4303.14, 4303.141,	51671
4303.15, 4303.151, 4303.16, 4303.17, 4303.171, 4303.18, 4303.181,	51672
4303.182, 4303.183, 4303.184, 4303.19, 4303.20, 4303.201,	51673
4303.202, 4303.203, 4303.204, 4303.21, 4303.22, 4303.23, 4303.231,	51674
4501.27, 4503.234, 4509.60, 4511.191, 4511.75, 4561.18, 4561.21,	51675
4707.071, 4707.072, 4707.10, 4709.12, 4717.07, 4717.09, 4719.01,	51676
4723.06, 4723.08, 4723.082, 4725.01, 4725.02, 4725.03, 4725.04,	51677
4725.05, 4725.06, 4725.07, 4725.08, 4725.09, 4725.10, 4725.11,	51678
4725.12, 4725.13, 4725.15, 4725.16, 4725.17, 4725.171, 4725.18,	51679
4725.19, 4725.20, 4725.21, 4725.22, 4725.23, 4725.24, 4725.26,	51680
4725.27, 4725.28, 4725.29, 4725.31, 4725.33, 4725.34, 4725.99,	51681
4731.65, 4731.71, 4734.15, 4734.99, 4736.12, 4741.17, 4743.05,	51682
4747.05, 4747.06, 4747.07, 4747.10, 4751.06, 4751.07, 4759.08,	51683
4771.22, 4779.08, 4779.09, 4779.10, 4779.11, 4779.12, 4779.15,	51684
4779.16, 4779.17, 4779.18, 4779.20, 4779.21, 4779.22, 4779.23,	51685
4779.24, 4779.25, 4779.26, 4779.27, 4779.30, 4779.32, 4779.33,	51686
4903.24, 4905.91, 4919.79, 4973.17, 4981.01, 4981.03, 4981.031,	51687
4981.032, 4981.033, 4981.04, 4981.06, 4981.07, 4981.08, 4981.09,	51688
4981.091, 4981.10, 4981.11, 4981.12, 4981.13, 4981.131, 4981.14,	51689
4981.15, 4981.16, 4981.17, 4981.18, 4981.19, 4981.20, 4981.21,	51690
4981.22, 4981.23, 4981.25, 4981.26, 4981.28, 4981.29, 4981.30,	51691
4981.31, 4981.32, 4981.33, 4981.34, 4981.35, 4981.36, 4981.361,	51692
5101.11, 5101.14, 5101.141, 5101.142, 5101.144, 5101.145,	51693
5101.146, 5101.16, 5101.18, 5101.181, 5101.36, 5101.58, 5101.59,	51694
5101.75, 5101.80, 5101.83, 5101.97, 5103.031, 5103.033, 5103.034,	51695
5103.036, 5103.037, 5103.038, 5103.0312, 5103.0313, 5103.0314,	51696
5103.0315, 5103.0316, 5103.154, 5104.01, 5104.011, 5104.02,	51697
5104.04, 5104.30, 5104.32, 5107.02, 5107.30, 5107.37, 5107.40,	51698
5107.60, 5108.01, 5108.03, 5108.06, 5108.07, 5108.09, 5108.10,	51699
5111.019, 5111.0112, 5111.02, 5111.021, 5111.022, 5111.03,	51700
5111.06, 5111.08, 5111.111, 5111.16, 5111.17, 5111.171, 5111.20,	51701
5111.21, 5111.22, 5111.25, 5111.251, 5111.252, 5111.28, 5111.29,	51702
5111.30, 5111.31, 5111.81, 5111.85, 5111.87, 5111.871, 5111.872,	51703
5111.873, 5111.94, 5112.03, 5112.08, 5112.17, 5112.31, 5112.99,	51704
5115.01, 5115.02, 5115.03, 5115.04, 5115.05, 5115.07, 5115.10,	51705
5115.11, 5115.13, 5115.15, 5115.20, 5119.61, 5119.611, 5120.09,	51706
5120.51, 5123.01, 5123.051, 5123.19, 5123.60, 5123.801, 5126.01,	51707
5126.042, 5126.12, 5139.01, 5139.36, 5139.87, 5153.163, 5153.60,	51708
5153.69, 5153.72, 5153.78, 5310.15, 5501.03, 5502.13, 5513.01,	51709
5515.07, 5519.01, 5705.19, 5705.41, 5709.62, 5709.63, 5709.632,	51710
5709.64, 5719.07, 5727.56, 5733.121, 5733.18, 5733.22, 5735.05,	51711
5735.23, 5735.26, 5735.291, 5735.30, 5747.12, 5903.12, 6101.09,	51712
6109.21, 6115.09, 6117.02, and 6301.10, and sections Sec. 122.12. ,	51713
Sec. 125.831. , Sec. 125.931. , Sec. 125.932. , Sec. 125.933. , Sec. 125.934. , Sec. 125.935. , Sec. 131.38. ,	51714
Sec. 173.45. , Sec. 173.46. , Sec. 173.47. , Sec. 173.48. , Sec. 173.49. , Sec. 173.50. , Sec. 173.51. , Sec. 173.52. ,	51715
Sec. 173.53. , Sec. 173.54. , Sec. 173.55. , Sec. 173.56. , Sec. 173.57. , Sec. 173.58. , Sec. 173.59. , Sec. 1333.96. ,	51716
Sec. 1533.06. , Sec. 1533.39. , Sec. 1553.01. , Sec. 1553.02. , Sec. 1553.03. , Sec. 1553.04. , Sec. 1553.05. ,	51717
Sec. 1553.06. , Sec. 1553.07. , Sec. 1553.08. , Sec. 1553.09. , Sec. 1553.10. , Sec. 1553.99. , Sec. 2305.26. ,	51718
Sec. 3301.0719. , Sec. 3301.078. , Sec. 3301.0724. , Sec. 3301.31. , Sec. 3301.581. , Sec. 3302.041. ,	51719
Sec. 3313.82. , Sec. 3313.83. , Sec. 3313.94. , Sec. 3317.11. , Sec. 3318.35. , Sec. 3318.351. , Sec. 3319.06. ,	51720
Sec. 3319.34. , Sec. 3701.142. , Sec. 3701.144. , Sec. 4104.42. , Sec. 4104.43. , Sec. 4112.12. , Sec. 4112.13. ,	51721
Sec. 4141.044. , Sec. 4141.045. , Sec. 4725.40. , Sec. 4725.41. , Sec. 4725.42. , Sec. 4725.43. , Sec. 4725.44. ,	51722
Sec. 4725.45. , Sec. 4725.46. , Sec. 4725.47. , Sec. 4725.48. , Sec. 4725.49. , Sec. 4725.50. , Sec. 4725.51. ,	51723
Sec. 4725.52. , Sec. 4725.53. , Sec. 4725.531. , Sec. 4725.54. , Sec. 4725.55. , Sec. 4725.56. , Sec. 4725.57. ,	51724
Sec. 4725.58. , Sec. 4725.59. , Sec. 4779.05. , Sec. 4779.06. , Sec. 4779.07. , Sec. 5101.251. , Sec. 5108.05. ,	51725
Sec. 5111.017. , Sec. 5111.173. , Sec. 5115.011. , Sec. 5115.012. , Sec. 5115.06. , Sec. 5115.061. of the	51726
Revised Code are hereby repealed.	51727

Section 3.01. That the version of section 921.22 of the	51728
Revised Code that is scheduled to take effect July 1, 2004, be	51729
amended to read as follows:	51730

Sec. 921.22. The pesticide program fund is hereby created in	51731
the state treasury. ~~All~~The portion of the money in the fund that	51732
is collected under this chapter shall be used to carry out the	51733
purposes of this chapter. The portion of the money in the fund	51734
that is collected under section 927.69 of the Revised Code shall	51735
be used to carry out the purposes specified in that section and	51736
the portion of the money in the fund that is collected under	51737
section 927.701 of the Revised Code shall be used to carry out the	51738
purposes of that section. The fund shall consist of fees collected	51739
under sections 921.01 to 921.15 and section 927.69 of the Revised	51740
Code, money collected under section 927.701 of the Revised Code,	51741
and all fines, penalties, costs, and damages, except court costs,	51742
that are collected by either the director of agriculture or the	51743
attorney general in consequence of any violation of this chapter.	51744

Section 3.02. That the existing version of section 921.22 of	51745
the Revised Code that is scheduled to take effect July 1, 2004, is	51746
hereby repealed.	51747

Section 3.03. Sections 3.01 and 3.02 of this act take effect	51748
July 1, 2004.	51749

Section 3.04. That the version of section 3332.04 of the	51750
Revised Code that is scheduled to take effect on July 1, 2003, be	51751
amended to read as follows:	51752

Sec. 3332.04. The state board of career colleges and schools	51753
may appoint an executive director and such other staff as may be	51754
required for the performance of the board's duties and provide	51755
necessary facilities. In selecting an executive director, the	51756
board shall appoint an individual with a background or experience	51757
in the regulation of commerce, business, or education. The board	51758
may also arrange for services and facilities to be provided by the	51759
state board of education and the Ohio board of regents. All	51760
receipts of the board shall be deposited in the ~~career colleges~~	51761
~~and schools operating fund, which is hereby created in the~~ state	51762
treasury~~. Moneys in the fund shall be used solely for the~~	51763
~~administration and enforcement of Chapter 3332. of the Revised~~	51764
~~Code. All investment earnings on the fund shall be credited to the~~	51765
to the credit of the occupational licensing and regulatory fund.	51766

Section 3.05. That the version of section 3332.04 of the	51767
Revised Code that is scheduled to take effect on July 1, 2003, is	51768
hereby repealed.	51769

Section 3.06. Sections 3.04 and 3.05 of this act take effect	51770
July 1, 2003.	51771

Section 3.06A. That the version of section 2305.234 of the	51772
Revised Code that is scheduled to take effect January 1, 2004, be	51773
amended to read as follows:	51774

Sec. 2305.234. (A) As used in this section:

51775

(1) "Chiropractic claim," "medical claim," and "optometric	51776
claim" have the same meanings as in section 2305.113 of the	51777
Revised Code.	51778

(2) "Dental claim" has the same meaning as in section	51779
2305.113 of the Revised Code, except that it does not include any	51780
claim arising out of a dental operation or any derivative claim	51781
for relief that arises out of a dental operation.	51782

(3) "Governmental health care program" has the same meaning	51783
as in section 4731.65 of the Revised Code.	51784

(4) "Health care professional" means any of the following who	51785
provide medical, dental, or other health-related diagnosis, care,	51786
or treatment:	51787

(a) Physicians authorized under Chapter 4731. of the Revised	51788
Code to practice medicine and surgery or osteopathic medicine and	51789
surgery;	51790

(b) Registered nurses, advanced practice nurses, and licensed	51791
practical nurses licensed under Chapter 4723. of the Revised Code;	51792

(c) Physician assistants authorized to practice under Chapter	51793
4730. of the Revised Code;	51794

(d) Dentists and dental hygienists licensed under Chapter	51795
4715. of the Revised Code;	51796

(e) Physical therapists licensed under Chapter 4755. of the	51797
Revised Code;	51798

(f) Chiropractors licensed under Chapter 4734. of the Revised	51799
Code;	51800

(g) Optometrists licensed under Chapter 4725. of the Revised	51801
Code;	51802

(h) Podiatrists authorized under Chapter 4731. of the Revised	51803
Code to practice podiatry;	51804

(i) Dietitians licensed under Chapter 4759. of the Revised	51805
Code;	51806

(j) Pharmacists licensed under Chapter 4729. of the Revised	51807
Code;	51808

(k) Emergency medical technicians-basic, emergency medical	51809
technicians-intermediate, and emergency medical	51810
technicians-paramedic, certified under Chapter 4765. of the	51811
Revised Code.	51812

(5) "Health care worker" means a person other than a health	51813
care professional who provides medical, dental, or other	51814
health-related care or treatment under the direction of a health	51815
care professional with the authority to direct that individual's	51816
activities, including medical technicians, medical assistants,	51817
dental assistants, orderlies, aides, and individuals acting in	51818
similar capacities.	51819

(6) "Indigent and uninsured person" means a person who meets	51820
all of the following requirements:	51821

(a) The person's income is not greater than one hundred fifty	51822
per cent of the current poverty line as defined by the United	51823
States office of management and budget and revised in accordance	51824
with section 673(2) of the "Omnibus Budget Reconciliation Act of	51825
1981," 95 Stat. 511, 42 U.S.C. 9902, as amended.	51826

(b) The person is not eligible to receive medical assistance	51827
under Chapter 5111., disability ~~assistance~~ medical assistance	51828
under Chapter 5115. of the Revised Code, or assistance under any	51829
other governmental health care program.	51830

51831

(i) The person is not a policyholder, certificate holder,	51832
insured, contract holder, subscriber, enrollee, member,	51833
beneficiary, or other covered individual under a health insurance	51834
or health care policy, contract, or plan.	51835

(ii) The person is a policyholder, certificate holder,	51836
insured, contract holder, subscriber, enrollee, member,	51837
beneficiary, or other covered individual under a health insurance	51838
or health care policy, contract, or plan, but the insurer, policy,	51839
contract, or plan denies coverage or is the subject of insolvency	51840
or bankruptcy proceedings in any jurisdiction.	51841

(7) "Operation" means any procedure that involves cutting or	51842
otherwise infiltrating human tissue by mechanical means, including	51843
surgery, laser surgery, ionizing radiation, therapeutic	51844
ultrasound, or the removal of intraocular foreign bodies.	51845
"Operation" does not include the administration of medication by	51846
injection, unless the injection is administered in conjunction	51847
with a procedure infiltrating human tissue by mechanical means	51848
other than the administration of medicine by injection.	51849

(8) "Nonprofit shelter or health care facility" means a	51850
charitable nonprofit corporation organized and operated pursuant	51851
to Chapter 1702. of the Revised Code, or any charitable	51852
organization not organized and not operated for profit, that	51853
provides shelter, health care services, or shelter and health care	51854
services to indigent and uninsured persons, except that "shelter	51855
or health care facility" does not include a hospital as defined in	51856
section 3727.01 of the Revised Code, a facility licensed under	51857
Chapter 3721. of the Revised Code, or a medical facility that is	51858
operated for profit.	51859

(9) "Tort action" means a civil action for damages for	51860
injury, death, or loss to person or property other than a civil	51861
action for damages for a breach of contract or another agreement	51862
between persons or government entities.	51863

(10) "Volunteer" means an individual who provides any	51864
medical, dental, or other health-care related diagnosis, care, or	51865
treatment without the expectation of receiving and without receipt	51866
of any compensation or other form of remuneration from an indigent	51867
and uninsured person, another person on behalf of an indigent and	51868
uninsured person, any shelter or health care facility, or any	51869
other person or government entity.	51870

(11) "Community control sanction" has the same meaning as in	51871
section 2929.01 of the Revised Code.	51872

(B)(1) Subject to divisions (E) and (F)(3) of this section, a	51873
health care professional who is a volunteer and complies with	51874
division (B)(2) of this section is not liable in damages to any	51875
person or government entity in a tort or other civil action,	51876
including an action on a medical, dental, chiropractic,	51877
optometric, or other health-related claim, for injury, death, or	51878
loss to person or property that allegedly arises from an action or	51879
omission of the volunteer in the provision at a nonprofit shelter	51880
or health care facility to an indigent and uninsured person of	51881
medical, dental, or other health-related diagnosis, care, or	51882
treatment, including the provision of samples of medicine and	51883
other medical products, unless the action or omission constitutes	51884
willful or wanton misconduct.	51885

(2) To qualify for the immunity described in division (B)(1)	51886
of this section, a health care professional shall do all of the	51887
following prior to providing diagnosis, care, or treatment:	51888

(a) Determine, in good faith, that the indigent and uninsured	51889
person is mentally capable of giving informed consent to the	51890
provision of the diagnosis, care, or treatment and is not subject	51891
to duress or under undue influence;	51892

(b) Inform the person of the provisions of this section;

51893

(c) Obtain the informed consent of the person and a written	51894
waiver, signed by the person or by another individual on behalf of	51895
and in the presence of the person, that states that the person is	51896
mentally competent to give informed consent and, without being	51897
subject to duress or under undue influence, gives informed consent	51898
to the provision of the diagnosis, care, or treatment subject to	51899
the provisions of this section.	51900

(3) A physician or podiatrist who is not covered by medical	51901
malpractice insurance, but complies with division (B)(2) of this	51902
section, is not required to comply with division (A) of section	51903
4731.143 of the Revised Code.	51904

(C) Subject to divisions (E) and (F)(3) of this section,	51905
health care workers who are volunteers are not liable in damages	51906
to any person or government entity in a tort or other civil	51907
action, including an action upon a medical, dental, chiropractic,	51908
optometric, or other health-related claim, for injury, death, or	51909
loss to person or property that allegedly arises from an action or	51910
omission of the health care worker in the provision at a nonprofit	51911
shelter or health care facility to an indigent and uninsured	51912
person of medical, dental, or other health-related diagnosis,	51913
care, or treatment, unless the action or omission constitutes	51914
willful or wanton misconduct.	51915

(D) Subject to divisions (E) and (F)(3) of this section and	51916
section 3701.071 of the Revised Code, a nonprofit shelter or	51917
health care facility associated with a health care professional	51918
described in division (B)(1) of this section or a health care	51919
worker described in division (C) of this section is not liable in	51920
damages to any person or government entity in a tort or other	51921
civil action, including an action on a medical, dental,	51922
chiropractic, optometric, or other health-related claim, for	51923
injury, death, or loss to person or property that allegedly arises	51924
from an action or omission of the health care professional or	51925
worker in providing for the shelter or facility medical, dental,	51926
or other health-related diagnosis, care, or treatment to an	51927
indigent and uninsured person, unless the action or omission	51928
constitutes willful or wanton misconduct.	51929

(E)(1) Except as provided in division (E)(2) of this section,	51930
the immunities provided by divisions (B), (C), and (D) of this	51931
section are not available to an individual or to a nonprofit	51932
shelter or health care facility if, at the time of an alleged	51933
injury, death, or loss to person or property, the individuals	51934
involved are providing one of the following:	51935

(a) Any medical, dental, or other health-related diagnosis,	51936
care, or treatment pursuant to a community service work order	51937
entered by a court under division (B) of section 2951.02 of the	51938
Revised Code or imposed by a court as a community control	51939
sanction;	51940

(b) Performance of an operation;

51941

51942

(2) Division (E)(1) of this section does not apply to an	51943
individual who provides, or a nonprofit shelter or health care	51944
facility at which the individual provides, diagnosis, care, or	51945
treatment that is necessary to preserve the life of a person in a	51946
medical emergency.	51947

(F)(1) This section does not create a new cause of action or	51948
substantive legal right against a health care professional, health	51949
care worker, or nonprofit shelter or health care facility.	51950

(2) This section does not affect any immunities from civil	51951
liability or defenses established by another section of the	51952
Revised Code or available at common law to which an individual or	51953
a nonprofit shelter or health care facility may be entitled in	51954
connection with the provision of emergency or other diagnosis,	51955
care, or treatment.	51956

(3) This section does not grant an immunity from tort or	51957
other civil liability to an individual or a nonprofit shelter or	51958
health care facility for actions that are outside the scope of	51959
authority of health care professionals or health care workers.	51960

(4) This section does not affect any legal responsibility of	51961
a health care professional or health care worker to comply with	51962
any applicable law of this state or rule of an agency of this	51963
state.	51964

(5) This section does not affect any legal responsibility of	51965
a nonprofit shelter or health care facility to comply with any	51966
applicable law of this state, rule of an agency of this state, or	51967
local code, ordinance, or regulation that pertains to or regulates	51968
building, housing, air pollution, water pollution, sanitation,	51969
health, fire, zoning, or safety.	51970

Section 3.06B. That the existing version of section 2305.234	51971
of the Revised Code that is scheduled to take effect January 1,	51972
2004, is hereby repealed.	51973

Section 3.06C. Sections 3.06A and 3.06B of this act take	51974
effect January 1, 2004.	51975

Section 3.06D. That the version of section 3734.44 of the	51976
Revised Code that is scheduled to take effect January 1, 2004, be	51977
amended to read as follows:	51978

Sec. 3734.44. Notwithstanding the provisions of any law to	51979
the contrary, no permit or license shall be issued or renewed by	51980
the director of environmental protection~~, the hazardous waste~~	51981
~~facility board,~~ or a board of health:	51982

(A) Unless the director~~, the hazardous waste facility board,~~	51983
or the board of health finds that the applicant, in any prior	51984
performance record in the transportation, transfer, treatment,	51985
storage, or disposal of solid wastes, infectious wastes, or	51986
hazardous waste, has exhibited sufficient reliability, expertise,	51987
and competency to operate the solid waste, infectious waste, or	51988
hazardous waste facility, given the potential for harm to human	51989
health and the environment that could result from the	51990
irresponsible operation of the facility, or, if no prior record	51991
exists, that the applicant is likely to exhibit that reliability,	51992
expertise, and competence;	51993

(B) If any individual or business concern required to be	51994
listed in the disclosure statement or shown to have a beneficial	51995
interest in the business of the applicant or the permittee, other	51996
than an equity interest or debt liability, by the investigation	51997
thereof, has been convicted of any of the following crimes under	51998
the laws of this state or equivalent laws of any other	51999
jurisdiction:	52000

(1) Murder;

52001

(2) Kidnapping;

52002

(3) Gambling;

52003

(4) Robbery;

52004

(5) Bribery;

52005

(6) Extortion;

52006

(7) Criminal usury;

52007

(8) Arson;

52008

(9) Burglary;

52009

(10) Theft and related crimes;

52010

(11) Forgery and fraudulent practices;

52011

(12) Fraud in the offering, sale, or purchase of securities;

52012

(13) Alteration of motor vehicle identification numbers;

52013

(14) Unlawful manufacture, purchase, use, or transfer of	52014
firearms;	52015

(15) Unlawful possession or use of destructive devices or	52016
explosives;	52017

(16) A violation of section 2925.03, 2925.04, 2925.05,	52018
2925.06, 2925.11, 2925.32, or 2925.37 or Chapter 3719. of the	52019
Revised Code, unless the violation is for possession of less than	52020
one hundred grams of marihuana, less than five grams of marihuana	52021
resin or extraction or preparation of marihuana resin, or less	52022
than one gram of marihuana resin in a liquid concentrate, liquid	52023
extract, or liquid distillate form;	52024

(17) Engaging in a pattern of corrupt activity under section	52025
2923.32 of the Revised Code;	52026

(18) A violation of the criminal provisions of Chapter 1331.	52027
of the Revised Code;	52028

(19) Any violation of the criminal provisions of any federal	52029
or state environmental protection laws, rules, or regulations that	52030
is committed knowingly or recklessly, as defined in section	52031
2901.22 of the Revised Code;	52032

(20) A violation of any provision of Chapter 2909. of the	52033
Revised Code;	52034

(21) Any offense specified in Chapter 2921. of the Revised	52035
Code.	52036

(C) Notwithstanding division (B) of this section, no	52037
applicant shall be denied the issuance or renewal of a permit or	52038
license on the basis of a conviction of any individual or business	52039
concern required to be listed in the disclosure statement or shown	52040
to have a beneficial interest in the business of the applicant or	52041
the permittee, other than an equity interest or debt liability, by	52042
the investigation thereof for any of the offenses enumerated in	52043
that division as disqualification criteria if that applicant has	52044
affirmatively demonstrated rehabilitation of the individual or	52045
business concern by a preponderance of the evidence. If any such	52046
individual was convicted of any of the offenses so enumerated that	52047
are felonies, a permit shall be denied unless five years have	52048
elapsed since the individual was fully discharged from	52049
imprisonment and parole for the offense, from a community control	52050
sanction imposed under section 2929.15 of the Revised Code, from a	52051
post-release control sanction imposed under section 2967.28 of the	52052
Revised Code for the offense, or imprisonment, probation, and	52053
parole for an offense that was committed prior to July 1, 1996. In	52054
determining whether an applicant has affirmatively demonstrated	52055
rehabilitation, the director~~, the hazardous waste facility board,~~	52056
or the board of health shall request a recommendation on the	52057
matter from the attorney general and shall consider and base the	52058
determination on the following factors:	52059

(1) The nature and responsibilities of the position a	52060
convicted individual would hold;	52061

(2) The nature and seriousness of the offense;

52062

(3) The circumstances under which the offense occurred;

52063

(4) The date of the offense;

52064

(5) The age of the individual when the offense was committed;

52065

(6) Whether the offense was an isolated or repeated incident;

52066

(7) Any social conditions that may have contributed to the	52067
offense;	52068

(8) Any evidence of rehabilitation, including good conduct in	52069
prison or in the community, counseling or psychiatric treatment	52070
received, acquisition of additional academic or vocational	52071
schooling, successful participation in correctional work release	52072
programs, or the recommendation of persons who have or have had	52073
the applicant under their supervision;	52074

(9) In the instance of an applicant that is a business	52075
concern, rehabilitation shall be established if the applicant has	52076
implemented formal management controls to minimize and prevent the	52077
occurrence of violations and activities that will or may result in	52078
permit or license denial or revocation or if the applicant has	52079
formalized those controls as a result of a revocation or denial of	52080
a permit or license. Those controls may include, but are not	52081
limited to, instituting environmental auditing programs to help	52082
ensure the adequacy of internal systems to achieve, maintain, and	52083
monitor compliance with applicable environmental laws and	52084
standards or instituting an antitrust compliance auditing program	52085
to help ensure full compliance with applicable antitrust laws. The	52086
business concern shall prove by a preponderance of the evidence	52087
that the management controls are effective in preventing the	52088
violations that are the subject of concern.	52089

(D) Unless the director~~, the hazardous waste facility board,~~	52090
or the board of health finds that the applicant has a history of	52091
compliance with environmental laws in this state and other	52092
jurisdictions and is presently in substantial compliance with, or	52093
on a legally enforceable schedule that will result in compliance	52094
with, environmental laws in this state and other jurisdictions;	52095

(E) With respect to the approval of a permit, if the director	52096
~~or the hazardous waste facility board~~ determines that current	52097
prosecutions or pending charges in any jurisdiction for any of the	52098
offenses enumerated in division (B) of this section against any	52099
individual or business concern required to be listed in the	52100
disclosure statement or shown by the investigation to have a	52101
beneficial interest in the business of the applicant other than an	52102
equity interest or debt liability are of such magnitude that they	52103
prevent making the finding required under division (A) of this	52104
section, provided that at the request of the applicant or the	52105
individual or business concern charged, the director ~~or the~~	52106
~~hazardous waste facility board~~ shall defer decision upon the	52107
application during the pendency of the charge.	52108

Section 3.06E. That the existing version of section 3734.44	52109
of the Revised Code that is scheduled to take effect on January 1,	52110
2004, is hereby repealed.	52111

Section 3.06F. Sections 3.06D and 3.06E of this act take	52112
effect January 1, 2004.	52113

Section 3.07. That the versions of sections 4503.234,	52114
4511.191, and 4511.75 of the Revised Code that are scheduled to	52115
take effect January 1, 2004, be amended to read as follows:	52116

Sec. 4503.234. (A) If a court is required by section	52117
4503.233, 4503.236, 4510.11, 4510.14, 4510.16, 4510.41, 4511.19,	52118
4511.193, or 4511.203 of the Revised Code to order the criminal	52119
forfeiture of a vehicle, the order shall be issued and enforced in	52120
accordance with this division, subject to division (B) of this	52121
section. An order of criminal forfeiture issued under this	52122
division shall authorize an appropriate law enforcement agency to	52123
seize the vehicle ordered criminally forfeited upon the terms and	52124
conditions that the court determines proper. No vehicle ordered	52125
criminally forfeited pursuant to this division shall be considered	52126
contraband for purposes of section 2933.41, 2933.42, or 2933.43 of	52127
the Revised Code, but the law enforcement agency that employs the	52128
officer who seized it shall hold the vehicle for disposal in	52129
accordance with this section. A forfeiture order may be issued	52130
only after the offender has been provided with an opportunity to	52131
be heard. The prosecuting attorney shall give the offender written	52132
notice of the possibility of forfeiture by sending a copy of the	52133
relevant uniform traffic ticket or other written notice to the	52134
offender not less than seven days prior to the date of issuance of	52135
the forfeiture order. A vehicle is subject to an order of criminal	52136
forfeiture pursuant to this division upon the conviction of the	52137
offender of or plea of guilty by the offender to a violation of	52138
division (A) of section 4503.236, section 4510.11, 4510.14,	52139
4510.16, or 4511.203, or division (A) of section 4511.19 of the	52140
Revised Code, or a municipal ordinance that is substantially	52141
equivalent to any of those sections or divisions.	52142

(B)(1) Prior to the issuance of an order of criminal	52143
forfeiture pursuant to this section, the law enforcement agency	52144
that employs the law enforcement officer who seized the vehicle	52145
shall conduct or cause to be conducted a search of the appropriate	52146
public records that relate to the vehicle and shall make or cause	52147
to be made reasonably diligent inquiries to identify any	52148
lienholder or any person or entity with an ownership interest in	52149
the vehicle. The court that is to issue the forfeiture order also	52150
shall cause a notice of the potential order relative to the	52151
vehicle and of the expected manner of disposition of the vehicle	52152
after its forfeiture to be sent to any lienholder or person who is	52153
known to the court to have any right, title, or interest in the	52154
vehicle. The court shall give the notice by certified mail, return	52155
receipt requested, or by personal service.	52156

(2) No order of criminal forfeiture shall be issued pursuant	52157
to this section if a lienholder or other person with an ownership	52158
interest in the vehicle establishes to the court, by a	52159
preponderance of the evidence after filing a motion with the	52160
court, that the lienholder or other person neither knew nor should	52161
have known after a reasonable inquiry that the vehicle would be	52162
used or involved, or likely would be used or involved, in the	52163
violation resulting in the issuance of the order of criminal	52164
forfeiture or the violation of the order of immobilization issued	52165
under section 4503.233 of the Revised Code, that the lienholder or	52166
other person did not expressly or impliedly consent to the use or	52167
involvement of the vehicle in that violation, and that the lien or	52168
ownership interest was perfected pursuant to law prior to the	52169
seizure of the vehicle under section 4503.236, 4510.41, 4511.195,	52170
or 4511.203 of the Revised Code. If the lienholder or holder of	52171
the ownership interest satisfies the court that these criteria	52172
have been met, the court shall preserve the lienholder's or other	52173
person's lien or interest, and the court either shall return the	52174
vehicle to the holder, or shall order that the proceeds of any	52175
sale held pursuant to division (C)(2) of this section be paid to	52176
the lienholder or holder of the interest less the costs of	52177
seizure, storage, and maintenance of the vehicle. The court shall	52178
not return a vehicle to a lienholder or a holder of an ownership	52179
interest unless the lienholder or holder submits an affidavit to	52180
the court that states that the lienholder or holder will not	52181
return the vehicle to the person from whom the vehicle was seized	52182
pursuant to the order of criminal forfeiture or to any member of	52183
that person's family and will not otherwise knowingly permit that	52184
person or any member of that person's family to obtain possession	52185
of the vehicle.	52186

(3) No order of criminal forfeiture shall be issued pursuant	52187
to this section if a person with an interest in the vehicle	52188
establishes to the court, by a preponderance of the evidence after	52189
filing a motion with the court, that the person neither knew nor	52190
should have known after a reasonable inquiry that the vehicle had	52191
been used or was involved in the violation resulting in the	52192
issuance of the order of criminal forfeiture or the violation of	52193
the order of immobilization issued under section 4503.233 of the	52194
Revised Code, that the person did not expressly or impliedly	52195
consent to the use or involvement of the vehicle in that	52196
violation, that the interest was perfected in good faith and for	52197
value pursuant to law between the time of the arrest of the	52198
offender and the final disposition of the criminal charge in	52199
question, and that the vehicle was in the possession of the	52200
interest holder at the time of the perfection of the interest. If	52201
the court is satisfied that the interest holder has met these	52202
criteria, the court shall preserve the interest holder's interest,	52203
and the court either shall return the vehicle to the interest	52204
holder or order that the proceeds of any sale held pursuant to	52205
division (C) of this section be paid to the holder of the interest	52206
less the costs of seizure, storage, and maintenance of the	52207
vehicle. The court shall not return a vehicle to an interest	52208
holder unless the holder submits an affidavit to the court stating	52209
that the holder will not return the vehicle to the person from	52210
whom the holder acquired the holder's interest, nor to any member	52211
of that person's family, and the holder will not otherwise	52212
knowingly permit that person or any member of that person's family	52213
to obtain possession of the vehicle.	52214

(C) A vehicle ordered criminally forfeited to the state	52215
pursuant to this section shall be disposed of as follows:	52216

(1) It shall be given to the law enforcement agency that	52217
employs the law enforcement officer who seized the vehicle, if	52218
that agency desires to have it;	52219

(2) If a vehicle is not disposed of pursuant to division	52220
(C)(1) of this section, the vehicle shall be sold, without	52221
appraisal, if the value of the vehicle is two thousand dollars or	52222
more as determined by publications of the national auto dealer's	52223
association, at a public auction to the highest bidder for cash.	52224
Prior to the sale, the prosecuting attorney in the case shall	52225
cause a notice of the proposed sale to be given in accordance with	52226
law. The court shall cause notice of the sale of the vehicle to be	52227
published in a newspaper of general circulation in the county in	52228
which the court is located at least seven days prior to the date	52229
of the sale. The proceeds of a sale under this division or	52230
division (F) of this section shall be applied in the following	52231
order:	52232

(a) First, they shall be applied to the payment of the costs	52233
incurred in connection with the seizure, storage, and maintenance	52234
of, and provision of security for, the vehicle, any proceeding	52235
arising out of the forfeiture, and if any, the sale.	52236

(b) Second, the remaining proceeds after compliance with	52237
division (C)(2)(a) of this section, shall be applied to the	52238
payment of the value of any lien or ownership interest in the	52239
vehicle preserved under division (B) of this section.	52240

(c) Third, the remaining proceeds, after compliance with	52241
divisions (C)(2)(a) and (b) of this section, shall be applied to	52242
the appropriate funds in accordance with divisions (D)(1)(c) and	52243
(2) of section 2933.43 of the Revised Code, provided that the	52244
total of the amount so deposited under this division shall not	52245
exceed one thousand dollars. The remaining proceeds deposited	52246
under this division shall be used only for the purposes authorized	52247
by those divisions and division (D)(3)(a)(ii) of that section.	52248

(d) Fourth, the remaining proceeds after compliance with	52249
divisions (C)(2)(a) and (b) of this section and after deposit of a	52250
total amount of one thousand dollars under division (C)(2)(c) of	52251
this section shall be applied so that ~~fifty~~seventy-five per cent	52252
of those remaining proceeds is paid into the reparation fund	52253
established by section 2743.191 of the Revised Code~~, twenty-five~~	52254
~~per cent is paid into the drug abuse resistance education programs~~	52255
~~fund created by division (F)(2)(e) of section 4511.191 of the~~	52256
~~Revised Code and shall be used only for the purposes authorized by~~	52257
~~division (F)(2)(e) of that section,~~ and twenty-five per cent is	52258
applied to the appropriate funds in accordance with division	52259
(D)(1)(c) of section 2933.43 of the Revised Code. The proceeds	52260
deposited into any fund described in section 2933.43 of the	52261
Revised Code shall be used only for the purposes authorized by	52262
division (D)(1)(c), (2), and (3)(a)(ii) of that section.	52263

(D) Except as provided in division (E) of section 4511.203 of	52264
the Revised Code and notwithstanding any other provision of law,	52265
neither the registrar of motor vehicles nor any deputy registrar	52266
shall accept an application for the registration of any motor	52267
vehicle in the name of any person, or register any motor vehicle	52268
in the name of any person, if both of the following apply:	52269

(1) Any vehicle registered in the person's name was	52270
criminally forfeited under this section and section 4503.233,	52271
4503.236, 4510.10, 4510.11, 4510.14, 4510.16, 4510.161, 4510.41,	52272
4511.19, 4511.193, or 4511.203 of the Revised Code;	52273

(2) Less than five years have expired since the issuance of	52274
the most recent order of criminal forfeiture issued in relation to	52275
a vehicle registered in the person's name.	52276

(E) If a court is required by section 4503.233, 4503.236,	52277
4510.10, 4510.11, 4510.14, 4510.16, 4510.161, 4510.41, 4511.19,	52278
4511.193, or 4511.203 of the Revised Code to order the criminal	52279
forfeiture to the state of a vehicle, and the title to the motor	52280
vehicle is assigned or transferred, and division (B)(2) or (3) of	52281
this section applies, in addition to or independent of any other	52282
penalty established by law, the court may fine the offender the	52283
value of the vehicle as determined by publications of the national	52284
auto dealer's association. The proceeds from any fine imposed	52285
under this division shall be distributed in accordance with	52286
division (C)(2) of this section.	52287

(F) As used in this section and divisions (D)(1)(c), (D)(2),	52288
and (D)(3)(a)(ii) of section 2933.43 of the Revised Code in	52289
relation to proceeds of the sale of a vehicle under division (C)	52290
of this section, "prosecuting attorney" includes the prosecuting	52291
attorney, village solicitor, city director of law, or similar	52292
chief legal officer of a municipal corporation who prosecutes the	52293
case resulting in the conviction or guilty plea in question.	52294

(G) If the vehicle to be forfeited has an average retail	52295
value of less than two thousand dollars as determined by	52296
publications of the national auto dealer's association, no public	52297
auction is required to be held. In such a case, the court may	52298
direct that the vehicle be disposed of in any manner that it	52299
considers appropriate, including assignment of the certificate of	52300
title to the motor vehicle to a salvage dealer or a scrap metal	52301
processing facility. The court shall not transfer the vehicle to	52302
the person who is the vehicle's immediate previous owner.	52303

If the court assigns the motor vehicle to a salvage dealer or	52304
scrap metal processing facility and the court is in possession of	52305
the certificate of title to the motor vehicle, it shall send the	52306
assigned certificate of title to the motor vehicle to the clerk of	52307
the court of common pleas of the county in which the salvage	52308
dealer or scrap metal processing facility is located. The court	52309
shall mark the face of the certificate of title with the words	52310
"FOR DESTRUCTION" and shall deliver a photocopy of the certificate	52311
of title to the salvage dealer or scrap metal processing facility	52312
for its records.	52313

If the court is not in possession of the certificate of title	52314
to the motor vehicle, the court shall issue an order transferring	52315
ownership of the motor vehicle to a salvage dealer or scrap metal	52316
processing facility, send the order to the clerk of the court of	52317
common pleas of the county in which the salvage dealer or scrap	52318
metal processing facility is located, and send a photocopy of the	52319
order to the salvage dealer or scrap metal processing facility for	52320
its records. The clerk shall make the proper notations or entries	52321
in the clerk's records concerning the disposition of the motor	52322
vehicle.	52323

Sec. 4511.191. (A)(1) "Physical control" has the same	52324
meaning as in section 4511.194 of the Revised Code.	52325

(2) Any person who operates a vehicle, streetcar, or	52326
trackless trolley upon a highway or any public or private property	52327
used by the public for vehicular travel or parking within this	52328
state or who is in physical control of a vehicle, streetcar, or	52329
trackless trolley shall be deemed to have given consent to a	52330
chemical test or tests of the person's whole blood, blood serum or	52331
plasma, breath, or urine to determine the alcohol, drug, or	52332
alcohol and drug content of the person's whole blood, blood serum	52333
or plasma, breath, or urine if arrested for a violation of	52334
division (A) or (B) of section 4511.19 of the Revised Code,	52335
section 4511.194 of the Revised Code, or a municipal OVI	52336
ordinance.	52337

(3) The chemical test or tests under division (A)(2) of this	52338
section shall be administered at the request of a law enforcement	52339
officer having reasonable grounds to believe the person was	52340
operating or in physical control of a vehicle, streetcar, or	52341
trackless trolley in violation of a division, section, or	52342
ordinance identified in division (A)(2) of this section. The law	52343
enforcement agency by which the officer is employed shall	52344
designate which of the tests shall be administered.	52345

(4) Any person who is dead or unconscious, or who otherwise	52346
is in a condition rendering the person incapable of refusal, shall	52347
be deemed to have consented as provided in division (A)(2) of this	52348
section, and the test or tests may be administered, subject to	52349
sections 313.12 to 313.16 of the Revised Code.	52350

(B)(1) Upon receipt of the sworn report of a law enforcement	52351
officer who arrested a person for a violation of division (A) or	52352
(B) of section 4511.19 of the Revised Code, section 4511.194 of	52353
the Revised Code, or a municipal OVI ordinance that was completed	52354
and sent to the registrar and a court pursuant to section 4511.192	52355
of the Revised Code in regard to a person who refused to take the	52356
designated chemical test, the registrar shall enter into the	52357
registrar's records the fact that the person's driver's or	52358
commercial driver's license or permit or nonresident operating	52359
privilege was suspended by the arresting officer under this	52360
division and that section and the period of the suspension, as	52361
determined under this section. The suspension shall be subject to	52362
appeal as provided in section 4511.197 of the Revised Code. The	52363
suspension shall be for whichever of the following periods	52364
applies:	52365

(a) Except when division (B)(1)(b), (c), or (d) of this	52366
section applies and specifies a different class or length of	52367
suspension, the suspension shall be a class C suspension for the	52368
period of time specified in division (B)(3) of section 4510.02 of	52369
the Revised Code.	52370

(b) If the arrested person, within six years of the date on	52371
which the person refused the request to consent to the chemical	52372
test, had refused one previous request to consent to a chemical	52373
test, the suspension shall be a class B suspension imposed for the	52374
period of time specified in division (B)(2) of section 4510.02 of	52375
the Revised Code.	52376

(c) If the arrested person, within six years of the date on	52377
which the person refused the request to consent to the chemical	52378
test, had refused two previous requests to consent to a chemical	52379
test, the suspension shall be a class A suspension imposed for the	52380
period of time specified in division (B)(1) of section 4510.02 of	52381
the Revised Code.	52382

(d) If the arrested person, within six years of the date on	52383
which the person refused the request to consent to the chemical	52384
test, had refused three or more previous requests to consent to a	52385
chemical test, the suspension shall be for five years.	52386

(2) The registrar shall terminate a suspension of the	52387
driver's or commercial driver's license or permit of a resident or	52388
of the operating privilege of a nonresident, or a denial of a	52389
driver's or commercial driver's license or permit, imposed	52390
pursuant to division (B)(1) of this section upon receipt of notice	52391
that the person has entered a plea of guilty to, or has been	52392
convicted of, operating a vehicle in violation of section 4511.19	52393
of the Revised Code or in violation of a municipal OVI ordinance,	52394
if the offense for which the conviction is had or the plea is	52395
entered arose from the same incident that led to the suspension or	52396
denial.	52397

The registrar shall credit against any judicial suspension of	52398
a person's driver's or commercial driver's license or permit or	52399
nonresident operating privilege imposed pursuant to section	52400
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	52401
Revised Code for a violation of a municipal OVI ordinance, any	52402
time during which the person serves a related suspension imposed	52403
pursuant to division (B)(1) of this section.	52404

(C)(1) Upon receipt of the sworn report of law enforcement	52405
officer who arrested a person for a violation of division (A) or	52406
(B) of section 4511.19 of the Revised Code or a municipal OVI	52407
ordinance that was completed and sent to the registrar and a court	52408
pursuant to section 4511.192 of the Revised Code in regard to a	52409
person whose test results indicate that the person's whole blood,	52410
blood serum or plasma, breath, or urine contained at least the	52411
concentration of alcohol specified in division (A)(2), (3), (4),	52412
or (5) of section 4511.19 of the Revised Code, the registrar shall	52413
enter into the registrar's records the fact that the person's	52414
driver's or commercial driver's license or permit or nonresident	52415
operating privilege was suspended by the arresting officer under	52416
this division and section 4511.192 of the Revised Code and the	52417
period of the suspension, as determined under divisions (F)(1) to	52418
(4) of this section. The suspension shall be subject to appeal as	52419
provided in section 4511.197 of the Revised Code. The suspension	52420
described in this division does not apply to, and shall not be	52421
imposed upon, a person arrested for a violation of section	52422
4511.194 of the Revised Code who submits to a designated chemical	52423
test. The suspension shall be for whichever of the following	52424
periods applies:	52425

(a) Except when division (C)(1)(b), (c), or (d) of this	52426
section applies and specifies a different period, the suspension	52427
shall be a class E suspension imposed for the period of time	52428
specified in division (B)(5) of section 4510.02 of the Revised	52429
Code.	52430

(b) The suspension shall be a class C suspension for the	52431
period of time specified in division (B)(3) of section 4510.02 of	52432
the Revised Code if the person has been convicted of or pleaded	52433
guilty to, within six years of the date the test was conducted,	52434
one violation of division (A) or (B) of section 4511.19 of the	52435
Revised Code or one other equivalent offense.	52436

(c) If, within six years of the date the test was conducted,	52437
the person has been convicted of or pleaded guilty to two	52438
violations of a statute or ordinance described in division	52439
(C)(1)(b) of this section, the suspension shall be a class B	52440
suspension imposed for the period of time specified in division	52441
(B)(2) of section 4510.02 of the Revised Code.	52442

(d) If, within six years of the date the test was conducted,	52443
the person has been convicted of or pleaded guilty to more than	52444
two violations of a statute or ordinance described in division	52445
(C)(1)(b) of this section, the suspension shall be a class A	52446
suspension imposed for the period of time specified in division	52447
(B)(1) of section 4510.02 of the Revised Code.	52448

(2) The registrar shall terminate a suspension of the	52449
driver's or commercial driver's license or permit of a resident or	52450
of the operating privilege of a nonresident, or a denial of a	52451
driver's or commercial driver's license or permit, imposed	52452
pursuant to division (C)(1) of this section upon receipt of notice	52453
that the person has entered a plea of guilty to, or has been	52454
convicted of, operating a vehicle in violation of section 4511.19	52455
of the Revised Code or in violation of a municipal OVI ordinance,	52456
if the offense for which the conviction is had or the plea is	52457
entered arose from the same incident that led to the suspension or	52458
denial.	52459

The registrar shall credit against any judicial suspension of	52460
a person's driver's or commercial driver's license or permit or	52461
nonresident operating privilege imposed pursuant to section	52462
4511.19 of the Revised Code, or pursuant to section 4510.07 of the	52463
Revised Code for a violation of a municipal OVI ordinance, any	52464
time during which the person serves a related suspension imposed	52465
pursuant to division (C)(1) of this section.	52466

(D)(1) A suspension of a person's driver's or commercial	52467
driver's license or permit or nonresident operating privilege	52468
under this section for the time described in division (B) or (C)	52469
of this section is effective immediately from the time at which	52470
the arresting officer serves the notice of suspension upon the	52471
arrested person. Any subsequent finding that the person is not	52472
guilty of the charge that resulted in the person being requested	52473
to take the chemical test or tests under division (A) of this	52474
section does not affect the suspension.	52475

(2) If a person is arrested for operating a vehicle,	52476
streetcar, or trackless trolley in violation of division (A) or	52477
(B) of section 4511.19 of the Revised Code or a municipal OVI	52478
ordinance, or for being in physical control of a vehicle,	52479
streetcar, or trackless trolley in violation of section 4511.194	52480
of the Revised Code, regardless of whether the person's driver's	52481
or commercial driver's license or permit or nonresident operating	52482
privilege is or is not suspended under division (B) or (C) of this	52483
section or Chapter 4510. of the Revised Code, the person's initial	52484
appearance on the charge resulting from the arrest shall be held	52485
within five days of the person's arrest or the issuance of the	52486
citation to the person, subject to any continuance granted by the	52487
court pursuant to section 4511.197 of the Revised Code regarding	52488
the issues specified in that division.	52489

(E) When it finally has been determined under the procedures	52490
of this section and sections 4511.192 through 4511.197 of the	52491
Revised Code that a nonresident's privilege to operate a vehicle	52492
within this state has been suspended, the registrar shall give	52493
information in writing of the action taken to the motor vehicle	52494
administrator of the state of the person's residence and of any	52495
state in which the person has a license.	52496

(F) At the end of a suspension period under this section,	52497
under section 4511.194, section 4511.196, or division (G) of	52498
section 4511.19 of the Revised Code, or under section 4510.07 of	52499
the Revised Code for a violation of a municipal OVI ordinance and	52500
upon the request of the person whose driver's or commercial	52501
driver's license or permit was suspended and who is not otherwise	52502
subject to suspension, cancellation, or disqualification, the	52503
registrar shall return the driver's or commercial driver's license	52504
or permit to the person upon the occurrence of all of the	52505
conditions specified in divisions (F)(1) and (2) of this section:	52506

(1) A showing that the person has proof of financial	52507
responsibility, a policy of liability insurance in effect that	52508
meets the minimum standards set forth in section 4509.51 of the	52509
Revised Code, or proof, to the satisfaction of the registrar, that	52510
the person is able to respond in damages in an amount at least	52511
equal to the minimum amounts specified in section 4509.51 of the	52512
Revised Code.	52513

(2) Subject to the limitation contained in division (F)(3) of	52514
this section, payment by the person to the bureau of motor	52515
vehicles of a license reinstatement fee of four hundred	52516
twenty-five dollars, which fee shall be deposited in the state	52517
treasury and credited as follows:	52518

(a) One hundred twelve dollars and fifty cents shall be	52519
credited to the statewide treatment and prevention fund created by	52520
section 4301.30 of the Revised Code. The fund shall be used to pay	52521
the costs of driver treatment and intervention programs operated	52522
pursuant to sections 3793.02 and 3793.10 of the Revised Code. The	52523
director of alcohol and drug addiction services shall determine	52524
the share of the fund that is to be allocated to alcohol and drug	52525
addiction programs authorized by section 3793.02 of the Revised	52526
Code, and the share of the fund that is to be allocated to	52527
drivers' intervention programs authorized by section 3793.10 of	52528
the Revised Code.	52529

(b) Seventy-five dollars shall be credited to the reparations	52530
fund created by section 2743.191 of the Revised Code.	52531

(c) Thirty-seven dollars and fifty cents shall be credited to	52532
the indigent drivers alcohol treatment fund, which is hereby	52533
established. Except as otherwise provided in division (F)(2)(c) of	52534
this section, moneys in the fund shall be distributed by the	52535
department of alcohol and drug addiction services to the county	52536
indigent drivers alcohol treatment funds, the county juvenile	52537
indigent drivers alcohol treatment funds, and the municipal	52538
indigent drivers alcohol treatment funds that are required to be	52539
established by counties and municipal corporations pursuant to	52540
this section, and shall be used only to pay the cost of an alcohol	52541
and drug addiction treatment program attended by an offender or	52542
juvenile traffic offender who is ordered to attend an alcohol and	52543
drug addiction treatment program by a county, juvenile, or	52544
municipal court judge and who is determined by the county,	52545
juvenile, or municipal court judge not to have the means to pay	52546
for the person's attendance at the program or to pay the costs	52547
specified in division (H)(4) of this section in accordance with	52548
that division. Moneys in the fund that are not distributed to a	52549
county indigent drivers alcohol treatment fund, a county juvenile	52550
indigent drivers alcohol treatment fund, or a municipal indigent	52551
drivers alcohol treatment fund under division (H) of this section	52552
because the director of alcohol and drug addiction services does	52553
not have the information necessary to identify the county or	52554
municipal corporation where the offender or juvenile offender was	52555
arrested may be transferred by the director of budget and	52556
management to the statewide treatment and prevention fund created	52557
by section 4301.30 of the Revised Code, upon certification of the	52558
amount by the director of alcohol and drug addiction services.	52559

(d) Seventy-five dollars shall be credited to the Ohio	52560
rehabilitation services commission established by section 3304.12	52561
of the Revised Code, to the services for rehabilitation fund,	52562
which is hereby established. The fund shall be used to match	52563
available federal matching funds where appropriate, and for any	52564
other purpose or program of the commission to rehabilitate people	52565
with disabilities to help them become employed and independent.	52566

(e) ~~Seventy-five~~Sixty dollars shall be ~~deposited into the~~	52567
~~state treasury and~~ credited to the ~~drug abuse resistance education~~	52568
public transportation grant programs fund, which is hereby	52569
established, to be used by the ~~attorney general for the purposes~~	52570
~~specified in division (L)(4) of this section~~department of	52571
transportation to match available federal public transportation	52572
funds and for the department's related operating expenses.	52573

(f) Thirty dollars shall be credited to the state bureau of	52574
motor vehicles fund created by section 4501.25 of the Revised	52575
Code.	52576

(g) Twenty dollars shall be credited to the trauma and	52577
emergency medical services grants fund created by section 4513.263	52578
of the Revised Code.	52579

(h) Fifteen dollars shall be credited to the public safety	52580
investigative unit fund, which is hereby established, to be used	52581
by the department of public safety investigative unit for the	52582
enforcement of the laws and rules described in division (B)(1) of	52583
section 5502.14 of the Revised Code.	52584

(3) If a person's driver's or commercial driver's license or	52585
permit is suspended under this section, under section 4511.196 or	52586
division (G) of section 4511.19 of the Revised Code, under section	52587
4510.07 of the Revised Code for a violation of a municipal OVI	52588
ordinance or under any combination of the suspensions described in	52589
division (F)(3) of this section, and if the suspensions arise from	52590
a single incident or a single set of facts and circumstances, the	52591
person is liable for payment of, and shall be required to pay to	52592
the bureau, only one reinstatement fee of four hundred twenty-five	52593
dollars. The reinstatement fee shall be distributed by the bureau	52594
in accordance with division (F)(2) of this section.	52595

~~(4) The attorney general shall use amounts in the drug abuse~~	52596
~~resistance education programs fund to award grants to law~~	52597
~~enforcement agencies to establish and implement drug abuse~~	52598
~~resistance education programs in public schools. Grants awarded to~~	52599
~~a law enforcement agency under this section shall be used by the~~	52600
~~agency to pay for not more than fifty per cent of the amount of~~	52601
~~the salaries of law enforcement officers who conduct drug abuse~~	52602
~~resistance education programs in public schools. The attorney~~	52603
~~general shall not use more than six per cent of the amounts the~~	52604
~~attorney general's office receives under division (F)(2)(e) of~~	52605
~~this section to pay the costs it incurs in administering the grant~~	52606
~~program established by division (F)(2)(e) of this section and in~~	52607
~~providing training and materials relating to drug abuse resistance~~	52608
~~education programs.~~	52609

~~The attorney general shall report to the governor and the~~	52610
~~general assembly each fiscal year on the progress made in~~	52611
~~establishing and implementing drug abuse resistance education~~	52612
~~programs. These reports shall include an evaluation of the~~	52613
~~effectiveness of these programs.~~	52614

(G) Suspension of a commercial driver's license under	52615
division (B) or (C) of this section shall be concurrent with any	52616
period of disqualification under section 3123.611 or 4506.16 of	52617
the Revised Code or any period of suspension under section 3123.58	52618
of the Revised Code. No person who is disqualified for life from	52619
holding a commercial driver's license under section 4506.16 of the	52620
Revised Code shall be issued a driver's license under Chapter	52621
4507. of the Revised Code during the period for which the	52622
commercial driver's license was suspended under division (B) or	52623
(C) of this section. No person whose commercial driver's license	52624
is suspended under division (B) or (C) of this section shall be	52625
issued a driver's license under Chapter 4507. of the Revised Code	52626
during the period of the suspension.	52627

(H)(1) Each county shall establish an indigent drivers	52628
alcohol treatment fund, each county shall establish a juvenile	52629
indigent drivers alcohol treatment fund, and each municipal	52630
corporation in which there is a municipal court shall establish an	52631
indigent drivers alcohol treatment fund. All revenue that the	52632
general assembly appropriates to the indigent drivers alcohol	52633
treatment fund for transfer to a county indigent drivers alcohol	52634
treatment fund, a county juvenile indigent drivers alcohol	52635
treatment fund, or a municipal indigent drivers alcohol treatment	52636
fund, all portions of fees that are paid under division (L) of	52637
this section and that are credited under that division to the	52638
indigent drivers alcohol treatment fund in the state treasury for	52639
a county indigent drivers alcohol treatment fund, a county	52640
juvenile indigent drivers alcohol treatment fund, or a municipal	52641
indigent drivers alcohol treatment fund, and all portions of fines	52642
that are specified for deposit into a county or municipal indigent	52643
drivers alcohol treatment fund by section 4511.193 of the Revised	52644
Code shall be deposited into that county indigent drivers alcohol	52645
treatment fund, county juvenile indigent drivers alcohol treatment	52646
fund, or municipal indigent drivers alcohol treatment fund in	52647
accordance with division (H)(2) of this section. Additionally, all	52648
portions of fines that are paid for a violation of section 4511.19	52649
of the Revised Code or of any prohibition contained in Chapter	52650
4510. of the Revised Code, and that are required under section	52651
4511.19 or any provision of Chapter 4510. of the Revised Code to	52652
be deposited into a county indigent drivers alcohol treatment fund	52653
or municipal indigent drivers alcohol treatment fund shall be	52654
deposited into the appropriate fund in accordance with the	52655
applicable division.	52656

(2) That portion of the license reinstatement fee that is	52657
paid under division (F) of this section and that is credited under	52658
that division to the indigent drivers alcohol treatment fund shall	52659
be deposited into a county indigent drivers alcohol treatment	52660
fund, a county juvenile indigent drivers alcohol treatment fund,	52661
or a municipal indigent drivers alcohol treatment fund as follows:	52662

(a) If the suspension in question was imposed under this	52663
section, that portion of the fee shall be deposited as follows:	52664

(i) If the fee is paid by a person who was charged in a	52665
county court with the violation that resulted in the suspension,	52666
the portion shall be deposited into the county indigent drivers	52667
alcohol treatment fund under the control of that court;	52668

(ii) If the fee is paid by a person who was charged in a	52669
juvenile court with the violation that resulted in the suspension,	52670
the portion shall be deposited into the county juvenile indigent	52671
drivers alcohol treatment fund established in the county served by	52672
the court;	52673

(iii) If the fee is paid by a person who was charged in a	52674
municipal court with the violation that resulted in the	52675
suspension, the portion shall be deposited into the municipal	52676
indigent drivers alcohol treatment fund under the control of that	52677
court.	52678

(b) If the suspension in question was imposed under section	52679
4511.19 of the Revised Code or under section 4510.07 of the	52680
Revised Code for a violation of a municipal OVI ordinance, that	52681
portion of the fee shall be deposited as follows:	52682

(i) If the fee is paid by a person whose license or permit	52683
was suspended by a county court, the portion shall be deposited	52684
into the county indigent drivers alcohol treatment fund under the	52685
control of that court;	52686

(ii) If the fee is paid by a person whose license or permit	52687
was suspended by a municipal court, the portion shall be deposited	52688
into the municipal indigent drivers alcohol treatment fund under	52689
the control of that court.	52690

(3) Expenditures from a county indigent drivers alcohol	52691
treatment fund, a county juvenile indigent drivers alcohol	52692
treatment fund, or a municipal indigent drivers alcohol treatment	52693
fund shall be made only upon the order of a county, juvenile, or	52694
municipal court judge and only for payment of the cost of the	52695
attendance at an alcohol and drug addiction treatment program of a	52696
person who is convicted of, or found to be a juvenile traffic	52697
offender by reason of, a violation of division (A) of section	52698
4511.19 of the Revised Code or a substantially similar municipal	52699
ordinance, who is ordered by the court to attend the alcohol and	52700
drug addiction treatment program, and who is determined by the	52701
court to be unable to pay the cost of attendance at the treatment	52702
program or for payment of the costs specified in division (H)(4)	52703
of this section in accordance with that division. The alcohol and	52704
drug addiction services board or the board of alcohol, drug	52705
addiction, and mental health services established pursuant to	52706
section 340.02 or 340.021 of the Revised Code and serving the	52707
alcohol, drug addiction, and mental health service district in	52708
which the court is located shall administer the indigent drivers	52709
alcohol treatment program of the court. When a court orders an	52710
offender or juvenile traffic offender to attend an alcohol and	52711
drug addiction treatment program, the board shall determine which	52712
program is suitable to meet the needs of the offender or juvenile	52713
traffic offender, and when a suitable program is located and space	52714
is available at the program, the offender or juvenile traffic	52715
offender shall attend the program designated by the board. A	52716
reasonable amount not to exceed five per cent of the amounts	52717
credited to and deposited into the county indigent drivers alcohol	52718
treatment fund, the county juvenile indigent drivers alcohol	52719
treatment fund, or the municipal indigent drivers alcohol	52720
treatment fund serving every court whose program is administered	52721
by that board shall be paid to the board to cover the costs it	52722
incurs in administering those indigent drivers alcohol treatment	52723
programs.	52724

(4) If a county, juvenile, or municipal court determines, in	52725
consultation with the alcohol and drug addiction services board or	52726
the board of alcohol, drug addiction, and mental health services	52727
established pursuant to section 340.02 or 340.021 of the Revised	52728
Code and serving the alcohol, drug addiction, and mental health	52729
district in which the court is located, that the funds in the	52730
county indigent drivers alcohol treatment fund, the county	52731
juvenile indigent drivers alcohol treatment fund, or the municipal	52732
indigent drivers alcohol treatment fund under the control of the	52733
court are more than sufficient to satisfy the purpose for which	52734
the fund was established, as specified in divisions (H)(1) to (3)	52735
of this section, the court may declare a surplus in the fund. If	52736
the court declares a surplus in the fund, the court may expend the	52737
amount of the surplus in the fund for alcohol and drug abuse	52738
assessment and treatment of persons who are charged in the court	52739
with committing a criminal offense or with being a delinquent	52740
child or juvenile traffic offender and in relation to whom both of	52741
the following apply:	52742

(a) The court determines that substance abuse was a	52743
contributing factor leading to the criminal or delinquent activity	52744
or the juvenile traffic offense with which the person is charged.	52745

(b) The court determines that the person is unable to pay the	52746
cost of the alcohol and drug abuse assessment and treatment for	52747
which the surplus money will be used.	52748

Sec. 4511.75. (A) The driver of a vehicle, streetcar, or	52749
trackless trolley upon meeting or overtaking from either direction	52750
any school bus stopped for the purpose of receiving or discharging	52751
any school child, person attending programs offered by community	52752
boards of mental health and county boards of mental retardation	52753
and developmental disabilities, or child attending a program	52754
offered by a head start agency, shall stop at least ten feet from	52755
the front or rear of the school bus and shall not proceed until	52756
such school bus resumes motion, or until signaled by the school	52757
bus driver to proceed.	52758

It is no defense to a charge under this division that the	52759
school bus involved failed to display or be equipped with an	52760
automatically extended stop warning sign as required by division	52761
(B) of this section.	52762

(B) Every school bus shall be equipped with amber and red	52763
visual signals meeting the requirements of section 4511.771 of the	52764
Revised Code, and an automatically extended stop warning sign of a	52765
type approved by the state board of education, which shall be	52766
actuated by the driver of the bus whenever but only whenever the	52767
bus is stopped or stopping on the roadway for the purpose of	52768
receiving or discharging school children, persons attending	52769
programs offered by community boards of mental health and county	52770
boards of mental retardation and developmental disabilities, or	52771
children attending programs offered by head start agencies. A	52772
school bus driver shall not actuate the visual signals or the stop	52773
warning sign in designated school bus loading areas where the bus	52774
is entirely off the roadway or at school buildings when children	52775
or persons attending programs offered by community boards of	52776
mental health and county boards of mental retardation and	52777
developmental disabilities are loading or unloading at curbside or	52778
at buildings when children attending programs offered by head	52779
start agencies are loading or unloading at curbside. The visual	52780
signals and stop warning sign shall be synchronized or otherwise	52781
operated as required by rule of the board.	52782

(C) Where a highway has been divided into four or more	52783
traffic lanes, a driver of a vehicle, streetcar, or trackless	52784
trolley need not stop for a school bus approaching from the	52785
opposite direction which has stopped for the purpose of receiving	52786
or discharging any school child, persons attending programs	52787
offered by community boards of mental health and county boards of	52788
mental retardation and developmental disabilities, or children	52789
attending programs offered by head start agencies. The driver of	52790
any vehicle, streetcar, or trackless trolley overtaking the school	52791
bus shall comply with division (A) of this section.	52792

(D) School buses operating on divided highways or on highways	52793
with four or more traffic lanes shall receive and discharge all	52794
school children, persons attending programs offered by community	52795
boards of mental health and county boards of mental retardation	52796
and developmental disabilities, and children attending programs	52797
offered by head start agencies on their residence side of the	52798
highway.	52799

(E) No school bus driver shall start the driver's bus until	52800
after any child, person attending programs offered by community	52801
boards of mental health and county boards of mental retardation	52802
and developmental disabilities, or child attending a program	52803
offered by a head start agency who may have alighted therefrom has	52804
reached a place of safety on the child's or person's residence	52805
side of the road.	52806

(F)(1) Whoever violates division (A) of this section may be	52807
fined an amount not to exceed five hundred dollars. A person who	52808
is issued a citation for a violation of division (A) of this	52809
section is not permitted to enter a written plea of guilty and	52810
waive the person's right to contest the citation in a trial but	52811
instead must appear in person in the proper court to answer the	52812
charge.	52813

(2) In addition to and independent of any other penalty	52814
provided by law, the court or mayor may impose upon an offender	52815
who violates this section a class seven suspension of the	52816
offender's driver's license, commercial driver's license,	52817
temporary instruction permit, probationary license, or nonresident	52818
operating privilege from the range specified in division (A)(7) of	52819
section 4510.02 of the Revised Code. When a license is suspended	52820
under this section, the court or mayor shall cause the offender to	52821
deliver the license to the court, and the court or clerk of the	52822
court immediately shall forward the license to the registrar of	52823
motor vehicles, together with notice of the court's action.	52824

(G) As used in this section:

52825

(1) "Head start agency" has the same meaning as in ~~division~~	52826
~~(A)(1) of~~ section 3301.31 of the Revised Code.	52827

(2) "School bus," as used in relation to children who attend	52828
a program offered by a head start agency, means a bus that is	52829
owned and operated by a head start agency, is equipped with an	52830
automatically extended stop warning sign of a type approved by the	52831
state board of education, is painted the color and displays the	52832
markings described in section 4511.77 of the Revised Code, and is	52833
equipped with amber and red visual signals meeting the	52834
requirements of section 4511.771 of the Revised Code, irrespective	52835
of whether or not the bus has fifteen or more children aboard at	52836
any time. "School bus" does not include a van owned and operated	52837
by a head start agency, irrespective of its color, lights, or	52838
markings.	52839

Section 3.08. That the existing versions of sections	52840
4503.234, 4511.191, and 4511.75 of the Revised Code that are	52841
scheduled to take effect January 1, 2004, are hereby repealed.	52842

Section 3.09. Sections 3.07 and 3.08 of this act take effect	52843
January 1, 2004.	52844

Section 3.10. Section 4723.063 of the Revised Code is hereby	52845
repealed, effective December 31, 2013.	52846

Section 4. Except as otherwise provided, all appropriation	52847
items (AI) in this act are appropriated out of any moneys in the	52848
state treasury to the credit of the designated fund that are not	52849
otherwise appropriated. For all appropriations made in this act,	52850
the amounts in the first column are for fiscal year 2004 and the	52851
amounts in the second column are for fiscal year 2005.	52852

FND

AI TITLE

APPROPRIATIONS

52853

Section 5. ACC ACCOUNTANCY BOARD OF OHIO

52854

General Services Fund Group

52855

4J8	889-601	CPA Education Assistance	$	209,510	$	209,510	52856
4K9	889-609	Operating Expenses	$	1,010,583	$	1,055,578	52857
TOTAL GSF General Services Fund							52858
Group			$	1,220,093	$	1,265,088	52859
TOTAL ALL BUDGET FUND GROUPS			$	1,220,093	$	1,265,088	52860

Section 6. PAY ACCRUED LEAVE LIABILITY

52862

Accrued Leave Liability Fund Group

52863

806	995-666	Accrued Leave Fund	$	70,783,792	$	78,296,200	52864
807	995-667	Disability Fund	$	47,269,465	$	50,098,308	52865
TOTAL ALF Accrued Leave Liability							52866
Fund Group			$	118,053,257	$	128,394,508	52867

Agency Fund Group

52868

808	995-668	State Employee Health Benefit Fund	$	312,724,593	$	371,450,611	52869
809	995-669	Dependent Care Spending Account	$	3,691,169	$	4,060,286	52870
810	995-670	Life Insurance Investment Fund	$	1,925,110	$	1,992,489	52871
811	995-671	Parental Leave Benefit Fund	$	4,350,302	$	4,785,332	52872
TOTAL AGY Agency Fund Group			$	332,691,174	$	382,288,718	52873

TOTAL ALL BUDGET FUND GROUPS

440,744,431

510,683,226

52874

ACCRUED LEAVE LIABILITY FUND

52875

The foregoing appropriation item 995-666, Accrued Leave Fund,	52876
shall be used to make payments from the Accrued Leave Liability	52877
Fund (Fund 806), pursuant to section 125.211 of the Revised Code.	52878
If it is determined by the Director of Budget and Management that	52879
additional amounts are necessary, the amounts are appropriated.	52880

STATE EMPLOYEE DISABILITY LEAVE BENEFIT FUND

52881

The foregoing appropriation item 995-667, Disability Fund,	52882
shall be used to make payments from the State Employee Disability	52883
Leave Benefit Fund (Fund 807), pursuant to section 124.83 of the	52884
Revised Code. If it is determined by the Director of Budget and	52885
Management that additional amounts are necessary, the amounts are	52886
appropriated.	52887

STATE EMPLOYEE HEALTH BENEFIT FUND

52888

The foregoing appropriation item 995-668, State Employee	52889
Health Benefit Fund, shall be used to make payments from the State	52890
Employee Health Benefit Fund (Fund 808), pursuant to section	52891
124.87 of the Revised Code. If it is determined by the Director of	52892
Budget and Management that additional amounts are necessary, the	52893
amounts are appropriated.	52894

DEPENDENT CARE SPENDING ACCOUNT

52895

The foregoing appropriation item 995-669, Dependent Care	52896
Spending Account, shall be used to make payments from the	52897
Dependent Care Spending Account (Fund 809) to employees eligible	52898
for dependent care expenses. If it is determined by the Director	52899
of Budget and Management that additional amounts are necessary,	52900
the amounts are appropriated.	52901

LIFE INSURANCE INVESTMENT FUND

52902

The foregoing appropriation item 995-670, Life Insurance	52903
Investment Fund, shall be used to make payments from the Life	52904
Insurance Investment Fund (Fund 810) for the costs and expenses of	52905
the state's life insurance benefit program pursuant to section	52906
125.212 of the Revised Code. If it is determined by the Director	52907
of Budget and Management that additional amounts are necessary,	52908
the amounts are appropriated.	52909

PARENTAL LEAVE BENEFIT FUND

52910

The foregoing appropriation item 995-671, Parental Leave	52911
Benefit Fund, shall be used to make payments from the Parental	52912
Leave Benefit Fund (Fund 811) to employees eligible for parental	52913
leave benefits pursuant to section 124.137 of the Revised Code. If	52914
it is determined by the Director of Budget and Management that	52915
additional amounts are necessary, the amounts are appropriated.	52916

Section 7. ADJ ADJUTANT GENERAL

52917

General Revenue Fund

52918

GRF	745-401	Ohio Military Reserve	$	14,889	$	15,188	52919
GRF	745-404	Air National Guard	$	1,915,177	$	1,939,762	52920
GRF	745-409	Central Administration	$	3,976,734	$	3,899,590	52921
GRF	745-499	Army National Guard	$	3,987,516	$	4,086,222	52922
GRF	745-502	Ohio National Guard Unit Fund	$	100,953	$	102,973	52923
TOTAL GRF General Revenue Fund			$	9,995,269	$	10,043,735	52924

General Services Fund Group

52925

534	745-612	Armory Improvements	$	534,304	$	534,304	52926
536	745-620	Camp Perry/Buckeye Inn Operations	$	1,094,970	$	1,094,970	52927
537	745-604	ONG Maintenance	$	219,826	$	219,826	52928
TOTAL GSF General Services Fund Group			$	1,849,100	$	1,849,100	52929

Federal Special Revenue Fund Group

52930

3E8	745-628	Air National Guard Operations and Maintenance Agreement	$	11,901,459	$	12,174,760	52931
3R8	745-603	Counter Drug Operations	$	25,000	$	25,000	52932
3S0	745-602	Higher Ground Training	$	10,937	$	10,937	52933
341	745-615	Air National Guard Base Security	$	2,181,960	$	2,312,877	52934
342	745-616	Army National Guard Service Agreement	$	8,109,221	$	8,686,892	52935
TOTAL FED Federal Special Revenue Fund Group			$	22,228,577	$	23,210,466	52936

State Special Revenue Fund Group

52937

528	745-605		Marksmanship Activities		$	66,078		$	66,078		52938
TOTAL SSR State Special Revenue Fund Group					$	66,078		$	66,078		52939

TOTAL ALL BUDGET FUND GROUPS

34,139,024

35,169,379

52940

Section 8. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES

52942

General Revenue Fund

52943

GRF	100-402	Unemployment Compensation	$	100,000	$	100,000	52944
GRF	100-405	Agency Audit Expenses	$	350,000	$	350,000	52945
GRF	100-406	County & University Human Resources Services	$	400,000	$	400,000	52946
GRF	100-410	Veterans' Records Conversion	$	19,729	$	47,123	52947
GRF	100-417	MARCS	$	900,000	$	900,000	52948
GRF	100-418	Digital Government	$	1,500,000	$	1,500,000	52949
GRF	100-419	Network Security	$	1,000,000	$	1,000,000	52950
GRF	100-421	OAKS Project Implementation	$	450,000	$	450,000	52951
GRF	100-433	State of Ohio Computer Center	$	3,500,000	$	3,500,000	52952
GRF	100-439	Equal Opportunity Certification Programs	$	500,000	$	500,000	52953
GRF	100-447	OBA - Building Rent Payments	$	105,675,000	$	117,027,700	52954
GRF	100-448	OBA - Building Operating Payments	$	25,445,550	$	26,003,250	52955
GRF	100-449	DAS - Building Operating Payments	$	4,264,675	$	4,460,417	52956
GRF	100-451	Minority Affairs	$	50,000	$	50,000	52957
GRF	100-734	Major Maintenance - State Bldgs	$	45,000	$	45,000	52958
GRF	102-321	Construction Compliance	$	1,250,000	$	1,250,000	52959
GRF	130-321	State Agency Support Services	$	1,500,000	$	1,500,000	52960
TOTAL GRF General Revenue Fund			$	146,949,954	$	159,083,490	52961

General Services Fund Group

52962

112	100-616	Director's Office	$	5,503,547	$	5,503,547	52963
115	100-632	Central Service Agency	$	431,176	$	448,574	52964
117	100-644	General Services Division - Operating	$	7,622,861	$	8,653,304	52965
122	100-637	Fleet Management	$	1,669,589	$	1,652,849	52966
125	100-622	Human Resources Division - Operating	$	21,489,800	$	21,764,800	52967
127	100-627	Vehicle Liability Insurance	$	3,363,894	$	3,344,644	52968
128	100-620	Collective Bargaining	$	3,410,952	$	3,410,952	52969
130	100-606	Risk Management Reserve	$	217,904	$	223,904	52970
131	100-639	State Architect's Office	$	6,510,117	$	6,473,867	52971
132	100-631	DAS Building Management	$	10,921,019	$	10,721,430	52972
188	100-649	Equal Opportunity Division - Operating	$	1,082,353	$	1,103,697	52973
201	100-653	General Services Resale Merchandise	$	1,533,000	$	1,553,000	52974
210	100-612	State Printing	$	6,160,200	$	6,674,421	52975
4P3	100-603	Departmental MIS Services	$	6,077,535	$	6,233,638	52976
427	100-602	Investment Recovery	$	4,023,473	$	3,953,216	52977
5C2	100-605	MARCS Administration	$	6,632,527	$	9,268,178	52978
5C3	100-608	Skilled Trades	$	1,840,327	$	1,905,655	52979
5D7	100-621	Workforce Development	$	12,000,000	$	12,000,000	52980
5L7	100-610	Professional Development	$	2,700,000	$	2,700,000	52981
5V6	100-619	Employee Educational Development	$	809,071	$	811,129	52982
TOTAL GSF General Services Fund							52983
Group			$	103,999,345	$	108,400,805	52984

Intragovernmental Service Fund Group

52985

133	100-607	Information Technology Fund	$	100,987,526	$	102,272,838	52986
4N6	100-617	Major IT Purchases	$	15,452,006	$	10,617,166	52987
TOTAL ISF Intragovernmental							52988
Service Fund Group			$	116,439,532	$	112,890,004	52989

Agency Fund Group

52990

113	100-628	Unemployment Compensation Pass Through	$	4,200,000	$	4,200,000	52991
124	100-629	Payroll Deductions	$	1,971,000,000	$	2,050,000,000	52992
TOTAL AGY Agency Fund Group			$	1,975,200,000	$	2,054,200,000	52993

Holding Account Redistribution Fund Group

52994

R08	100-646	General Services Refunds	$	20,000	$	20,000	52995
TOTAL 090 Holding Account							52996
Redistribution Fund Group			$	20,000	$	20,000	52997
TOTAL ALL BUDGET FUND GROUPS			$	2,342,608,831	$	2,434,594,299	52998

Section 8.01. AGENCY AUDIT EXPENSES

53000

The foregoing appropriation item 100-405, Agency Audit	53001
Expenses, shall be used for auditing expenses designated in	53002
division (A)(1) of section 117.13 of the Revised Code for those	53003
state agencies audited on a biennial basis.	53004

Section 8.02. OHIO BUILDING AUTHORITY

53005

The foregoing appropriation item 100-447, OBA - Building Rent	53006
Payments, shall be used to meet all payments at the times they are	53007
required to be made during the period from July 1, 2003, to June	53008
30, 2005, by the Department of Administrative Services to the Ohio	53009
Building Authority pursuant to leases and agreements under Chapter	53010
152. of the Revised Code, but limited to the aggregate amount of	53011
$222,702,700. These appropriations are the source of funds pledged	53012
for bond service charges on obligations issued pursuant to Chapter	53013
152. of the Revised Code.	53014

The foregoing appropriation item 100-448, OBA - Building	53015
Operating Payments, shall be used to meet all payments at the	53016
times that they are required to be made during the period from	53017
July 1, 2003, to June 30, 2005, by the Department of	53018
Administrative Services to the Ohio Building Authority pursuant to	53019
leases and agreements under Chapter 152. of the Revised Code, but	53020
limited to the aggregate amount of $51,448,800.	53021

The payments to the Ohio Building Authority are for the	53022
purpose of paying the expenses of agencies that occupy space in	53023
the various state facilities. The Department of Administrative	53024
Services may enter into leases and agreements with the Ohio	53025
Building Authority providing for the payment of these expenses.	53026
The Ohio Building Authority shall report to the Department of	53027
Administrative Services and the Office of Budget and Management	53028
not later than five months after the start of a fiscal year the	53029
actual expenses incurred by the Ohio Building Authority in	53030
operating the facilities and any balances remaining from payments	53031
and rentals received in the prior fiscal year. The Department of	53032
Administrative Services shall reduce subsequent payments by the	53033
amount of the balance reported to it by the Ohio Building	53034
Authority.	53035

Section 8.03. DAS - BUILDING OPERATING PAYMENTS

53036

The foregoing appropriation item 100-449, DAS - Building	53037
Operating Payments, shall be used to pay the rent expenses of	53038
veterans organizations pursuant to section 123.024 of the Revised	53039
Code in fiscal years 2004 and 2005.	53040

The foregoing appropriation item, 100-449, DAS - Building	53041
Operating Payments, may be used to provide funding for the cost of	53042
property appraisals or building studies that the Department of	53043
Administrative Services may be required to obtain for property	53044
that is being sold by the state or property under consideration to	53045
be renovated or purchased by the state.	53046

Notwithstanding section 125.28 of the Revised Code, the	53047
remaining portion of the appropriation may be used to pay the	53048
operating expenses of state facilities maintained by the	53049
Department of Administrative Services that are not billed to	53050
building tenants. These expenses may include, but are not limited	53051
to, the costs for vacant space and space undergoing renovation,	53052
and the rent expenses of tenants that are relocated due to	53053
building renovations. These payments shall be processed by the	53054
Department of Administrative Services through intrastate transfer	53055
vouchers and placed in the Building Management Fund (Fund 132).	53056

Section 8.04. CENTRAL SERVICE AGENCY FUND

53057

The Director of Budget and Management may transfer up to	53058
$423,200 in fiscal year 2004 and up to $427,700 in fiscal year	53059
2005 from the Occupational Licensing and Regulatory Fund (Fund	53060
4K9) to the Central Service Agency Fund (Fund 115). The Director	53061
of Budget and Management may transfer up to $40,700 in fiscal year	53062
2004 and up to $41,200 in fiscal year 2005 from the State Medical	53063
Board Operating Fund (Fund 5C6) to the Central Service Agency Fund	53064
(Fund 115). The appropriation item 100-632, Central Service	53065
Agency, shall be used to purchase the necessary equipment,	53066
products, and services to maintain a local area network for the	53067
professional licensing boards, and to support their licensing	53068
applications in fiscal years 2004 and 2005. The amount of the cash	53069
transfer is appropriated to appropriation item 100-632, Central	53070
Service Agency.	53071

Section 8.05. COLLECTIVE BARGAINING ARBITRATION EXPENSES

53072

With approval of the Director of Budget and Management, the	53073
Department of Administrative Services may seek reimbursement from	53074
state agencies for the actual costs and expenses the department	53075
incurs in the collective bargaining arbitration process. The	53076
reimbursements shall be processed through intrastate transfer	53077
vouchers and placed in the Collective Bargaining Fund (Fund 128).	53078

Section 8.06. EQUAL OPPORTUNITY PROGRAM

53079

The Department of Administrative Services, with the approval	53080
of the Director of Budget and Management, shall establish charges	53081
for recovering the costs of administering the activities supported	53082
by the State EEO Fund (Fund 188). These charges shall be deposited	53083
to the credit of the State EEO Fund (Fund 188) upon payment made	53084
by state agencies, state-supported or state-assisted institutions	53085
of higher education, and tax-supported agencies, municipal	53086
corporations, and other political subdivisions of the state, for	53087
services rendered.	53088

Section 8.07. MERCHANDISE FOR RESALE

53089

The foregoing appropriation item 100-653, General Services	53090
Resale Merchandise, shall be used to account for merchandise for	53091
resale, which is administered by the General Services Division.	53092
Deposits to the fund may comprise the cost of merchandise for	53093
resale and shipping fees.	53094

Section 8.08. DEPARTMENTAL MIS

53095

The foregoing appropriation item 100-603, Departmental MIS	53096
Services, may be used to pay operating expenses of management	53097
information systems activities in the Department of Administrative	53098
Services. The Department of Administrative Services shall	53099
establish charges for recovering the costs of management	53100
information systems activities. These charges shall be deposited	53101
to the credit of the Departmental MIS Services Fund (Fund 4P3).	53102

Notwithstanding any other language to the contrary, the	53103
Director of Budget and Management may transfer up to $1,000,000 of	53104
fiscal year 2004 appropriations and up to $1,000,000 of fiscal	53105
year 2005 appropriations from appropriation item 100-603,	53106
Departmental MIS Services, to any Department of Administrative	53107
Services non-General Revenue Fund appropriation item. The	53108
appropriations transferred shall be used to make payments for	53109
management information systems services.	53110

Section 8.09. INVESTMENT RECOVERY FUND

53111

Notwithstanding division (B) of section 125.14 of the Revised	53112
Code, cash balances in the Investment Recovery Fund (Fund 427) may	53113
be used to support the operating expenses of the Federal Surplus	53114
Operating Program created in sections 125.84 to 125.90 of the	53115
Revised Code.	53116

Notwithstanding division (B) of section 125.14 of the Revised	53117
Code, cash balances in the Investment Recovery Fund may be used to	53118
support the operating expenses of the State Property Inventory and	53119
Fixed Assets Management System Program.	53120

Of the foregoing appropriation item 100-602, Investment	53121
Recovery, up to $1,958,155 in fiscal year 2004 and up to	53122
$2,049,162 in fiscal year 2005 shall be used to pay the operating	53123
expenses of the State Surplus Property Program, the Surplus	53124
Federal Property Program, and the State Property Inventory and	53125
Fixed Assets Management System Program pursuant to Chapter 125. of	53126
the Revised Code and this section. If additional appropriations	53127
are necessary for the operations of these programs, the Director	53128
of Administrative Services shall seek increased appropriations	53129
from the Controlling Board under section 131.35 of the Revised	53130
Code.	53131

Of the foregoing appropriation item 100-602, Investment	53132
Recovery, $2,221,029 in fiscal year 2004 and $2,130,022 in fiscal	53133
year 2005 shall be used to transfer proceeds from the sale of	53134
surplus property from the Investment Recovery Fund to non-General	53135
Revenue Funds pursuant to division (A)(2) of section 125.14 of the	53136
Revised Code. If it is determined by the Director of	53137
Administrative Services that additional appropriations are	53138
necessary for the transfer of such sale proceeds, the Director of	53139
Administrative Services may request the Director of Budget and	53140
Management to increase the amounts. Such amounts are hereby	53141
appropriated.	53142

Notwithstanding division (B) of section 125.14 of the Revised	53143
Code, the Director of Budget and Management, at the request of the	53144
Director of Administrative Services, shall transfer up to	53145
$2,811,197 of the amounts held for transfer to the General Revenue	53146
Fund from the Investment Recovery Fund to the General Services	53147
Fund (Fund 117) during the biennium beginning July 1, 2003, and	53148
ending June 30, 2005. The cash transferred to the General Services	53149
Fund shall be used to pay the operating expenses of the	53150
Competitive Sealed Proposal Program, to provide operating cash for	53151
the General Services Fund, and to provide operating cash for the	53152
newly created rate pools for Real Estate Leasing and Interior	53153
Design Services.	53154

Section 8.10. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM

53155

Notwithstanding division (B)(3) of section 4505.09 of the	53156
Revised Code, the Director of Budget and Management, at the	53157
request of the Director of Administrative Services, may transfer	53158
up to $4,887,390 in fiscal year 2004 and $1,000,000 in fiscal year	53159
2005 from the Automated Title Processing System (Fund 849) to the	53160
Multi-Agency Radio Communications Systems Administration Fund	53161
(Fund 5C2). The cash transferred to the Multi-Agency Radio	53162
Communications Systems Administration Fund shall be used for the	53163
development of the MARCS system.	53164

Effective with the implementation of the Multi-Agency Radio	53165
Communications System, the Director of Administrative Services	53166
shall collect user fees from participants in the system. The	53167
Director of Administrative Services, with the advice of the	53168
Multi-Agency Radio Communications System Steering Committee and	53169
the Director of Budget and Management, shall determine the amount	53170
of the fees and the manner by which the fees shall be collected.	53171
Such user charges shall comply with the applicable cost principles	53172
issued by the federal Office of Management and Budget. All moneys	53173
from user charges and fees shall be deposited in the state	53174
treasury to the credit of the Multi-Agency Radio Communications	53175
System Administration Fund (Fund 5C2). All interest income derived	53176
from the investment of the fund shall accrue to the fund.	53177

Section 8.10a. MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM	53178
ADMINISTRATION FUND (FUND 5C2) TRANSFER TO THE GRF	53179

On July 31, 2003, or as soon as possible thereafter, the	53180
Director of Budget and Management shall transfer $1,000,000 cash	53181
from the Multi-Agency Radio Communications System Administration	53182
Fund (Fund 5C2) to the General Revenue Fund.	53183

Section 8.11. WORKFORCE DEVELOPMENT FUND

53184

There is hereby established in the state treasury the	53185
Workforce Development Fund (Fund 5D7). The foregoing appropriation	53186
item 100-621, Workforce Development, shall be used to make	53187
payments from the fund. The fund shall be under the supervision of	53188
the Department of Administrative Services, which may adopt rules	53189
with regard to administration of the fund. The fund shall be used	53190
to pay the costs of the Workforce Development Program, if any, as	53191
previously established by Article 37 of the contract between the	53192
State of Ohio and OCSEA/AFSCME, Local 11, effective March 1, 2000,	53193
and as modified by any successor labor contract between the State	53194
of Ohio and OCSEA/AFSCME. The program shall be administered in	53195
accordance with the contract. Revenues shall accrue to the fund as	53196
specified in the contract. The fund may be used to pay direct and	53197
indirect costs of the program that are attributable to staff,	53198
consultants, and service providers. All income derived from the	53199
investment of the fund shall accrue to the fund.	53200

If it is determined by the Director of Administrative	53201
Services that additional appropriation amounts are necessary, the	53202
Director of Administrative Services may request that the Director	53203
of Budget and Management increase such amounts. Such amounts are	53204
hereby appropriated.	53205

Section 8.12. PROFESSIONAL DEVELOPMENT FUND

53206

The foregoing appropriation item 100-610, Professional	53207
Development, shall be used to make payments from the Professional	53208
Development Fund (Fund 5L7) pursuant to section 124.182 of the	53209
Revised Code.	53210

Section 8.13. EMPLOYEE EDUCATIONAL DEVELOPMENT

53211

There is hereby established in the state treasury the	53212
Employee Educational Development Fund (Fund 5V6). The foregoing	53213
appropriation item 100-619, Employee Educational Development,	53214
shall be used to make payments from the fund. The fund shall be	53215
used to pay the costs of the administration of educational	53216
programs per existing collective bargaining agreements with	53217
District 1199, the Health Care and Social Service Union; State	53218
Council of Professional Educators; Ohio Education Association;	53219
National Education Association; the Fraternal Order of Police Ohio	53220
Labor Council, Unit 2; and the Ohio State Troopers Association,	53221
Units 1 and 15. The fund shall be under the supervision of the	53222
Department of Administrative Services, which may adopt rules with	53223
regard to administration of the fund. The fund shall be	53224
administered in accordance with the applicable sections of the	53225
collective bargaining agreements between the State and the	53226
aforementioned unions. The Department of Administrative Services,	53227
with the approval of the Director of Budget and Management, shall	53228
establish charges for recovering the costs of administering the	53229
educational programs. Receipts for these charges shall be	53230
deposited into the Employee Educational Development Fund. All	53231
income derived from the investment of the funds shall accrue to	53232
the fund.	53233

If it is determined by the Director of Administrative	53234
Services that additional appropriation amounts are necessary, the	53235
Director of Administrative Services may request that the Director	53236
of Budget and Management increase such amounts. Such amounts are	53237
hereby appropriated with the approval of the Director of Budget	53238
and Management.	53239

Upon the request of the Director of Administrative Services,	53240
the Director of Budget and Management shall transfer any cash	53241
balances attributable to educational programs per existing	53242
collective bargaining agreements with District 1199, the Health	53243
Care and Social Service Union; State Council of Professional	53244
Educators; Ohio Education Association; National Education	53245
Association; the Fraternal Order of Police Ohio Labor Council,	53246
Unit 2; and the Ohio State Troopers Association, Units 1 and 15	53247
from the Human Resources Services Fund (Fund 125) to the Employee	53248
Educational Development Fund (Fund 5V6).	53249

Section 8.14. MAJOR IT PURCHASES

53250

The Director of Administrative Services shall compute the	53251
amount of revenue attributable to the amortization of all	53252
equipment purchases and capitalized systems from appropriation	53253
item 100-607, Information Technology Fund; appropriation item	53254
100-617, Major IT Purchases; and appropriation item CAP-837, Major	53255
IT Purchases, which is recovered by the Department of	53256
Administrative Services as part of the rates charged by the	53257
Information Technology Fund (Fund 133) created in section 125.15	53258
of the Revised Code. The Director of Budget and Management may	53259
transfer cash in an amount not to exceed the amount of	53260
amortization computed from the Information Technology Fund (Fund	53261
133) to the Major IT Purchases Fund (Fund 4N6).	53262

Section 8.15. INFORMATION TECHNOLOGY ASSESSMENT

53263

The Director of Administrative Services, with the approval of	53264
the Director of Budget and Management, may establish an	53265
information technology assessment for the purpose of recovering	53266
the cost of selected infrastructure and statewide programs. Such	53267
assessment shall comply with applicable cost principles issued by	53268
the federal Office of Management and Budget. The information	53269
technology assessment shall be charged to all organized bodies,	53270
offices, or agencies established by the laws of the state for the	53271
exercise of any function of state government except for the	53272
General Assembly, any legislative agency, the Supreme Court, the	53273
other courts of record in Ohio, or any judicial agency, the	53274
Adjutant General, the Bureau of Workers' Compensation, and	53275
institutions administered by a board of trustees. Any state-entity	53276
exempted by this section may utilize the infrastructure or	53277
statewide program by participating in the information technology	53278
assessment. All charges for the information technology assessment	53279
shall be deposited to the credit of the Information Technology	53280
Fund (Fund 133) created in section 125.15 of the Revised Code.	53281

Section 8.16. UNEMPLOYMENT COMPENSATION FUND

53282

The foregoing appropriation item 100-628, Unemployment	53283
Compensation Pass Through, shall be used to make payments from the	53284
Unemployment Compensation Fund (Fund 113), pursuant to section	53285
4141.241 of the Revised Code. If it is determined that additional	53286
amounts are necessary, such amounts are hereby appropriated.	53287

Section 8.17. PAYROLL WITHHOLDING FUND

53288

The foregoing appropriation item 100-629, Payroll Deductions,	53289
shall be used to make payments from the Payroll Withholding Fund	53290
(Fund 124). If it is determined by the Director of Budget and	53291
Management that additional appropriation amounts are necessary,	53292
such amounts are hereby appropriated.	53293

Section 8.18. GENERAL SERVICES REFUNDS

53294

The foregoing appropriation item 100-646, General Services	53295
Refunds, shall be used to hold bid guarantee and building plans	53296
and specifications deposits until they are refunded. The Director	53297
of Administrative Services may request that the Director of Budget	53298
and Management transfer cash received for the costs of providing	53299
the building plans and specifications to contractors from the	53300
General Services Refunds Fund to the State Architect's Office Fund	53301
(Fund 131). Prior to the transfer of cash, the Director of	53302
Administrative Services shall certify that such amounts are in	53303
excess of amounts required for refunding deposits and are directly	53304
related to costs of producing building plans and specifications.	53305
If it is determined that additional appropriations are necessary,	53306
such amounts are hereby appropriated.	53307

Section 8.19. MULTI-AGENCY RADIO COMMUNICATION SYSTEM DEBT	53308
SERVICE PAYMENTS	53309

The Director of Administrative Services, in consultation with	53310
the Multi-Agency Radio Communication System (MARCS) Steering	53311
Committee and the Director of Budget and Management, shall	53312
determine the share of debt service payments attributable to	53313
spending for MARCS components that are not specific to any one	53314
agency and that shall be charged to agencies supported by the	53315
motor fuel tax. Such share of debt service payments shall be	53316
calculated for MARCS capital disbursements made beginning July 1,	53317
1997. Within thirty days of any payment made from appropriation	53318
item 100-447, OBA - Building Rent Payments, the Director of	53319
Administrative Services shall certify to the Director of Budget	53320
and Management the amount of this share. The Director of Budget	53321
and Management shall transfer such amounts to the General Revenue	53322
Fund from the State Highway Safety Fund (Fund 036) established in	53323
section 4501.06 of the Revised Code.	53324

The Director of Administrative Services shall consider	53325
renting or leasing existing tower sites at reasonable or current	53326
market rates, so long as these existing sites are equipped with	53327
the technical capabilities to support the MARCS project.	53328

Section 8.20. DIRECTOR'S DECLARATION OF PUBLIC EXIGENCY

53329

Whenever the Director of Administrative Services declares a	53330
"public exigency," as provided in division (C) of section 123.15	53331
of the Revised Code, the Director shall also notify the members of	53332
the Controlling Board.	53333

Section 8.21. GENERAL SERVICE CHARGES

53334

The Department of Administrative Services, with the approval	53335
of the Director of Budget and Management, shall establish charges	53336
for recovering the costs of administering the programs in the	53337
General Services Fund (Fund 117) and the State Printing Fund (Fund	53338
210).	53339

Section 8.22. ASSESSMENTS ON STATE AGENCIES, BOARDS, AND	53340
COMMISSIONS	53341

For fiscal year 2004 and fiscal year 2005, the Director of	53342
Administrative Services shall not increase rates, charges, or fees	53343
for centralized services provided by the Department of	53344
Administrative Services and specified in Payroll Letter 824,	53345
effective July 17, 2002. This provision shall not apply to payroll	53346
deductions for employee health, vision, and dental benefits,	53347
employers' share of pension contributions, or amounts deducted for	53348
accrued leave or disability leave. Nor shall this provision apply	53349
to charges or deductions for programs operated by the Department	53350
of Administrative Services in accordance with any collective	53351
bargaining agreement.	53352

The Director of Administrative Services shall not increase	53353
rates or charges assessed to state agencies, boards, and	53354
commissions for other centralized services provided by the General	53355
Services Division and in effect as of June 30, 2003. However, the	53356
rate charged for mail services may be adjusted to account for	53357
increases in federal postage rates.	53358

Section 10. JCR JOINT COMMITTEE ON AGENCY RULE REVIEW

53359

General Revenue Fund

53360

GRF	029-321	Operating Expenses	$	363,769	$	379,769	53361
TOTAL GRF General Revenue Fund			$	363,769	$	379,769	53362
TOTAL ALL BUDGET FUND GROUPS			$	363,769	$	379,769	53363

OPERATING

53364

The Chief Administrative Officer of the House of	53365
Representatives and the Clerk of the Senate shall determine, by	53366
mutual agreement, which of them shall act as fiscal agent for the	53367
Joint Committee on Agency Rule Review.	53368

Section 11. AGE DEPARTMENT OF AGING

53369

General Revenue Fund

53370

GRF	490-321	Operating Expenses	$	1,908,867	$	1,908,867	53371
GRF	490-403	PASSPORT	$	70,363,924	$	70,363,924	53372
GRF	490-405	Golden Buckeye Card	$	267,628	$	267,628	53373
GRF	490-406	Senior Olympics	$	16,636	$	16,636	53374
GRF	490-409	Ohio Community Service Council Operations	$	228,048	$	228,048	53375
GRF	490-410	Long-Term Care Ombudsman	$	729,685	$	729,685	53376
GRF	490-411	Senior Community Services	$	10,971,431	$	10,971,431	53377
GRF	490-412	Residential State Supplement	$	9,960,356	$	9,960,356	53378
GRF	490-414	Alzheimers Respite	$	4,346,689	$	4,346,689	53379
GRF	490-416	Transportation for Elderly	$	138,369	$	138,369	53380
GRF	490-506	Senior Volunteers	$	375,471	$	375,471	53381
TOTAL GRF General Revenue Fund			$	99,307,104	$	99,307,104	53382

General Services Fund Group

53383

480	490-606	Senior Citizens Services Special Events	$	372,677	$	372,677	53384
5T4	490-615	Aging Network Support	$	252,830	$	252,830	53385
TOTAL GSF General Services Fund							53386
Group			$	625,507	$	625,507	53387

Federal Special Revenue Fund Group

53388

3C4	490-607	PASSPORT	$	140,563,071	$	143,208,159	53389
3M3	490-611	Federal Aging Nutrition	$	25,541,095	$	26,818,149	53390
3M4	490-612	Federal Supportive Services	$	26,305,294	$	27,094,453	53391
3R7	490-617	Ohio Community Service Council Programs	$	8,951,150	$	8,905,150	53392
322	490-618	Older Americans Support Services	$	12,904,949	$	13,298,626	53393
TOTAL FED Federal Special Revenue							53394
Fund Group			$	214,265,559	$	219,324,537	53395

State Special Revenue Fund Group

53396

4C4	490-609	Regional Long-Term Care Ombudsman Program	$	451,190	$	451,190	53397
4J4	490-610	PASSPORT/Residential State Supplement	$	33,268,052	$	33,263,984	53398
4U9	490-602	PASSPORT Fund	$	5,000,000	$	5,000,000	53399
5W1	490-616	Resident Services Coordinator Program	$	250,000	$	250,000	53400
624	490-604	OCSC Community Support	$	2,500	$	2,500	53401
TOTAL SSR State Special Revenue							53402
Fund Group			$	38,971,742	$	38,967,674	53403
TOTAL ALL BUDGET FUND GROUPS			$	353,169,912	$	358,224,822	53404

Section 11.01. PRE-ADMISSION REVIEW FOR NURSING FACILITY	53406
ADMISSION	53407

Pursuant to sections 5101.751 and 5101.754 of the Revised	53408
Code and an interagency agreement, the Department of Job and	53409
Family Services shall designate the Department of Aging to perform	53410
assessments under sections 5101.75 and 5111.204 of the Revised	53411
Code. Of the foregoing appropriation item 490-403, PASSPORT, the	53412
Department of Aging may use not more than $2,511,309 in fiscal	53413
year 2004 and $2,574,092 in fiscal year 2005 to perform the	53414
assessments for persons not eligible for Medicaid in accordance	53415
with the department's interagency agreement with the Department of	53416
Job and Family Services and to assist individuals in planning for	53417
their long-term health care needs.	53418

Section 11.02. PASSPORT

53419

Appropriation item 490-403, PASSPORT, and the amounts set	53420
aside for the PASSPORT Waiver Program in appropriation item	53421
490-610, PASSPORT/Residential State Supplement, may be used to	53422
assess clients regardless of Medicaid eligibility.	53423

The Director of Aging shall adopt rules under section 111.15	53424
of the Revised Code governing the nonwaiver funded PASSPORT	53425
program, including client eligibility.	53426

The Department of Aging shall administer the Medicaid	53427
waiver-funded PASSPORT Home Care Program as delegated by the	53428
Department of Job and Family Services in an interagency agreement.	53429
The foregoing appropriation item 490-403, PASSPORT, and the	53430
amounts set aside for the PASSPORT Waiver Program in appropriation	53431
item 490-610, PASSPORT/Residential State Supplement, shall be used	53432
to provide the required state match for federal Medicaid funds	53433
supporting the Medicaid Waiver-funded PASSPORT Home Care Program.	53434
Appropriation item 490-403, PASSPORT, and the amounts set aside	53435
for the PASSPORT Waiver Program in appropriation item 490-610,	53436
PASSPORT/Residential State Supplement, may also be used to support	53437
the Department of Aging's administrative costs associated with	53438
operating the PASSPORT program.	53439

The foregoing appropriation item 490-607, PASSPORT, shall be	53440
used to provide the federal matching share for all PASSPORT	53441
program costs determined by the Department of Job and Family	53442
Services to be eligible for Medicaid reimbursement.	53443

SENIOR COMMUNITY SERVICES

53444

The foregoing appropriation item 490-411, Senior Community	53445
Services, shall be used for services designated by the Department	53446
of Aging, including, but not limited to, home-delivered and	53447
congregate meals, transportation services, personal care services,	53448
respite services, adult day services, home repair, care	53449
coordination, and decision support systems. Service priority shall	53450
be given to low income, frail, and cognitively impaired persons 60	53451
years of age and over. The department shall promote cost sharing	53452
by service recipients for those services funded with block grant	53453
funds, including, where possible, sliding-fee scale payment	53454
systems based on the income of service recipients.	53455

ALZHEIMERS RESPITE

53456

The foregoing appropriation item 490-414, Alzheimers Respite,	53457
shall be used to fund only Alzheimer's disease services under	53458
section 173.04 of the Revised Code.	53459

TRANSPORTATION FOR ELDERLY

53460

The foregoing appropriation item 490-416, Transportation for	53461
Elderly, shall be used for noncapital expenses related to	53462
transportation services for the elderly that provide access to	53463
such things as healthcare services, congregate meals,	53464
socialization programs, and grocery shopping. The funds pass	53465
through and shall be administered by the Area Agencies on Aging.	53466
The appropriation shall be allocated to the following agencies:	53467

(A) Up to $34,912 in fiscal year 2004 and up to $34,039 in	53468
fiscal year 2005 to the Jewish Vocational Services/Cincinnati;	53469

(B) Up to $34,912 in fiscal year 2004 and up to $34,039 in	53470
fiscal year 2005 to the Jewish Community Center of Cleveland;	53471

(C) Up to $34,912 in fiscal year 2004 and up to $34,039 in	53472
fiscal year 2005 to the Wexner Heritage Village/Columbus;	53473

(D) Up to $15,469 in fiscal year 2004 and up to $15,082 in	53474
fiscal year 2005 to the Jewish Family Services of Dayton;	53475

(E) Up to $7,805 in fiscal year 2004 and up to $7,610 in	53476
fiscal year 2005 to the Jewish Community Center of Akron;	53477

(F) Up to $3,832 in fiscal year 2004 and up to $3,736 in	53478
fiscal year 2005 to the Jewish Community Center/Youngstown;	53479

(G) Up to $2,270 in fiscal year 2004 and up to $2,214 in	53480
fiscal year 2005 to the Jewish Community Center/Canton;	53481

(H) Up to $7,805 in fiscal year 2004 and up to $7,610 in	53482
fiscal year 2005 to the Jewish Community Center/Sylvania.	53483

Agencies receiving funding from appropriation item 490-416,	53484
Transportation for Elderly, shall coordinate services with other	53485
local service agencies.	53486

RESIDENTIAL STATE SUPPLEMENT

53487

Under the Residential State Supplement Program, the amount	53488
used to determine whether a resident is eligible for payment and	53489
for determining the amount per month the eligible resident will	53490
receive shall be as follows:	53491

(A) $900 for a residential care facility, as defined in	53492
section 3721.01 of the Revised Code;	53493

(B) $900 for an adult group home, as defined in Chapter 3722.	53494
of the Revised Code;	53495

(C) $800 for an adult foster home, as defined in Chapter 173.	53496
of the Revised Code;	53497

(D) $800 for an adult family home, as defined in Chapter	53498
3722. of the Revised Code;	53499

(E) $800 for an adult community alternative home, as defined	53500
in Chapter 3724. of the Revised Code;	53501

(F) $800 for an adult residential facility, as defined in	53502
Chapter 5119. of the Revised Code;	53503

(G) $600 for adult community mental health housing services,	53504
as defined in division (B)(5) of section 173.35 of the Revised	53505
Code.	53506

The Departments of Aging and Job and Family Services shall	53507
reflect these amounts in any applicable rules the departments	53508
adopt under section 173.35 of the Revised Code.	53509

TRANSFER OF RESIDENTIAL STATE SUPPLEMENT APPROPRIATIONS

53510

The Department of Aging may transfer cash by intrastate	53511
transfer vouchers from the foregoing appropriation items 490-412,	53512
Residential State Supplement, and 490-610, PASSPORT/Residential	53513
State Supplement, to the Department of Job and Family Services'	53514
Fund 4J5, Home and Community-Based Services for the Aged Fund. The	53515
funds shall be used to make benefit payments to Residential State	53516
Supplement recipients.	53517

LONG-TERM CARE OMBUDSMAN

53518

The foregoing appropriation item 490-410, Long-Term Care	53519
Ombudsman, shall be used for a program to fund ombudsman program	53520
activities in nursing homes, adult care facilities, boarding	53521
homes, and home and community care services.	53522

REGIONAL LONG-TERM CARE OMBUDSMAN PROGRAMS

53523

The foregoing appropriation item 490-609, Regional Long-Term	53524
Care Ombudsman Programs, shall be used solely to pay the costs of	53525
operating the regional long-term care ombudsman programs.	53526

PASSPORT/RESIDENTIAL STATE SUPPLEMENT

53527

Of the foregoing appropriation item 490-610,	53528
PASSPORT/Residential State Supplement, up to $2,835,000 each	53529
fiscal year may be used to fund the Residential State Supplement	53530
Program. The remaining available funds shall be used to fund the	53531
PASSPORT program.	53532

TRANSFER OF APPROPRIATIONS - FEDERAL AGING NUTRITION, FEDERAL	53533
SUPPORTIVE SERVICES, AND OLDER AMERICANS SUPPORT SERVICES	53534

Upon written request of the Director of Aging, the Director	53535
of Budget and Management may transfer appropriation authority	53536
among appropriation items 490-611, Federal Aging Nutrition,	53537
490-612, Federal Supportive Services, and 490-618, Older Americans	53538
Support Services, in amounts not to exceed 30 per cent of the	53539
appropriation from which the transfer is made. The Department of	53540
Aging shall report such transfers to the Controlling Board at the	53541
next regularly scheduled meeting of the board.	53542

OHIO COMMUNITY SERVICE COUNCIL

53543

The foregoing appropriation items 490-409, Ohio Community	53544
Service Council Operations, and 490-617, Ohio Community Service	53545
Council Programs, shall be used in accordance with section 121.40	53546
of the Revised Code.	53547

Section 12. AGR DEPARTMENT OF AGRICULTURE

53548

General Revenue Fund

53549

GRF	700-321	Operating Expenses	$	2,737,665	$	2,771,628	53550
GRF	700-401	Animal Disease Control	$	3,621,815	$	3,621,815	53551
GRF	700-402	Amusement Ride Safety	$	278,767	$	275,943	53552
GRF	700-403	Dairy Division	$	1,494,597	$	1,494,153	53553
GRF	700-404	Ohio Proud	$	197,727	$	197,229	53554
GRF	700-405	Animal Damage Control	$	44,954	$	44,954	53555
GRF	700-406	Consumer Analytical Lab	$	819,281	$	872,241	53556
GRF	700-407	Food Safety	$	999,042	$	999,042	53557
GRF	700-409	Farmland Preservation	$	256,993	$	256,993	53558
GRF	700-410	Plant Industry	$	1,109,867	$	1,107,677	53559
GRF	700-411	International Trade and Market Development	$	521,049	$	517,524	53560
GRF	700-412	Weights and Measures	$	914,137	$	909,120	53561
GRF	700-413	Gypsy Moth Prevention	$	546,118	$	576,299	53562
GRF	700-414	Concentrated Animal Feeding Facilities Advisory Committee	$	16,521	$	16,086	53563
GRF	700-415	Poultry Inspection	$	270,645	$	267,743	53564
GRF	700-418	Livestock Regulation Program	$	1,306,911	$	1,306,911	53565
GRF	700-424	Livestock Testing and Inspections	$	123,347	$	123,347	53566
GRF	700-499	Meat Inspection Program - State Share	$	4,451,611	$	4,496,889	53567
GRF	700-501	County Agricultural Societies	$	381,091	$	381,091	53568
TOTAL GRF General Revenue Fund			$	20,092,138	$	20,236,685	53569

Federal Special Revenue Fund Group

53570

3J4	700-607	Indirect Cost	$	938,785	$	949,877	53571
3R2	700-614	Federal Plant Industry	$	1,400,000	$	1,425,000	53572
326	700-618	Meat Inspection Service - Federal Share	$	4,876,904	$	4,951,291	53573
336	700-617	Ohio Farm Loan Revolving Fund	$	181,774	$	181,774	53574
382	700-601	Cooperative Contracts	$	2,400,000	$	2,500,000	53575
TOTAL FED Federal Special Revenue							53576
Fund Group			$	9,797,463	$	10,007,942	53577

State Special Revenue Fund Group

53578

4C9	700-605	Feed, Fertilizer, and Lime Inspection	$	986,765	$	1,008,541	53579
4D2	700-609	Auction Education	$	30,476	$	30,476	53580
4E4	700-606	Utility Radiological Safety	$	73,059	$	73,059	53581
4P7	700-610	Food Safety Inspection	$	575,797	$	582,711	53582
4R0	700-636	Ohio Proud Marketing	$	40,300	$	38,300	53583
4R2	700-637	Dairy Inspection Fund	$	1,157,603	$	1,184,183	53584
4T6	700-611	Poultry and Meat Inspection	$	46,162	$	47,294	53585
4T7	700-613	International Trade and Market Development Rotary	$	41,238	$	42,000	53586
4V5	700-615	Animal Industry Lab Fees	$	711,944	$	711,944	53587
494	700-612	Agricultural Commodity Marketing Program	$	170,077	$	170,220	53588
496	700-626	Ohio Grape Industries	$	1,071,099	$	1,071,099	53589
497	700-627	Commodity Handlers Regulatory Program	$	664,118	$	664,118	53590
498	700-628	Commodity Indemnity Fund	$	250,000	$	250,000	53591
5B8	700-629	Auctioneers	$	291,672	$	365,390	53592
5H2	700-608	Metrology Lab	$	105,879	$	108,849	53593
5L8	700-604	Livestock Management Program	$	250,000	$	250,000	53594
578	700-620	Ride Inspection Fees	$	497,000	$	497,000	53595
579	700-630	Scale Certification	$	168,785	$	171,677	53596
652	700-634	Laboratory Services	$	1,043,444	$	1,074,447	53597
669	700-635	Pesticide Program	$	2,243,232	$	2,243,232	53598
TOTAL SSR State Special Revenue							53599
Fund Group			$	10,418,650	$	10,584,540	53600

Clean Ohio Fund Group

53601

057	700-632	Clean Ohio Agricultural Easement	$	149,000	$	149,000	53602
TOTAL CLR Clean Ohio Fund Group			$	149,000	$	149,000	53603
TOTAL ALL BUDGET FUND GROUPS			$	40,457,251	$	40,978,167	53604

FAMILY FARM LOAN PROGRAM

53605

Notwithstanding Chapter 166. of the Revised Code, up to	53606
$1,500,000 in each fiscal year shall be transferred from moneys in	53607
the Facilities Establishment Fund (Fund 037) to the Family Farm	53608
Loan Fund (Fund 5H1) in the Department of Development. These	53609
moneys shall be used for loan guarantees. The transfer is subject	53610
to Controlling Board approval.	53611

Financial assistance from the Family Farm Loan Fund (Fund	53612
5H1) shall be repaid to Fund 5H1. This fund is established in	53613
accordance with sections 166.031, 901.80, 901.81, 901.82, and	53614
901.83 of the Revised Code.	53615

When the Family Farm Loan Fund (Fund 5H1) ceases to exist,	53616
all outstanding balances, all loan repayments, and any other	53617
outstanding obligations shall revert to the Facilities	53618
Establishment Fund (Fund 037).	53619

CLEAN OHIO AGRICULTURAL EASEMENT

53620

The foregoing appropriation item 700-632, Clean Ohio	53621
Agricultural Easement, shall be used by the Department of	53622
Agriculture in administering sections 901.21, 901.22, and 5301.67	53623
to 5301.70 of the Revised Code.	53624

Section 13. AIR AIR QUALITY DEVELOPMENT AUTHORITY

53625

General Revenue Fund

53626

GRF	898-604	Coal Development Office	$	588,041	$	599,802	53627
GRF	898-901	Coal R&D Gen Obligation Debt Service	$	7,231,200	$	9,185,100	53628
TOTAL GRF General Revenue Fund			$	7,819,241	$	9,784,902	53629

Agency Fund Group

53630

4Z9	898-602	Small Business Ombudsman	$	233,482	$	233,482	53631
5A0	898-603	Small Business Assistance	$	197,463	$	197,463	53632
570	898-601	Operating Expenses	$	243,383	$	243,383	53633
TOTAL AGY Agency Fund Group			$	674,328	$	674,328	53634

Coal Research/Development Fund

53635

046	898-604	Coal Research & Dev Fund	$	13,168,357	$	13,168,357	53636
TOTAL 046 Coal Research & Dev Fund			$	13,168,357	$	13,168,357	53637
TOTAL ALL BUDGET FUND GROUPS			$	21,661,926	$	23,627,587	53638

Section 13.01. COAL DEVELOPMENT OFFICE

53640

The foregoing appropriation item GRF 898-402, Coal	53641
Development Office, shall be used for the administrative costs of	53642
the Coal Development Office.	53643

Section 13.02. COAL RESEARCH AND DEVELOPMENT GENERAL	53644
OBLIGATION DEBT SERVICE	53645

The foregoing appropriation item GRF 898-901, Coal R&D Gen	53646
Obligation Debt Service, shall be used to pay all debt service and	53647
related financing costs at the times they are required to be made	53648
under sections 151.01 and 151.07 of the Revised Code during the	53649
period from July 1, 2003, to June 30, 2005. The Office of the	53650
Sinking Fund or the Director of Budget and Management shall	53651
effectuate the required payments by an intrastate transfer	53652
voucher.	53653

Section 13.03. SCIENCE AND TECHNOLOGY COLLABORATION

53654

The Air Quality Development Authority shall work in close	53655
collaboration with the Department of Development, Board of	53656
Regents, and the Third Frontier Commission in relation to	53657
appropriation items and programs listed in the following	53658
paragraph, and other technology-related appropriations and	53659
programs in the Department of Development, Air Quality Development	53660
Authority, and the Board of Regents as those agencies may	53661
designate, to ensure implementation of a coherent state strategy	53662
with respect to science and technology.	53663

Each of the following appropriations and programs: 195-401,	53664
Thomas Edison Program; 898-402, Coal Development Office; 195-422,	53665
Third Frontier Action Fund; 898-604, Coal Research and Development	53666
Fund; 235-454, Research Challenge; 235-510, Ohio Supercomputer	53667
Center; 235-527, Ohio Aerospace Institute; 235-535, Agricultural	53668
Research and Development Center; 235-553, Dayton Area Graduate	53669
Studies Institute; 235-554, Computer Science Graduate Education;	53670
235-556, Ohio Academic Resources Network; and 195-405, Biomedical	53671
Research and Technology Transfer Trust, shall be reviewed annually	53672
by the Third Frontier Commission with respect to its development	53673
of complementary relationships within a combined state science and	53674
technology investment portfolio and its overall contribution to	53675
the state's science and technology strategy, including the	53676
adoption of appropriately consistent criteria for:	53677

(1) the scientific merit of activities supported by the	53678
program;	53679

(2) the relevance of the program's activities to commercial	53680
opportunities in the private sector;	53681

(3) the private sector's involvement in a process that	53682
continually evaluates commercial opportunities to use the work	53683
supported by the program; and	53684

(4) the ability of the program and recipients of grant	53685
funding from the program to engage in activities that are	53686
collaborative, complementary, and efficient with respect to the	53687
expenditure of state funds.	53688

All programs listed in the preceding paragraph shall provide	53689
annual reports to the Third Frontier Commission discussing	53690
existing, planned, or possible collaborations between programs and	53691
recipients of grant funding related to technology, development,	53692
commercialization, and supporting Ohio's economic development. The	53693
annual review by the Third Frontier Commission shall be a	53694
comprehensive review of the entire state science and technology	53695
program portfolio rather than a review of individual programs.	53696

Section 14. ADA DEPARTMENT OF ALCOHOL AND DRUG ADDICTION	53697
SERVICES	53698

General Revenue Fund

53699

GRF	038-321	Operating Expenses	$	1,200,293	$	1,200,293	53700
GRF	038-401	Treatment Services	$	28,512,306	$	28,512,306	53701
GRF	038-404	Prevention Services	$	1,055,033	$	1,055,033	53702
TOTAL GRF General Revenue Fund			$	30,767,632	$	30,767,632	53703

General Services Fund

53704

5T9	038-616		Problem Gambling Services		$	60,000		$	60,000		53705
TOTAL GSF General Services Fund Group					$	60,000		$	60,000		53706

Federal Special Revenue Fund Group

53707

3G3	038-603	Drug Free Schools	$	3,500,000	$	3,500,000	53708
3G4	038-614	Substance Abuse Block Grant	$	67,335,499	$	68,079,223	53709
3H8	038-609	Demonstration Grants	$	7,093,075	$	7,093,075	53710
3J8	038-610	Medicaid	$	30,000,000	$	30,000,000	53711
3N8	038-611	Administrative Reimbursement	$	500,000	$	500,000	53712
TOTAL FED Federal Special Revenue							53713
Fund Group			$	108,428,574	$	109,172,298	53714

State Special Revenue Fund Group

53715

475	038-621	Statewide Treatment and Prevention	$	20,191,182	$	20,191,182	53716
5P1	038-615	Credentialing	$	225,000	$	0	53717
689	038-604	Education and Conferences	$	280,000	$	280,000	53718
TOTAL SSR State Special Revenue							53719
Fund Group			$	20,696,182	$	20,471,182	53720
TOTAL ALL BUDGET FUND GROUPS			$	159,952,388	$	160,471,112	53721

AM. SUB. H.B. 484 OF THE 122nd GENERAL ASSEMBLY

53722

Of the foregoing appropriation item 038-401, Treatment	53723
Services, $4 million in each fiscal year shall be allocated for	53724
services to families, adults, and adolescents pursuant to the	53725
requirements of Am. Sub. H.B. 484 of the 122nd General Assembly.	53726

SERVICES FOR TANF-ELIGIBLE INDIVIDUALS

53727

Of the foregoing appropriation item 038-621, Statewide	53728
Treatment and Prevention, $5 million each year shall be used to	53729
fund TANF-eligible expenditures for substance abuse prevention and	53730
treatment services to children, or their families, whose income is	53731
at or below 200 per cent of the official income poverty guideline.	53732
The Director of Alcohol and Drug Addiction Services and the	53733
Director of Job and Family Services shall develop operating and	53734
reporting guidelines for these programs.	53735

PARENT AWARENESS TASK FORCE

53736

The Parent Awareness Task Force shall study ways to engage	53737
more parents in activities, coalitions, and educational programs	53738
in Ohio relating to alcohol and other drug abuse prevention. Of	53739
the foregoing appropriation item 038-404, Prevention Services,	53740
$30,000 in each fiscal year may be used to support the functions	53741
of the Parent Awareness Task Force.	53742

Section 15. AMB AMBULANCE LICENSING BOARD

53743

General Services Fund Group

53744

4N1	915-601	Operating Expenses	$	272,340	$	284,054	53745
TOTAL GSF General Services							53746
Fund Group			$	272,340	$	284,054	53747
TOTAL ALL BUDGET FUND GROUPS			$	272,340	$	284,054	53748

Section 16. ARC STATE BOARD OF EXAMINERS OF ARCHITECTS

53750

General Services Fund Group

53751

4K9	891-609	Operating Expenses	$	480,574	$	479,574	53752
TOTAL GSF General Services Fund							53753
Group			$	480,574	$	479,574	53754
TOTAL ALL BUDGET FUND GROUPS			$	480,574	$	479,574	53755

Section 17. ART OHIO ARTS COUNCIL

53757

General Revenue Fund

53758

GRF	370-100	Personal Services	$	1,896,848	$	1,892,879	53759
GRF	370-200	Maintenance	$	450,000	$	450,000	53760
GRF	370-300	Equipment	$	17,788	$	17,056	53761
GRF	370-502	Program Subsidies	$	9,896,320	$	9,648,912	53762
TOTAL GRF General Revenue Fund			$	12,260,956	$	12,008,847	53763

General Services Fund Group

53764

4B7	370-603	Per Cent for Art Acquisitions	$	86,366	$	86,366	53765
460	370-602	Gifts and Donations	$	429,325	$	429,325	53766
TOTAL GSF General Services Fund Group			$	515,691	$	515,691	53767

Federal Special Revenue Fund Group

53768

314	370-601	Federal Programs	$	1,657,300	$	1,657,300	53769
TOTAL FED Federal Special Revenue Fund Group			$	1,657,300	$	1,657,300	53770
TOTAL ALL BUDGET FUND GROUPS			$	14,433,947	$	14,181,838	53771

PROGRAM SUBSIDIES

53772

A museum is not eligible to receive funds from appropriation	53773
item 370-502, Program Subsidies, if $8,000,000 or more in capital	53774
appropriations were appropriated by the state for the museum	53775
between January 1, 1986, and December 31, 2002.	53776

PER CENT FOR ART ACQUISITIONS

53777

The unencumbered balance remaining from prior projects of	53778
appropriation item 370-603, Per Cent for Art Acquisitions, shall	53779
be used by the Ohio Arts Council to pay for start-up costs in	53780
connection with the selection of artists of new Per Cent for Art	53781
projects.	53782

Section 18. AFC OHIO ARTS AND SPORTS FACILITIES

53783

COMMISSION

53784

General Revenue Fund

53785

GRF	371-321	Operating Expenses	$	67,451	$	67,451	53786
GRF	371-401	Lease Rental Payments	$	36,283,800	$	37,617,700	53787
TOTAL GRF General Revenue Fund			$	36,351,251	$	37,685,151	53788

State Special Revenue Fund Group

53789

4T8	371-601	Riffe Theatre Equipment Maintenance	$	23,194	$	23,194	53790
4T8	371-603	Project Administration	$	1,035,377	$	1,074,339	53791
TOTAL SSR State Special Revenue Group			$	1,058,571	$	1,097,533	53792
TOTAL ALL BUDGET FUND GROUPS			$	37,409,822	$	38,782,684	53793

OHIO BUILDING AUTHORITY LEASE PAYMENTS

53794

The foregoing appropriation item 371-401, Lease Rental	53795
Payments, shall be used by the Arts and Sports Facilities	53796
Commission for payments to the Ohio Building Authority for the	53797
period from July 1, 2003, to June 30, 2005, pursuant to the	53798
primary leases and agreements for those buildings made under	53799
Chapter 152. of the Revised Code, but limited to the aggregate	53800
amount of $73,901,500. This appropriation is the source of funds	53801
pledged for bond service charges on related obligations issued	53802
pursuant to Chapter 152. of the Revised Code.	53803

OPERATING EXPENSES

53804

The foregoing appropriation item 371-603, Project	53805
Administration, shall be used by the Ohio Arts and Sports	53806
Facilities Commission to carry out its responsibilities pursuant	53807
to this section and Chapter 3383. of the Revised Code.	53808

Within ten days after the effective date of this section, or	53809
as soon as possible thereafter, the Director of Budget and	53810
Management shall determine the amount of cash from interest	53811
earnings to be transferred from the Arts Facilities Building Fund	53812
(Fund 030) and the Sports Facilities Building Fund (Fund 024) to	53813
the Arts and Sports Facilities Commission Administration Fund	53814
(Fund 4T8). The total amount transferred in fiscal year 2004 and	53815
fiscal year 2005 may not exceed the total biennial appropriation	53816
of $2,109,716 in appropriation item 371-603, Project	53817
Administration.	53818

By July 10, 2004, or as soon as possible thereafter, the	53819
Director of Budget and Management shall determine the amount of	53820
cash from interest earnings to be transferred from the Arts	53821
Facilities Building Fund (Fund 030) and the Sports Facilities	53822
Building Fund (Fund 024) to the Arts and Sports Commission	53823
Administration Fund (Fund 4T8). The total amount transferred in	53824
fiscal year 2004 and in fiscal year 2005 may not exceed the total	53825
biennial appropriation of $2,109,716 in appropriation item	53826
371-603, Project Administration.	53827

Section 19. ATH ATHLETIC COMMISSION

53828

General Services Fund Group

53829

4K9	175-609	Athletic Commission - Operating	$	188,250	$	200,205	53830
TOTAL GSF General Services Fund Group			$	188,250	$	200,205	53831
TOTAL ALL BUDGET FUND GROUPS			$	188,250	$	200,205	53832

TRANSFER OF CASH BALANCE FROM FUND 5R1

53833

On July 1, 2003, or as soon thereafter as possible, the	53834
Director of Budget and Management shall transfer the cash balance	53835
in the Athlete Agents Registration Fund (Fund 5R1) that was	53836
created in former section 4771.22 of the Revised Code to the	53837
Occupational Licensing and Regulatory Fund (Fund 4K9). The	53838
director shall cancel any existing encumbrances against	53839
appropriation item 175-602, Athlete Agents Registration (Fund	53840
5R1), and reestablish them against appropriation item 175-609,	53841
Athletic Commission - Operating (Fund 4K9). The amounts of the	53842
reestablished encumbrances are hereby appropriated.	53843

Section 20. AGO ATTORNEY GENERAL

53844

General Revenue Fund

53845

GRF	055-321	Operating Expenses	$	53,885,937	$	53,885,937	53846
GRF	055-406	Community Police Match and Law Enforcement Assistance	$	2,258,843	$	2,258,843	53847
GRF	055-408	Criminal Justice Information System	$	534,570	$	520,503	53848
GRF	055-411	County Sheriffs	$	574,168	$	574,168	53849
GRF	055-413	Violence Prevention Subsidy	$	707,076	$	688,469	53850
GRF	055-414	Criminal Justice Services	$	1,081,371	$	1,077,971	53851
GRF	055-415	County Prosecutors	$	481,245	$	481,245	53852
TOTAL GRF General Revenue Fund			$	59,523,210	$	59,487,136	53853

General Services Fund Group

53854

106	055-612	General Reimbursement	$	18,870,196	$	18,870,196	53855
107	055-624	Employment Services	$	984,396	$	984,396	53856
195	055-660	Workers' Compensation Section	$	7,769,628	$	7,769,628	53857
4P6	055-640	General Services	$	135,450	$	86,500	53858
4Y7	055-608	Title Defect Rescission	$	570,623	$	570,623	53859
4Z2	055-609	BCI Asset Forfeiture and Cost Reimbursement	$	332,109	$	332,109	53860
418	055-615	Charitable Foundations	$	1,899,066	$	1,899,066	53861
420	055-603	Attorney General Antitrust	$	446,449	$	446,449	53862
421	055-617	Police Officers' Training Academy Fee	$	1,193,213	$	1,193,213	53863
5A9	055-618	Telemarketing Fraud Enforcement	$	52,378	$	52,378	53864
590	055-633	Peace Officer Private Security Fund	$	98,370	$	98,370	53865
629	055-636	Corrupt Activity Investigation and Prosecution	$	108,230	$	108,230	53866
631	055-637	Consumer Protection Enforcement	$	1,373,832	$	1,373,832	53867
TOTAL GSF General Services Fund							53868
Group			$	33,833,940	$	33,784,990	53869

Federal Special Revenue Fund Group

53870

3E5	055-638	Anti-Drug Abuse	$	1,923,400	$	1,981,102	53871
3L5	055-644	Justice Programs	$	30,334,908	$	30,311,870	53872
3R6	055-613	Attorney General Federal Funds	$	3,730,191	$	3,842,097	53873
3U1	055-645	Criminal Justice Federal Programs	$	1,000,000	$	0	53874
3V8	055-646	Federal Program Purposes FFY 01	$	250,000	$	0	53875
306	055-620	Medicaid Fraud Control	$	2,882,970	$	2,969,459	53876
381	055-611	Civil Rights Legal Service	$	390,815	$	390,815	53877
383	055-634	Crime Victims Assistance	$	17,561,250	$	18,439,313	53878
TOTAL FED Federal Special Revenue							53879
Fund Group			$	58,073,534	$	57,934,656	53880

State Special Revenue Fund Group

53881

402	055-616	Victims of Crime	$	27,933,893	$	27,933,893	53882
417	055-621	Domestic Violence Shelter	$	14,492	$	14,492	53883
419	055-623	Claims Section	$	13,649,954	$	13,649,954	53884
659	055-641	Solid and Hazardous Waste Background Investigations	$	621,159	$	621,159	53885
TOTAL SSR State Special Revenue							53886
Fund Group			$	42,219,498	$	42,219,498	53887

Holding Account Redistribution Fund Group

53888

R03	055-629	Bingo License Refunds	$	5,200	$	5,200	53889
R04	055-631	General Holding Account	$	275,000	$	275,000	53890
R05	055-632	Antitrust Settlements	$	10,400	$	10,400	53891
R18	055-630	Consumer Frauds	$	750,000	$	750,000	53892
R42	055-601	Organized Crime Commission Account	$	200,000	$	200,000	53893
TOTAL 090 Holding Account							53894
Redistribution Fund Group			$	1,240,600	$	1,240,600	53895
TOTAL ALL BUDGET FUND GROUPS			$	194,890,782	$	194,666,880	53896

INDIGENT DEFENSE

53897

The Attorney General's Bureau of Criminal Justice Services	53898
shall make all efforts to maximize the amount of funding available	53899
for the defense of indigent persons.	53900

CRIMINAL JUSTICE INFORMATION SYSTEM

53901

The foregoing appropriation item 055-XXX, Criminal Justice	53902
Information System, shall be used by the Attorney General's Bureau	53903
of Criminal Justice Services to work on a plan to improve Ohio's	53904
criminal justice information systems. The Superintendent of the	53905
Attorney General's Bureau of Criminal Justice Services shall	53906
evaluate the progress of this plan and issue a report to the	53907
Governor, the Speaker and the Minority Leader of the House of	53908
Representatives, the President and the Minority Leader of the	53909
Senate, the Criminal Justice Policy Board, and the Legislative	53910
Service Commission by the first day of January of each year of the	53911
two-year biennium beginning July 1, 2003, and ending June 30,	53912
2005.	53913

CRIMINAL JUSTICE SERVICES OPERATING

53914

Of the foregoing appropriation item 055-XXX, Criminal Justice	53915
Services Operating, up to $650,000 in each fiscal year shall be	53916
used for the purpose of matching federal funds.	53917

WORKERS' COMPENSATION SECTION

53918

The Workers' Compensation Section Fund (Fund 195) shall	53919
receive payments from the Bureau of Workers' Compensation and the	53920
Ohio Industrial Commission at the beginning of each quarter of	53921
each fiscal year to fund legal services to be provided to the	53922
Bureau of Workers' Compensation and the Ohio Industrial Commission	53923
during the ensuing quarter. Such advance payment shall be subject	53924
to adjustment.	53925

In addition, the Bureau of Workers' Compensation shall	53926
transfer payments at the beginning of each quarter for the support	53927
of the Workers' Compensation Fraud Unit.	53928

All amounts shall be mutually agreed upon by the Attorney	53929
General, the Bureau of Workers' Compensation, and the Ohio	53930
Industrial Commission.	53931

CORRUPT ACTIVITY INVESTIGATION AND PROSECUTION

53932

The foregoing appropriation item 055-636, Corrupt Activity	53933
Investigation and Prosecution, shall be used as provided by	53934
division (D)(2) of section 2923.35 of the Revised Code to dispose	53935
of the proceeds, fines, and penalties credited to the Corrupt	53936
Activity Investigation and Prosecution Fund, which is created in	53937
division (D)(1)(b) of section 2923.35 of the Revised Code. If it	53938
is determined that additional amounts are necessary, the amounts	53939
are hereby appropriated.	53940

COMMUNITY POLICE MATCH AND LAW ENFORCEMENT ASSISTANCE

53941

In fiscal years 2004 and 2005, the Attorney General's Office	53942
may request the Director of Budget and Management to transfer	53943
appropriation authority from appropriation item 055-321, Operating	53944
Expenses, to appropriation item 055-406, Community Police Match	53945
and Law Enforcement Assistance. The Director of Budget and	53946
Management shall then transfer appropriation authority from	53947
appropriation item 055-321, Operating Expenses, to appropriation	53948
item 055-406, Community Police Match and Law Enforcement	53949
Assistance. Moneys transferred to appropriation item 055-406,	53950
Community Police Match and Law Enforcement Assistance, shall be	53951
used to pay operating expenses and to provide grants to local law	53952
enforcement agencies and communities for the purpose of supporting	53953
law enforcement-related activities.	53954

JUVENILE ACCOUNTABILITY INCENTIVE BLOCK GRANT

53955

The foregoing appropriation item 055-XXX, Criminal Justice	53956
Federal Programs, shall be used to fund and close out the Juvenile	53957
Accountability Incentive Block Grant Program for federal fiscal	53958
year 1999.	53959

TRANSFER OF THE OFFICE OF CRIMINAL JUSTICE SERVICES TO THE	53960
OFFICE OF THE ATTORNEY GENERAL	53961

On July 1, 2003, by reason of the elimination of the Office	53962
of Criminal Justice Services by this act or by reason of this	53963
Section, the duties and responsibilities of the Office of Criminal	53964
Justice Services are transferred to the Office of the Attorney	53965
General's Bureau of Criminal Justice Services.	53966

Any business relating to the Office of Criminal Justice	53967
Services commenced but not completed by the Office of Criminal	53968
Justice Services or its Director or staff prior to July 1, 2003,	53969
shall be completed by the Bureau of Criminal Justice Services or	53970
its Superintendent or staff in the same manner, and with the same	53971
effect, as if completed by the Office of Criminal Justice Services	53972
or its Director or staff.	53973

No validation, cure, right, privilege, remedy, obligation, or	53974
liability is lost or impaired by reason of the elimination of the	53975
Office of Criminal Justice Services by this act or by reason of	53976
this section. All of the Office of Criminal Justice Services'	53977
rules, orders, and determinations continue in effect as rules,	53978
orders, and determinations of the Attorney General, until modified	53979
or rescinded by the Attorney General. If necessary to ensure the	53980
integrity of the numbering of the Administrative Code, the	53981
Director of the Legislative Service Commission shall renumber the	53982
Office of Criminal Justice Services' rules to reflect the	53983
assumption of the Office of Criminal Justice Services' duties and	53984
responsibilities by the Bureau of Criminal Justice Services.	53985

Employees of the Office of Criminal Justice Services shall be	53986
transferred to the Office of the Attorney General. Subject to the	53987
lay-off provisions of sections 124.321 to 124.328 of the Revised	53988
Code, those employees of the Office of Criminal Justice Services	53989
so transferred to the Office of the Attorney General retain their	53990
positions and all of the benefits accruing thereto.	53991

No action or proceeding pending on July 1, 2003, that	53992
involves Office of Criminal Justice Services is affected by the	53993
elimination of the Office of Criminal Justice Services by this act	53994
or by reason of this section, and any such action or proceeding	53995
pending on July 1, 2003, shall be prosecuted or defended in the	53996
name of the Office of the Attorney General. In all such actions	53997
and proceedings, the Office of the Attorney General upon	53998
application to the court shall be substituted as a party.	53999

On or after the effective date of this section,	54000
notwithstanding any provision of law to the contrary, the Director	54001
of Budget and Management is authorized to take the action	54002
described in this section with respect to budget changes made	54003
necessary by administrative reorganization, program transfers, the	54004
creation of new funds, and the consolidation of funds as	54005
authorized by this act. The Director may make any transfer of cash	54006
balances between funds. At the request of the Director of Budget	54007
and Management, the Attorney General shall certify to the Director	54008
an estimate of the amount of the cash balance to be transferred to	54009
the receiving fund. The Director may transfer the estimated amount	54010
when needed to make payments. Not more than thirty days after	54011
certifying the estimated amount, the Attorney General shall	54012
certify the final amount to the Director. The Director shall	54013
transfer the difference between any amount previously transferred	54014
and the certified final amount. The Director may cancel	54015
encumbrances and re-establish encumbrances or parts of	54016
encumbrances as needed in the fiscal year in the appropriate fund	54017
and appropriation item for the same purpose and to the same	54018
vendor. As determined by the Director, the appropriation authority	54019
necessary to re-establish such encumbrances in the fiscal year in	54020
a different fund or appropriation item within an agency or between	54021
agencies is hereby appropriated by the General Assembly. The	54022
Director shall reduce each year's appropriation balances by the	54023
amount of the encumbrance canceled in their respective funds and	54024
appropriation item. Any unencumbered or unallocated appropriation	54025
balances from the previous fiscal year may be transferred to the	54026
appropriate appropriation item to be used for the same purposes,	54027
as determined by the Director.	54028

Section 21. AUD AUDITOR OF STATE

54029

General Revenue Fund

54030

GRF	070-321	Operating Expenses	$	30,813,217	$	30,813,217	54031
GRF	070-403	Fiscal Watch/Emergency Technical Assistance	$	200,180	$	200,180	54032
GRF	070-405	Electronic Data Processing - Auditing and Administration	$	823,193	$	823,193	54033
GRF	070-406	Uniform Accounting Network/Technology Improvements Fund	$	1,774,394	$	1,774,394	54034
TOTAL GRF General Revenue Fund			$	33,610,984	$	33,610,984	54035

General Services Fund Group

54036

109	070-601	Public Audit Expense - Intra-State	$	10,592,547	$	11,651,800	54037
422	070-601	Public Audit Expense - Local Government	$	37,617,072	$	39,497,925	54038
584	070-603	Training Program	$	124,999	$	131,250	54039
675	070-605	Uniform Accounting Network	$	3,015,760	$	3,317,336	54040
TOTAL GSF General Services Fund							54041
Group			$	51,350,378	$	54,598,311	54042

Holding Account Redistribution Fund Group

54043

R06	070-604	Continuous Receipts	$	50,000	$	60,000	54044
TOTAL 090 Holding Account							54045
Redistribution Fund Group			$	50,000	$	60,000	54046
TOTAL ALL BUDGET FUND GROUPS			$	85,011,362	$	88,269,295	54047

FISCAL WATCH/EMERGENCY TECHNICAL ASSISTANCE

54048

The foregoing appropriation item 070-403, Fiscal	54049
Watch/Emergency Technical Assistance, shall be used for all	54050
expenses incurred by the Office of the Auditor of State in its	54051
role relating to fiscal watch or fiscal emergency activities under	54052
Chapters 118. and 3316. of the Revised Code. Expenses include, but	54053
are not be limited to, the following: duties related to the	54054
determination or termination of fiscal watch or fiscal emergency	54055
of municipal corporations, counties, or townships as outlined in	54056
Chapter 118. of the Revised Code and of school districts as	54057
outlined in Chapter 3316. of the Revised Code; development of	54058
preliminary accounting reports; performance of annual forecasts;	54059
provision of performance audits; and supervisory, accounting, or	54060
auditing services for the mentioned public entities and school	54061
districts. The unencumbered balance of appropriation item 070-403,	54062
Fiscal Watch/Emergency Technical Assistance, at the end of fiscal	54063
year 2004 is transferred to fiscal year 2005 for use under the	54064
same appropriation item.	54065

ELECTRONIC DATA PROCESSING

54066

The unencumbered balance of appropriation item 070-405,	54067
Electronic Data Processing - Auditing and Administration, at the	54068
end of fiscal year 2004 is transferred to fiscal year 2005 for use	54069
under the same appropriation item.	54070

UNIFORM ACCOUNTING NETWORK/TECHNOLOGY IMPROVEMENTS FUND

54071

The foregoing appropriation item 070-406, Uniform Accounting	54072
Network/Technology Improvements Fund, shall be used to pay the	54073
costs of developing and implementing the Uniform Accounting	54074
Network and technology improvements for the Office of the Auditor	54075
of State. The unencumbered balance of the appropriation at the end	54076
of fiscal year 2004 is transferred to fiscal year 2005 to pay the	54077
costs of developing and implementing the Uniform Accounting	54078
Network and technology improvements for the Office of the Auditor	54079
of State.	54080

Section 22. BRB BOARD OF BARBER EXAMINERS

54081

General Services Fund Group

54082

4K9	877-609	Operating Expenses	$	535,853	$	555,037	54083
TOTAL GSF General Services Fund							54084
Group			$	535,853	$	555,037	54085
TOTAL ALL BUDGET FUND GROUPS			$	535,853	$	555,037	54086

Section 23. OBM OFFICE OF BUDGET AND MANAGEMENT

54088

General Revenue Fund

54089

GRF	042-321	Budget Development and Implementation	$	2,787,913	$	2,850,687	54090
GRF	042-409	Commission Closures	$	95,000	$	0	54091
GRF	042-410	National Association Dues	$	27,089	$	27,902	54092
GRF	042-412	Audit of Auditor of State	$	49,450	$	51,000	54093
TOTAL GRF General Revenue Fund			$	2,959,452	$	2,929,589	54094

General Services Fund Group

54095

105	042-603		State Accounting		$	9,131,651		$	9,375,862		54096
TOTAL GSF General Services Fund Group					$	9,131,651		$	9,375,862		54097

State Special Revenue Fund Group

54098

5N4	042-602	OAKS Project Implementation	$	2,062,875	$	2,069,125	54099
TOTAL SSR State Special Revenue Fund Group			$	2,062,875	$	2,069,125	54100
TOTAL ALL BUDGET FUND GROUPS			$	14,153,978	$	14,374,576	54101

STATE SERVICES REVIEW

54102

Of the forgoing appropriation item, 042-321, Budget	54103
Development and Implementation, $495,444 in fiscal year 2004 and	54104
$495,443 in fiscal year 2005 shall be used to support the duties	54105
described in the sections of this act entitled "State Services	54106
Review."	54107

AUDIT COSTS

54108

Of the foregoing appropriation item 042-603, State	54109
Accounting, not more than $400,000 in fiscal year 2004 and	54110
$415,000 in fiscal year 2005 shall be used to pay for centralized	54111
audit costs associated with either Single Audit Schedules or	54112
financial statements prepared in conformance with generally	54113
accepted accounting principles for the state.	54114

Section 24. CSR CAPITOL SQUARE REVIEW AND ADVISORY BOARD

54115

General Revenue Fund

54116

GRF	874-321		Operating Expenses		$	2,553,662		$	2,534,329		54117
TOTAL GRF General Revenue Fund					$	2,553,662		$	2,534,329		54118

General Services Fund Group

54119

4G5	874-603	Capitol Square Maintenance Expenses	$	15,000	$	15,000	54120
4S7	874-602	Statehouse Gift Shop/Events	$	770,484	$	770,484	54121
TOTAL GSF General Services							54122
Fund Group			$	785,484	$	785,484	54123

Underground Parking Garage

54124

208	874-601	Underground Parking Garage Operating	$	2,996,801	$	2,959,721	54125
TOTAL UPG Underground Parking							54126
Garage			$	2,996,801	$	2,959,721	54127
TOTAL ALL BUDGET FUND GROUPS			$	6,335,947	$	6,279,534	54128

Section 25. SCR STATE BOARD OF CAREER COLLEGES AND SCHOOLS

54130

General Services Fund Group

54131

4K9	233-601	Operating Expenses	$	404,025	$	431,525	54132
TOTAL GSF General Services Fund Group			$	404,025	$	431,525	54133
TOTAL ALL BUDGET FUND GROUPS			$	404,025	$	431,525	54134

Section 26. CDP CHEMICAL DEPENDENCY PROFESSIONALS BOARD

54136

General Services Fund Group

54137

4K9	930-609	Operating Expenses	$	225,000	$	450,000	54138
TOTAL GSF General Services Fund Group			$	225,000	$	450,000	54139
TOTAL ALL BUDGET FUND GROUPS			$	225,000	$	450,000	54140

Notwithstanding any other law to the contrary, upon	54141
certification by the Director of Administrative Services, the	54142
Director of Budget and Management may transfer cash in an amount	54143
not to exceed the fiscal year 2004 appropriation from Fund 5P1	54144
(Credentialing Fund) to Fund 4K9 (Occupational Licensing). The	54145
amount transferred is hereby appropriated. The cash shall be used	54146
to pay expenses related to establishing the Chemical Dependency	54147
Professionals Board, including, but not limited to, travel	54148
reimbursement of board members.	54149

Upon completion of the transition of the Department of	54150
Alcohol and Drug Addiction's certificates and credentials issuance	54151
program to the Chemical Dependency Professionals Board, the	54152
Director of Alcohol and Drug Addiction Services shall certify to	54153
the Director of Budget and Management the remaining cash in Fund	54154
5P1 (Credentialing Fund). The Director of Budget and Management	54155
shall transfer the certified balance from Fund 5P1 to Fund 4K9	54156
(Occupational Licensing). This transition shall be completed in	54157
accordance with Section 5 of Am. Sub. H.B. 496 of the 124th	54158
General Assembly.	54159

Section 27. CHR STATE BOARD OF CHIROPRACTIC EXAMINERS

54160

General Services Fund Group

54161

4K9	878-609	Operating Expenses	$	591,724	$	591,724	54162
TOTAL GSF General Services Fund							54163
Group			$	591,724	$	591,724	54164
TOTAL ALL BUDGET FUND GROUPS			$	591,724	$	591,724	54165

CHIROPRACTIC LICENSE EXAMINATION REQUIREMENTS

54166

If the State Chiropractic Board refused to issue a license to	54167
practice chiropractic to an individual solely because the	54168
individual did not meet the examination requirements of division	54169
(B)(4)(b) or (c) of section 4734.20 of the Revised Code, as	54170
specified on and after the effective date of Am. Sub. H.B. 506 of	54171
the 123rd General Assembly but before the effective date of this	54172
section, the Board shall reconsider the application and issue or	54173
refuse to issue a license according to the examination	54174
requirements specified in division (B)(4)(b) or (c) of section	54175
4734.20 of the Revised Code, as amended by this act.	54176

Section 28. CIV OHIO CIVIL RIGHTS COMMISSION

54177

General Revenue Fund

54178

GRF	876-100	Personal Services	$	7,000,000	$	7,000,000	54179
GRF	876-200	Maintenance	$	400,000	$	400,000	54180
GRF	876-300	Equipment	$	91,298	$	91,298	54181
TOTAL GRF General Revenue Fund			$	7,491,298	$	7,491,298	54182

Federal Special Revenue Fund Group

54183

334	876-601	Federal Programs	$	3,965,000	$	3,790,000	54184
TOTAL FED Federal Special Revenue							54185
Fund Group			$	3,965,000	$	3,790,000	54186

State Special Revenue Fund Group

54187

217	876-604	General Reimbursement	$	20,951	$	20,951	54188
TOTAL SSR State Special							54189
Revenue Fund Group			$	20,951	$	20,951	54190
TOTAL ALL BUDGET FUND GROUPS			$	11,477,249	$	11,302,249	54191

Section 29. COM DEPARTMENT OF COMMERCE

54193

General Revenue Fund

54194

GRF	800-402	Grants-Volunteer Fire Departments	$	647,953	$	647,953	54195
GRF	800-410	Labor and Worker Safety	$	3,700,040	$	3,725,040	54196
Total GRF General Revenue Fund			$	4,347,993	$	4,372,993	54197

General Services Fund Group

54198

163	800-620	Division of Administration	$	3,385,803	$	3,490,056	54199
163	800-637	Information Technology	$	4,982,851	$	5,001,315	54200
5F1	800-635	Small Government Fire Departments	$	250,000	$	250,000	54201
TOTAL GSF General Services Fund							54202
Group			$	8,618,654	$	8,741,371	54203

Federal Special Revenue Fund Group

54204

348	800-622	Underground Storage Tanks	$	195,008	$	195,008	54205
348	800-624	Leaking Underground Storage Tanks	$	1,850,000	$	1,850,000	54206
349	800-626	OSHA Enforcement	$	1,527,750	$	1,604,140	54207
TOTAL FED Federal Special Revenue							54208
Fund Group			$	3,572,758	$	3,649,148	54209

State Special Revenue Fund Group

54210

4B2	800-631	Real Estate Appraisal Recovery	$	60,000	$	60,000	54211
4H9	800-608	Cemeteries	$	273,465	$	273,465	54212
4L5	800-609	Fireworks Training and Education	$	10,976	$	10,976	54213
4X2	800-619	Financial Institutions	$	1,760,798	$	1,940,843	54214
5B9	800-632	PI & Security Guard Provider	$	1,188,716	$	1,188,716	54215
5K7	800-621	Penalty Enforcement	$	50,000	$	50,000	54216
543	800-602	Unclaimed Funds-Operating	$	7,051,051	$	7,051,051	54217
543	800-625	Unclaimed Funds-Claims	$	25,512,867	$	25,512,867	54218
544	800-612	Banks	$	6,657,997	$	6,657,997	54219
545	800-613	Savings Institutions	$	2,765,618	$	2,894,330	54220
546	800-610	Fire Marshal	$	11,723,994	$	11,787,994	54221
547	800-603	Real Estate Education/Research	$	250,000	$	250,000	54222
548	800-611	Real Estate Recovery	$	100,000	$	100,000	54223
549	800-614	Real Estate	$	3,586,754	$	3,705,892	54224
550	800-617	Securities	$	4,600,000	$	4,800,000	54225
552	800-604	Credit Union	$	2,613,356	$	2,751,852	54226
553	800-607	Consumer Finance	$	3,194,787	$	3,228,019	54227
556	800-615	Industrial Compliance	$	24,627,687	$	25,037,257	54228
6A4	800-630	Real Estate Appraiser-Operating	$	658,506	$	664,006	54229
653	800-629	UST Registration/Permit Fee	$	1,353,632	$	1,249,632	54230
TOTAL SSR State Special Revenue							54231
Fund Group			$	98,040,204	$	99,214,897	54232

Liquor Control Fund Group

54233

043	800-601	Merchandising	$	341,079,554	$	353,892,432	54234
043	800-627	Liquor Control Operating	$	15,278,936	$	14,012,955	54235
043	800-633	Economic Development Debt Service	$	23,277,500	$	29,029,500	54236
043	800-636	Revitalization Debt Service	$	4,747,800	$	9,736,300	54237
TOTAL LCF Liquor Control							54238
Fund Group			$	384,383,790	$	406,671,187	54239
TOTAL ALL BUDGET FUND GROUPS			$	498,963,399	$	522,649,596	54240

GRANTS-VOLUNTEER FIRE DEPARTMENTS

54241

The foregoing appropriation item 800-402, Grants-Volunteer	54242
Fire Departments, shall be used to make annual grants to volunteer	54243
fire departments of up to $10,000, or up to $25,000 if the	54244
volunteer fire department provides service for an area affected by	54245
a natural disaster. The grant program shall be administered by the	54246
Fire Marshal under the Department of Commerce. The Fire Marshal	54247
shall adopt rules necessary for the administration and operation	54248
of the grant program.	54249

LABOR AND WORKER SAFETY

54250

The Department of Commerce may designate a portion of	54251
appropriation item 800-410, Labor and Worker Safety, to be used to	54252
match federal funding for the OSHA on-site consultation program.	54253

SMALL GOVERNMENT FIRE DEPARTMENTS

54254

Upon the request of the Director of Commerce, the Director of	54255
Budget and Management shall transfer $250,000 cash in each fiscal	54256
year from the State Fire Marshal Fund (Fund 546) within the State	54257
Special Revenue Fund Group to the Small Government Fire	54258
Departments Fund (Fund 5F1) within the General Services Fund	54259
Group.	54260

Notwithstanding section 3737.17 of the Revised Code, the	54261
foregoing appropriation item 800-635, Small Government Fire	54262
Departments, may be used to provide loans to private fire	54263
departments.	54264

PENALTY ENFORCEMENT

54265

The foregoing appropriation item 800-621, Penalty	54266
Enforcement, shall be used to enforce sections 4115.03 to 4115.16	54267
of the Revised Code.	54268

UNCLAIMED FUNDS PAYMENTS

54269

The foregoing appropriation item 800-625, Unclaimed	54270
Funds-Claims, shall be used to pay claims pursuant to section	54271
169.08 of the Revised Code. If it is determined that additional	54272
amounts are necessary, the amounts are hereby appropriated.	54273

BANKS FUND (FUND 544) TRANSFER TO THE GRF

54274

On July 31, 2003, or as soon as possible thereafter, the	54275
Director of Budget and Management shall transfer $2,000,000 cash	54276
from the Banks Fund (Fund 544) to the General Revenue Fund.	54277

FIRE MARSHAL FUND (FUND 546) TRANSFER TO THE GRF

54278

On July 31, 2003, or as soon as possible thereafter, the	54279
Director of Budget and Management shall transfer $10,000,000 cash	54280
from the Fire Marshal Fund (Fund 546) to the General Revenue Fund.	54281

REAL ESTATE FUND (FUND 549) TRANSFER TO THE GRF

54282

On July 31, 2003, or as soon as possible thereafter, the	54283
Director of Budget and Management shall transfer $1,000,000 cash	54284
from the Real Estate Fund (Fund 549) to the General Revenue Fund.	54285

CONSUMER FINANCE FUND (FUND 553) TRANSFER TO THE GRF

54286

On July 31, 2003, or as soon as possible thereafter, the	54287
Director of Budget and Management shall transfer $2,000,000 cash	54288
from the Consumer Finance Fund (Fund 553) to the General Revenue	54289
Fund.	54290

INDUSTRIAL COMPLIANCE FUND (FUND 556) TRANSFER TO THE GRF

54291

On July 31, 2003, or as soon as possible thereafter, the	54292
Director of Budget and Management shall transfer $1,000,000 cash	54293
from the Industrial Compliance Fund (Fund 556), to the General	54294
Revenue Fund.	54295

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

54296

The foregoing appropriation item 800-601, Merchandising,	54297
shall be used pursuant to section 4301.12 of the Revised Code. If	54298
it is determined that additional amounts are nessary, the amounts	54299
are hereby appropriated.	54300

ECONOMIC DEVELOPMENT DEBT SERVICE

54301

The foregoing appropriation item 800-633, Economic	54302
Development Debt Service, shall be used to meet all payments at	54303
the times they are required to be made during the period from July	54304
1, 2003, to June 30, 2005, for bond service charges on obligations	54305
issued under Chapter 166. of the Revised Code. If it is determined	54306
that additional appropriations are necessary for this purpose,	54307
such amounts are hereby appropriated, subject to the limitations	54308
set forth in section 166.11 of the Revised Code. The General	54309
Assembly acknowledges that an appropriation for this purpose is	54310
not required, but is made in this form and in this act for record	54311
purposes only.	54312

REVITALIZATION DEBT SERVICE

54313

The foregoing appropriation item 800-636, Revitalization Debt	54314
Service, shall be used to pay debt service and related financing	54315
costs under sections 151.01 and 151.40 of the Revised Code during	54316
the period from July 1, 2003, to June 30, 2005. If it is	54317
determined that additional appropriations are necessary for this	54318
purpose, such amounts are hereby appropriated. The General	54319
Assembly acknowledges the priority of the pledge of a portion of	54320
receipts from that source to obligations issued and to be issued	54321
under Chapter 166. of the Revised Code.	54322

ADMINISTRATIVE ASSESSMENTS

54323

Notwithstanding any other provision of law to the contrary,	54324
Fund 163, Division of Administration, shall receive assessments	54325
from all operating funds of the department in accordance with	54326
procedures prescribed by the Director of Commerce and approved by	54327
the Director of Budget and Management.	54328

Section 30. OCC OFFICE OF CONSUMERS' COUNSEL

54329

General Services Fund Group

54330

5F5	053-601	Operating Expenses	$	9,277,519	$	9,277,519	54331
TOTAL GSF General Services Fund Group			$	9,277,519	$	9,277,519	54332
TOTAL ALL BUDGET FUND GROUPS			$	9,277,519	$	9,277,519	54333

Section 31. CEB CONTROLLING BOARD

54335

General Revenue Fund

54336

GRF	911-401	Emergency Purposes/Contingencies	$	5,000,000	$	5,000,000	54337
GRF	911-404	Mandate Assistance	$	1,462,500	$	1,462,500	54338
GRF	911-416	Educational Technology	$	0	$	23,000,000	54339
GRF	911-441	Ballot Advertising Costs	$	487,500	$	487,500	54340
TOTAL GRF General Revenue Fund			$	6,950,000	$	29,950,000	54341

State Special Revenue Fund Group

54342

5E2	911-601	Disaster Services	$	4,000,000	$	0	54343
TOTAL SSR State Special							54344
Revenue Fund Group			$	4,000,000	$	0	54345
TOTAL ALL BUDGET FUND GROUPS			$	10,950,000	$	29,950,000	54346

FEDERAL SHARE

54347

In transferring appropriations to or from appropriation items	54348
that have federal shares identified in this act, the Controlling	54349
Board shall add or subtract corresponding amounts of federal	54350
matching funds at the percentages indicated by the state and	54351
federal division of the appropriations in this act. Such changes	54352
are hereby appropriated.	54353

DISASTER ASSISTANCE

54354

Pursuant to requests submitted by the Department of Public	54355
Safety, the Controlling Board may approve transfers from the	54356
Emergency Purposes Fund to a Department of Public Safety General	54357
Revenue Fund appropriation item to provide funding for assistance	54358
to political subdivisions made necessary by natural disasters or	54359
emergencies. Such transfers may be requested and approved prior to	54360
the occurrence of any specific natural disasters or emergencies in	54361
order to facilitate the provision of timely assistance.	54362

SOUTHERN OHIO CORRECTIONAL FACILITY COST

54363

The Office of Criminal Justice Services and the Public	54364
Defender Commission may each request, upon approval of the	54365
Director of Budget and Management, additional funds from the	54366
Emergency Purposes Fund for costs related to the disturbance that	54367
occurred on April 11, 1993, at the Southern Ohio Correctional	54368
Facility in Lucasville, Ohio.	54369

DISASTER SERVICES

54370

Pursuant to requests submitted by the Department of Public	54371
Safety, the Controlling Board may approve transfers from the	54372
foregoing appropriation item 911-601, Disaster Services, to a	54373
Department of Public Safety General Revenue Fund appropriation	54374
item to provide for assistance to political subdivisions made	54375
necessary by natural disasters or emergencies. These transfers may	54376
be requested and approved prior to the occurrence of any specific	54377
natural disasters or emergencies in order to facilitate the	54378
provision of timely assistance. The Emergency Management Agency of	54379
the Department of Public Safety shall use the funding for disaster	54380
aid requests that meet the Emergency Management Agency's criteria	54381
for assistance.	54382

The foregoing appropriation item 911-601, Disaster Services,	54383
shall be used by the Controlling Board, pursuant to requests	54384
submitted by state agencies, to transfer cash and appropriation	54385
authority to any fund and appropriation item for the payment of	54386
state agency program expenses as follows:	54387

(A) The southern Ohio flooding, referred to as	54388
FEMA-DR-1164-OH;	54389

(B) The flood/storm disaster referred to as FEMA-DR-1227-OH;

54390

(C) The Southern Ohio flooding, referred to as	54391
FEMA-DR-1321-OH;	54392

(D) The flooding referred to as FEMA-DR-1339-OH;

54393

(E) The tornado/storms referred to as FEMA-DR-1343-OH;

54394

(F) Other disasters declared by the Governor, if the Director	54395
of Budget and Management determines that sufficient funds exist	54396
beyond the expected program costs of these disasters.	54397

The unencumbered balance of appropriation item 911-601,	54398
Disaster Services, at the end of fiscal year 2004 is transferred	54399
to fiscal year 2005 for use under the same appropriation item.	54400

MANDATE ASSISTANCE

54401

(A) The foregoing appropriation item 911-404, Mandate	54402
Assistance, shall be used to provide financial assistance to local	54403
units of government, school districts, and fire departments for	54404
the cost of the following three unfunded state mandates:	54405

(1) The cost to county prosecutors for prosecuting certain	54406
felonies that occur on the grounds of state institutions operated	54407
by the Department of Rehabilitation and Correction and the	54408
Department of Youth Services;	54409

(2) The cost, primarily to small villages and townships, of	54410
providing firefighter training and equipment or gear;	54411

(3) The cost to school districts of in-service training for	54412
child abuse detection.	54413

(B) The Department of Commerce, the Office of Criminal	54414
Justice Services, and the Department of Education may prepare and	54415
submit to the Controlling Board one or more requests to transfer	54416
appropriations from appropriation item 911-404, Mandate	54417
Assistance. The state agencies charged with this administrative	54418
responsibility are listed below, as well as the estimated annual	54419
amounts that may be used for each program of state financial	54420
assistance.	54421

		ADMINISTERING		ESTIMATED ANNUAL		54422
PROGRAM		AGENCY		AMOUNT		54423

Prosecution Costs	Office of Criminal	$146,500	54424
	Justice Services		54425
Firefighter Training Costs	Department of Commerce	$731,000	54426
Child Abuse Detection Training Costs	Department of Education	$585,000	54427

(C) Subject to the total amount appropriated in each fiscal	54428
year for appropriation item 911-404, Mandate Assistance, the	54429
Department of Commerce, the Office of Criminal Justice Services,	54430
and the Department of Education may request from the Controlling	54431
Board that amounts smaller or larger than these estimated annual	54432
amounts be transferred to each program.	54433

(D) In addition to making the initial transfers requested by	54434
the Department of Commerce, the Office of Criminal Justice	54435
Services, and the Department of Education, the Controlling Board	54436
may transfer appropriations received by a state agency under this	54437
section back to appropriation item 911-404, Mandate Assistance, or	54438
to one or more of the other programs of state financial assistance	54439
identified under this section.	54440

(E) It is expected that not all costs incurred by local units	54441
of government, school districts, and fire departments under each	54442
of the three programs of state financial assistance identified	54443
under this section will be fully reimbursed by the state.	54444
Reimbursement levels may vary by program and shall be based on:	54445
the relationship between the appropriation transfers requested by	54446
the Department of Commerce, the Office of Criminal Justice	54447
Services, and the Department of Education and provided by the	54448
Controlling Board for each of the programs; the rules and	54449
procedures established for each program by the administering state	54450
agency; and the actual costs incurred by local units of	54451
government, school districts, and fire departments.	54452

(F) Each of these programs of state financial assistance	54453
shall be carried out as follows:	54454

(1) PROSECUTION COSTS

54455

(a) Appropriations may be transferred to the Office of	54456
Criminal Justice Services to cover local prosecution costs for	54457
aggravated murder, murder, felonies of the first degree, and	54458
felonies of the second degree that occur on the grounds of	54459
institutions operated by the Department of Rehabilitation and	54460
Correction and the Department of Youth Services.	54461

(b) Upon a delinquency filing in juvenile court or the return	54462
of an indictment for aggravated murder, murder, or any felony of	54463
the first or second degree that was committed at a Department of	54464
Youth Services or a Department of Rehabilitation and Correction	54465
institution, the affected county may, in accordance with rules	54466
that the Office of Criminal Justice Services shall adopt, apply to	54467
the Office of Criminal Justice Services for a grant to cover all	54468
documented costs that are incurred by the county prosecutor's	54469
office.	54470

(c) Twice each year, the Office of Criminal Justice Services	54471
shall designate counties to receive grants from those counties	54472
that have submitted one or more applications in compliance with	54473
the rules that have been adopted by the Office of Criminal Justice	54474
Services for the receipt of such grants. In each year's first	54475
round of grant awards, if sufficient appropriations have been	54476
made, up to a total of $100,000 may be awarded. In each year's	54477
second round of grant awards, the remaining appropriations	54478
available for this purpose may be awarded.	54479

(d) If for a given round of grants there are insufficient	54480
appropriations to make grant awards to all the eligible counties,	54481
the first priority shall be given to counties with cases involving	54482
aggravated murder and murder; second priority shall be given to	54483
cases involving a felony of the first degree; and third priority	54484
shall be given to cases involving a felony of the second degree.	54485
Within these priorities, the grant awards shall be based on the	54486
order in which the applications were received, except that	54487
applications for cases involving a felony of the first or second	54488
degree shall not be considered in more than two consecutive rounds	54489
of grant awards.	54490

(2) FIREFIGHTER TRAINING COSTS

54491

Appropriations may be transferred to the Department of	54492
Commerce for use as full or partial reimbursement to local units	54493
of government and fire departments for the cost of firefighter	54494
training and equipment or gear. In accordance with rules that the	54495
department shall adopt, a local unit of government or fire	54496
department may apply to the department for a grant to cover all	54497
documented costs that are incurred to provide firefighter training	54498
and equipment or gear. The department shall make grants within the	54499
limits of the funding provided, with priority given to fire	54500
departments that serve small villages and townships.	54501

(3) CHILD ABUSE DETECTION TRAINING COSTS

54502

Appropriations may be transferred to the Department of	54503
Education for disbursement to local school districts as full or	54504
partial reimbursement for the cost of providing in-service	54505
training for child abuse detection. In accordance with rules that	54506
the department shall adopt, a local school district may apply to	54507
the department for a grant to cover all documented costs that are	54508
incurred to provide in-service training for child abuse detection.	54509
The department shall make grants within the limits of the funding	54510
provided.	54511

(G) Any moneys allocated within appropriation item 911-404,	54512
Mandate Assistance, not fully utilized may, upon application of	54513
the Ohio Public Defender Commission, and with the approval of the	54514
Controlling Board, be disbursed to boards of county commissioners	54515
to provide additional reimbursement for the costs incurred by	54516
counties in providing defense to indigent defendants pursuant to	54517
Chapter 120. of the Revised Code.	54518

The amount to be disbursed to each county shall be allocated	54519
proportionately on the basis of the total amount of reimbursement	54520
paid to each county as a percentage of the amount of reimbursement	54521
paid to all of the counties during the most recent state fiscal	54522
year for which data is available and as calculated by the Ohio	54523
Public Defender Commission.	54524

EDUCATIONAL TECHNOLOGY

54525

Of the foregoing appropriation item 911-416, Educational	54526
Technology, up to $23,000,000 in fiscal year 2005 may be	54527
transferred by the Director of Budget and Management to the Ohio	54528
Department of Education based on the Ohio Technology Integration	54529
Task Force Plan pursuant to the section entitled "Ohio Technology	54530
Integration Task Force" of this act.	54531

BALLOT ADVERTISING COSTS

54532

Pursuant to requests submitted by the Ohio Ballot Board, the	54533
Controlling Board shall approve transfers from the foregoing	54534
appropriation item 911-441, Ballot Advertising Costs, to an Ohio	54535
Ballot Board appropriation item in order to reimburse county	54536
boards of elections for the cost of public notices associated with	54537
statewide ballot initiatives.	54538

Of the foregoing appropriation item 911-441, Ballot	54539
Advertising Costs, the Director of Budget and Management shall	54540
transfer any amounts that are not needed for the purpose of	54541
reimbursing county boards of elections for the cost of public	54542
notices associated with statewide ballot initiatives to	54543
appropriation item 911-404, Mandate Assistance.	54544

Section 32. COS STATE BOARD OF COSMETOLOGY

54545

General Services Fund Group

54546

4K9	879-609	Operating Expenses	$	2,681,359	$	2,822,359	54547
TOTAL GSF General Services Fund							54548
Group			$	2,681,359	$	2,822,359	54549
TOTAL ALL BUDGET FUND GROUPS			$	2,681,359	$	2,822,359	54550

Section 33. CSW COUNSELOR, SOCIAL WORKER, AND MARRIAGE AND	54552
FAMILY THERAPIST BOARD	54553

General Services Fund Group

54554

4K9	899-609	Operating Expenses	$	1,021,524	$	1,044,812	54555
TOTAL GSF General Services Fund							54556
Group			$	1,021,524	$	1,044,812	54557
TOTAL ALL BUDGET FUND GROUPS			$	1,021,524	$	1,044,812	54558

Section 34. CLA COURT OF CLAIMS

54560

General Revenue Fund

54561

GRF	015-321		Operating Expenses		$	2,452,000		$	2,477,000		54562
TOTAL GRF General Revenue Fund					$	2,452,000		$	2,477,000		54563

State Special Revenue Fund Group

54564

5K2	015-603	CLA Victims of Crime	$	1,532,043	$	1,582,684	54565
TOTAL SSR State Special Revenue							54566
Fund Group			$	1,532,043	$	1,582,684	54567
TOTAL ALL BUDGET FUND GROUPS			$	3,984,043	$	4,059,684	54568

OFFICE SPACE RENTAL EXPENSES

54569

Of the foregoing appropriation item 015-321, Operating	54570
Expenses, in fiscal year 2005, upon approval of the Controlling	54571
Board, the Court of Claims may expend up to $302,000 for the	54572
purpose of paying fiscal year 2005 office space rental expenses.	54573

Section 36. DEN STATE DENTAL BOARD

54574

General Services Fund Group

54575

4K9	880-609	Operating Expenses	$	1,324,456	$	1,346,656	54576
TOTAL GSF General Services Fund							54577
Group			$	1,324,456	$	1,346,656	54578
TOTAL ALL BUDGET FUND GROUPS			$	1,324,456	$	1,346,656	54579

Section 37. BDP BOARD OF DEPOSIT

54581

General Services Fund Group

54582

4M2	974-601	Board of Deposit	$	838,000	$	838,000	54583
TOTAL GSF General Services Fund							54584
Group			$	838,000	$	838,000	54585
TOTAL ALL BUDGET FUND GROUPS			$	838,000	$	838,000	54586

BOARD OF DEPOSIT EXPENSE FUND

54587

Upon receiving certification of expenses from the Treasurer	54588
of State, the Director of Budget and Management shall transfer	54589
cash from the Investment Earnings Redistribution Fund (Fund 608)	54590
to the Board of Deposit Expense Fund (Fund 4M2). The latter fund	54591
shall be used to pay for banking charges and fees required for the	54592
operation of the State of Ohio Regular Account.	54593

Section 38. DEV DEPARTMENT OF DEVELOPMENT

54594

General Revenue Fund

54595

GRF	195-321	Operating Expenses	$	2,695,236	$	3,020,115	54596
GRF	195-401	Thomas Edison Program	$	16,334,934	$	16,334,934	54597
GRF	195-404	Small Business Development	$	1,740,722	$	1,740,722	54598
GRF	195-405	Minority Business Development Division	$	1,620,755	$	1,669,378	54599
GRF	195-407	Travel and Tourism	$	4,549,345	$	4,549,345	54600
GRF	195-412	Business Development Grants	$	8,905,530	$	8,905,530	54601
GRF	195-414	First Frontier Match	$	389,987	$	389,987	54602
GRF	195-415	Economic Development Division and Regional Offices	$	5,594,975	$	5,594,975	54603
GRF	195-416	Governor's Office of Appalachia	$	4,372,324	$	4,372,324	54604
GRF	195-417	Urban/Rural Initiative	$	589,390	$	589,390	54605
GRF	195-422	Third Frontier Action Fund	$	13,790,000	$	13,790,000	54606
GRF	195-426	Clean Ohio Administration	$	518,730	$	518,730	54607
GRF	195-432	International Trade	$	4,492,713	$	4,492,713	54608
GRF	195-434	Investment in Training Grants	$	12,227,500	$	12,227,500	54609
GRF	195-436	Labor/Management Cooperation	$	811,869	$	811,869	54610
GRF	195-497	CDBG Operating Match	$	1,107,400	$	1,107,400	54611
GRF	195-498	State Energy Match	$	100,000	$	100,000	54612
GRF	195-501	Appalachian Local Development Districts	$	380,080	$	380,080	54613
GRF	195-502	Appalachian Regional Commission Dues	$	238,274	$	246,803	54614
GRF	195-507	Travel and Tourism Grants	$	780,000	$	780,000	54615
GRF	195-905	Third Frontier Research & Commercialization General Obligation Debt Service	$	0	$	7,360,000	54616
TOTAL GRF General Revenue Fund			$	81,239,764	$	88,981,795	54617

General Services Fund Group

54618

135	195-605	Supportive Services	$	7,417,068	$	7,539,686	54619
136	195-621	International Trade	$	24,915	$	24,915	54620
685	195-636	General Reimbursements	$	1,316,012	$	1,232,530	54621
TOTAL GSF General Services Fund							54622
Group			$	8,757,995	$	8,797,131	54623

Federal Special Revenue Fund Group

54624

3K8	195-613	Community Development Block Grant	$	65,000,000	$	65,000,000	54625
3K9	195-611	Home Energy Assistance Block Grant	$	85,036,000	$	85,036,000	54626
3K9	195-614	HEAP Weatherization	$	16,219,479	$	16,219,479	54627
3L0	195-612	Community Services Block Grant	$	25,235,000	$	25,235,000	54628
3V1	195-601	HOME Program	$	40,000,000	$	40,000,000	54629
308	195-602	Appalachian Regional Commission	$	350,200	$	350,200	54630
308	195-603	Housing and Urban Development	$	5,000,000	$	5,000,000	54631
308	195-605	Federal Projects	$	15,300,248	$	15,300,248	54632
308	195-609	Small Business Administration	$	4,196,381	$	4,296,381	54633
308	195-618	Energy Federal Grants	$	3,397,659	$	3,397,659	54634
335	195-610	Oil Overcharge	$	8,500,000	$	8,500,000	54635
380	195-622	Housing Development Operating	$	5,606,080	$	5,667,627	54636
TOTAL FED Federal Special Revenue							54637
Fund Group			$	273,841,047	$	274,002,594	54638

State Special Revenue Fund Group

54639

4F2	195-639	State Special Projects	$	540,183	$	290,183	54640
4H4	195-641	First Frontier	$	500,000	$	500,000	54641
4S0	195-630	Enterprise Zone Operating	$	211,900	$	211,900	54642
4S1	195-634	Job Creation Tax Credit Operating	$	375,800	$	375,800	54643
4W1	195-646	Minority Business Enterprise Loan	$	2,580,597	$	2,580,597	54644
444	195-607	Water and Sewer Commission Loans	$	523,775	$	523,775	54645
445	195-617	Housing Finance Operating	$	5,040,843	$	4,983,738	54646
450	195-624	Minority Business Bonding Program Administration	$	13,563	$	13,563	54647
451	195-625	Economic Development Financing Operating	$	2,358,310	$	2,358,310	54648
5M4	195-659	Universal Service	$	170,000,000	$	170,000,000	54649
5M5	195-660	Energy Efficiency Revolving Loan	$	12,000,000	$	12,000,000	54650
611	195-631	Water and Sewer Administration	$	15,713	$	15,713	54651
617	195-654	Volume Cap Administration	$	200,000	$	200,000	54652
646	195-638	Low and Moderate Income Housing Trust Fund	$	40,000,000	$	40,000,000	54653
TOTAL SSR State Special Revenue							54654
Fund Group			$	234,360,684	$	234,053,579	54655

Facilities Establishment Fund Group

54656

037	195-615	Facilities Establishment	$	63,931,149	$	63,931,149	54657
4Z6	195-647	Rural Industrial Park Loan	$	5,000,000	$	5,000,000	54658
5D2	195-650	Urban Redevelopment Loans	$	10,475,000	$	10,475,000	54659
5H1	195-652	Family Farm Loan Guarantee	$	1,500,000	$	1,500,000	54660
5S8	195-627	Rural Development Initiative	$	5,000,000	$	5,000,000	54661
5S9	195-628	Capital Access Loan Program	$	3,000,000	$	3,000,000	54662
TOTAL 037 Facilities							54663
Establishment Fund Group			$	88,906,149	$	88,906,149	54664

Clean Ohio Revitalization Fund

54665

003	195-663		Clean Ohio Operating		$	150,000		$	150,000		54666
TOTAL 003 Clean Ohio Revitalization Fund					$	150,000		$	150,000		54667

TOTAL ALL BUDGET FUND GROUPS

687,255,639

694,891,248

54668

Section 38.01. THOMAS EDISON PROGRAM

54670

The foregoing appropriation item 195-401, Thomas Edison	54671
Program, shall be used for the purposes of sections 122.28 to	54672
122.38 of the Revised Code in order to provide funds for	54673
cooperative public and private efforts in technological innovation	54674
to promote the development and transfer of technology by and to	54675
Ohio businesses that will lead to the creation of jobs, and to	54676
provide for the administration of this program by the Technology	54677
Division.	54678

Of the foregoing appropriation item 195-401, Thomas Edison	54679
Program, not more than $2,000,000 in fiscal year 2004 and	54680
$2,300,000 in fiscal year 2005 shall be used for operating	54681
expenditures in administering the programs of the Technology	54682
Division.	54683

Section 38.02. SMALL BUSINESS DEVELOPMENT

54684

The foregoing appropriation item 195-404, Small Business	54685
Development, shall be used to ensure that the unique needs and	54686
concerns of small businesses are addressed.	54687

The foregoing appropriation item 195-404, Small Business	54688
Development, may be used to provide grants to local organizations	54689
to support the operation of Small Business Development Centers and	54690
other local economic development activity promoting small	54691
business, and for the cost of administering the small business	54692
development center program. The centers shall provide technical,	54693
financial, and management consultation for small business and	54694
shall facilitate access to state and federal programs. These funds	54695
shall be used as matching funds for grants from the United States	54696
Small Business Administration and other federal agencies, pursuant	54697
to Public Law No. 96-302 (1980) as amended by Public Law No.	54698
98-395 (1984), and regulations and policy guidelines for the	54699
programs under this law.	54700

In addition, the Office of Small Business may operate the	54701
1st-Stop Business Connection and implement and coordinate the	54702
duties imposed on the Department of Development by Am. Sub. S.B.	54703
239 of the 115th General Assembly.	54704

MINORITY BUSINESS DEVELOPMENT DIVISION

54705

Of the foregoing appropriation item 195-405, Minority	54706
Business Development Division, up to $1,060,000 but not less than	54707
$954,000 in each fiscal year shall be used to fund minority	54708
contractors and business assistance organizations. The Minority	54709
Business Development Division shall determine which cities need	54710
minority contractors and business assistance organizations by	54711
utilizing United States Census Bureau data and zip codes to locate	54712
the highest concentrations of minority businesses. The Minority	54713
Business Development Division also shall determine the numbers of	54714
minority contractors and business assistance organizations	54715
necessary and the amount of funding to be provided each. In	54716
addition, the Minority Business Development Division shall	54717
continue to plan and implement business conferences.	54718

Section 38.04. BUSINESS DEVELOPMENT

54719

The foregoing appropriation item 195-412, Business	54720
Development Grants, shall be used as an incentive for attracting	54721
and retaining business opportunities for the state. Any such	54722
business opportunity, whether new, expanding, or relocating in	54723
Ohio, is eligible for funding. The project must create or retain a	54724
significant number of jobs for Ohioans. Grant awards may be	54725
considered only when (1) the project's viability hinges on an	54726
award of funds from appropriation item 195-412, Business	54727
Development Grants; (2) all other public or private sources of	54728
financing have been considered; or (3) the funds act as a catalyst	54729
for the infusion into the project of other financing sources.	54730

The department's primary goal shall be to award funds to	54731
political subdivisions of the state for off-site infrastructure	54732
improvements. In order to meet the particular needs of economic	54733
development in a region, the department may elect to award funds	54734
directly to a business for on-site infrastructure improvements.	54735
"Infrastructure improvements" mean improvements to water system	54736
facilities, sewer and sewage treatment facilities, electric or gas	54737
service facilities, fiber optic facilities, rail facilities, site	54738
preparation, and parking facilities. The Director of Development	54739
may recommend the funds be used in an alternative manner when	54740
deemed appropriate to meet an extraordinary economic development	54741
opportunity or need.	54742

The foregoing appropriation item 195-412, Business	54743
Development Grants, may be expended only after the submission of a	54744
request to the Controlling Board by the Department of Development	54745
outlining the planned use of the funds, and the subsequent	54746
approval of the request by the Controlling Board.	54747

The foregoing appropriation item 195-412, Business	54748
Development Grants, may be used for, but is not limited to,	54749
construction, rehabilitation, and acquisition projects for rail	54750
freight assistance as requested by the Department of	54751
Transportation. The Director of Transportation shall submit the	54752
proposed projects to the Director of Development for an evaluation	54753
of potential economic benefit.	54754

Section 38.05. FIRST FRONTIER MATCH

54755

The foregoing appropriation item 195-414, First Frontier	54756
Match, shall be used as matching funds to targeted counties for	54757
the purpose of marketing state, regional, and local	54758
characteristics that may attract economic development. "Targeted	54759
counties" mean counties that have a population of less than	54760
175,000 residents. The appropriation may be used either for	54761
marketing programs by individual targeted counties or for regional	54762
marketing campaigns that are marketing programs in which at least	54763
one targeted county is participating with one or more other	54764
targeted counties or larger counties.	54765

ECONOMIC DEVELOPMENT DIVISION AND REGIONAL OFFICES

54766

The foregoing appropriation item 195-415, Economic	54767
Development Division and Regional Offices, shall be used for the	54768
operating expenses of the Economic Development Division and the	54769
regional economic development offices and for grants for	54770
cooperative economic development ventures.	54771

Section 38.06. GOVERNOR'S OFFICE OF APPALACHIA

54772

The foregoing appropriation item 195-416, Governor's Office	54773
of Appalachia, shall be used for the administrative costs of	54774
planning and liaison activities for the Governor's Office of	54775
Appalachia. Funds not expended for planning and liaison activities	54776
may be expended for special project grants within the Appalachian	54777
Region.	54778

Of the foregoing appropriation item 195-416, Governor's	54779
Office of Appalachia, up to $250,000 each fiscal year shall be	54780
used to match federal funds from the Appalachian Regional	54781
Commission to provide job training to impact the Appalachian	54782
Region.	54783

URBAN/RURAL INITIATIVE

54784

The foregoing appropriation item 195-417, Urban/Rural	54785
Initiative, shall be used to make grants in accordance with	54786
sections 122.19 to 122.22 of the Ohio Revised Code.	54787

Section 38.07. THIRD FRONTIER ACTION FUND

54788

The foregoing appropriation item 195-422, Third Frontier	54789
Action Fund, shall be used to make grants in accordance with	54790
sections 184.01 and 184.02 of the Revised Code. Prior to the	54791
release of funds from appropriation item 195-422, Third Frontier	54792
Action Fund, each grant award shall be recommended for funding by	54793
the Third Frontier Commission and obtain approval from the	54794
Controlling Board.	54795

Of the foregoing appropriation item 195-422, Third Frontier	54796
Action Fund, not more than six per cent in each fiscal year shall	54797
be used for operating expenditures in administering the program.	54798

In addition to the six per cent for operating expenditures,	54799
an additional administrative amount, not to exceed $1,500,000	54800
within the biennium, shall be available for proposal evaluation,	54801
research and analyses, and marketing efforts deemed necessary to	54802
receive and disseminate information about science and	54803
technology-related opportunities in the state.	54804

SCIENCE AND TECHNOLOGY COLLABORATION

54805

The Department of Development shall work in close	54806
collaboration with the Board of Regents, Air Quality Development	54807
Authority, and the Third Frontier Commission in relation to	54808
appropriation items and programs listed in the following	54809
paragraph, and other technology-related appropriations and	54810
programs in the Department of Development and the Board of Regents	54811
as those agencies may designate, to ensure implementation of a	54812
coherent state strategy with respect to science and technology.	54813

Each of the following appropriations and programs: 195-401,	54814
Thomas Edison Program; 898-402, Coal Development Office; 195-422,	54815
Third Frontier Action Fund; 898-632, Coal Research and Development	54816
Fund; 235-454, Research Challenge; 235-510, Ohio Supercomputer	54817
Center; 235-527, Ohio Aerospace Institute; 235-535, Agricultural	54818
Research and Development Center; 235-553, Dayton Area Graduate	54819
Studies Institute; 235-554, Computer Science Graduate Education;	54820
235-556, Ohio Academic Resources Network; and 195-405, Biomedical	54821
Research and Technology Transfer Trust, shall be reviewed annually	54822
by the Third Frontier Commission with respect to its development	54823
of complementary relationships within a combined state science and	54824
technology investment portfolio and its overall contribution to	54825
the state's science and technology strategy, including the	54826
adoption of appropriately consistent criteria for: (1) the	54827
scientific merit of activities supported by the program; (2) the	54828
relevance of the program's activities to commercial opportunities	54829
in the private sector; (3) the private sector's involvement in a	54830
process that continually evaluates commercial opportunities to use	54831
the work supported by the program; and (4) the ability of the	54832
program and recipients of grant funding from the program to engage	54833
in activities that are collaborative, complementary, and efficient	54834
with respect to the expenditure of state funds.	54835

All programs listed in the preceding paragraph shall provide	54836
annual reports to the Third Frontier Commission discussing	54837
existing, planned, or possible collaborations between programs and	54838
recipients of grant funding related to technology, development,	54839
commercialization, and supporting Ohio's economic development. The	54840
annual review by the Third Frontier Commission shall be a	54841
comprehensive review of the entire state science and technology	54842
program portfolio rather than a review of individual programs.	54843

Section 38.08. INTERNATIONAL TRADE

54844

The foregoing appropriation item 195-432, International	54845
Trade, shall be used to operate and to maintain Ohio's	54846
out-of-state trade offices.	54847

The Director of Development may enter into contracts with	54848
foreign nationals to staff foreign offices. Such contracts may be	54849
paid in local currency or United States currency and shall be	54850
exempt from the provisions of section 127.16 of the Revised Code.	54851
The director also may establish foreign currency accounts in	54852
accordance with section 122.05 of the Revised Code for the payment	54853
of expenses related to the operation and maintenance of the	54854
foreign trade offices.	54855

The foregoing appropriation item 195-432, International	54856
Trade, shall be used to fund the International Trade Division and	54857
to assist Ohio manufacturers and agricultural producers in	54858
exporting to foreign countries in conjunction with the Department	54859
of Agriculture.	54860

Of the foregoing appropriation item 195-432, International	54861
Trade, up to $35,000 may be used to purchase gifts for	54862
representatives of foreign governments or dignitaries of foreign	54863
countries.	54864

Section 38.09. OHIO INVESTMENT IN TRAINING PROGRAM

54865

The foregoing appropriation item 195-434, Investment in	54866
Training Grants, shall be used to promote training through grants	54867
for the reimbursement of eligible training expenses.	54868

Section 38.10. CDBG OPERATING MATCH

54869

The foregoing appropriation item 195-497, CDBG Operating	54870
Match, shall be used to provide matching funds as requested by the	54871
United States Department of Housing and Urban Development to	54872
administer the federally funded Community Development Block Grant	54873
(CDBG) program.	54874

STATE OPERATING MATCH

54875

The foregoing appropriation item 195-498, State Energy Match,	54876
shall be used to provide matching funds as required by the United	54877
States Department of Energy to administer the federally funded	54878
State Energy Plan.	54879

Section 38.11. TRAVEL AND TOURISM GRANTS

54880

The foregoing appropriation item 195-507, Travel and Tourism	54881
Grants, shall be used to provide grants to local organizations to	54882
support various local travel and tourism events in Ohio.	54883

Of the foregoing appropriation item 195-507, Travel and	54884
Tourism Grants, up to $160,000 in each fiscal year of the biennium	54885
may be used to support the outdoor dramas Trumpet in the Land,	54886
Blue Jacket, Tecumseh, and the Becky Thatcher Showboat Drama;	54887
$40,000 in each fiscal year shall be used for the Cincinnati Film	54888
Commission; $40,000 in each fiscal year shall be used for the	54889
Cleveland Film Commission; $500,000 in each fiscal year shall be	54890
used for grants to the International Center for the Preservation	54891
of Wild Animals; and $40,000 in fiscal year 2004 shall be used for	54892
the United States Senior Open in Toledo.	54893

Section 38.12. THIRD FRONTIER RESEARCH & COMMERCIALIZATION	54894
GENERAL OBLIGATION DEBT SERVICE	54895

The foregoing appropriation item 195-905, Third Frontier	54896
Research & Commercialization General Obligation Debt Service,	54897
shall be used to pay all debt service and related financing costs	54898
during the period from July 1, 2003, to June 30, 2005, on	54899
obligations to be issued for research and development purposes	54900
under Section 2p of Article VIII, Ohio Constitution, and	54901
implementing legislation. The Office of the Sinking Fund or the	54902
Director of Budget and Management shall effectuate the required	54903
payments by an intrastate transfer voucher.	54904

Section 38.13. SUPPORTIVE SERVICES

54905

The Director of Development may assess divisions of the	54906
department for the cost of central service operations. Such an	54907
assessment shall be based on a plan submitted to and approved by	54908
the Office of Budget and Management by the first day of August of	54909
each fiscal year, and contain the characteristics of	54910
administrative ease and uniform application.	54911

A division's payments shall be credited to the Supportive	54912
Services Fund (Fund 135) using an intrastate transfer voucher.	54913

GENERAL REIMBURSEMENT

54914

The foregoing appropriation item 195-636, General	54915
Reimbursements, shall be used for conference and subscription fees	54916
and other reimbursable costs. Revenues to the General	54917
Reimbursement Fund (Fund 685) shall consist of fees and other	54918
moneys charged for conferences, subscriptions, and other	54919
administrative costs that are not central service costs.	54920

Section 38.13a. TRAINING SERVICES

54921

Of the foregoing appropriation item 195-605, Federal	54922
Projects, $400,000 in each fiscal year shall be used for grants to	54923
the Ohio Weatherization Training Center, administered by the	54924
Corporation for Ohio Appalachian Development, for training and	54925
technical assistance services.	54926

Section 38.14. HEAP WEATHERIZATION

54927

Fifteen per cent of the federal funds received by the state	54928
for the Home Energy Assistance Block Grant shall be deposited in	54929
appropriation item 195-614, HEAP Weatherization (Fund 3K9), and	54930
shall be used to provide home weatherization services in the	54931
state.	54932

Of the foregoing appropriation item 195-614, HEAP	54933
Weatherization, $200,000 in each fiscal year shall be used for	54934
grants to the Ohio Weatherization Training Center, administered by	54935
the Corporation for Ohio Appalachian Development, for training and	54936
technical assistance services.	54937

STATE SPECIAL PROJECTS

54938

The foregoing appropriation item 195-639, State Special	54939
Projects, shall be used as a general account for the deposit of	54940
private-sector funds from utility companies and other	54941
miscellaneous state funds. Private-sector moneys shall be used to	54942
(1) pay the expenses of verifying the income-eligibility of HEAP	54943
applicants, (2) market economic development opportunities in the	54944
state, and (3) leverage additional federal funds. State funds	54945
shall be used to match federal housing grants for the homeless.	54946

Section 38.15. MINORITY BUSINESS ENTERPRISE LOAN

54947

All repayments from the Minority Development Financing	54948
Advisory Board loan program and the Ohio Mini-Loan Guarantee	54949
Program shall be deposited in the State Treasury to the credit of	54950
the Minority Business Enterprise Loan Fund (Fund 4W1).	54951

All operating costs of administering the Minority Business	54952
Enterprise Loan Fund shall be paid from the Minority Business	54953
Enterprise Loan Fund (Fund 4WI).	54954

MINORITY BUSINESS BONDING FUND

54955

Notwithstanding Chapters 122., 169., and 175. of the Revised	54956
Code and other provisions of Am. Sub. H.B. 283 of the 123rd	54957
General Assembly, the Director of Development may, upon the	54958
recommendation of the Minority Development Financing Advisory	54959
Board, pledge up to $10,000,000 in the 2003-2005 biennium of	54960
unclaimed funds administered by the Director of Commerce and	54961
allocated to the Minority Business Bonding Program pursuant to	54962
section 169.05 of the Revised Code. The transfer of any cash by	54963
the Director of Budget and Management from the Department of	54964
Commerce's Unclaimed Funds Fund (Fund 543) to the Department of	54965
Development's Minority Business Bonding Fund (Fund 449) shall	54966
occur, if requested by the Director of Development, only if such	54967
funds are needed for payment of losses arising from the Minority	54968
Business Bonding Program, and only after proceeds of the initial	54969
transfer of $2,700,000 by the Controlling Board to the Minority	54970
Business Bonding Program has been used for that purpose. Moneys	54971
transferred by the Director of Budget and Management from the	54972
Department of Commerce for this purpose may be moneys in custodial	54973
funds held by the Treasurer of State. If expenditures are required	54974
for payment of losses arising from the Minority Business Bonding	54975
Program, such expenditures shall be made from appropriation item	54976
195-623, Minority Business Bonding Contingency in the Minority	54977
Business Bonding Fund, and such amounts are appropriated.	54978

MINORITY BUSINESS BONDING PROGRAM ADMINISTRATION

54979

Investment earnings of the Minority Business Bonding Fund	54980
(Fund 449) shall be credited to the Minority Business Bonding	54981
Program Administration Fund (Fund 450).	54982

Section 38.16. ECONOMIC DEVELOPMENT FINANCING OPERATING

54983

The foregoing appropriation item 195-625, Economic	54984
Development Financing Operating, shall be used for the operating	54985
expenses of financial assistance programs authorized under Chapter	54986
166. of the Revised Code and under sections 122.43 and 122.45 of	54987
the Revised Code.	54988

VOLUME CAP ADMINISTRATION

54989

The foregoing appropriation item 195-654, Volume Cap	54990
Administration, shall be used for expenses related to the	54991
administration of the Volume Cap Program. Revenues received by the	54992
Volume Cap Administration Fund (Fund 617) shall consist of	54993
application fees, forfeited deposits, and interest earned from the	54994
custodial account held by the Treasurer of State.	54995

UNIVERSAL SERVICE FUND

54996

The foregoing appropriation item 195-659, Universal Service,	54997
shall be used to provide payments to regulated electric utility	54998
companies for low-income customers enrolled in Percentage of	54999
Income Payment Plan (PIPP) electric accounts, to fund targeted	55000
energy efficiency and customer education services to PIPP	55001
customers, and to cover the department's administrative costs	55002
related to the Universal Service Fund Programs.	55003

ENERGY EFFICIENCY REVOLVING LOAN FUND

55004

The foregoing appropriation item 195-660, Energy Efficiency	55005
Revolving Loan, shall be used to provide financial assistance to	55006
customers for eligible energy efficiency projects for residential,	55007
commercial and industrial business, local government, educational	55008
institution, nonprofit, and agriculture customers, and to pay for	55009
the program's administrative costs as provided in the Revised Code	55010
and rules adopted by the Director of Development.	55011

Section 38.17. FACILITIES ESTABLISHMENT FUND

55012

The foregoing appropriation item 195-615, Facilities	55013
Establishment (Fund 037), shall be used for the purposes of the	55014
Facilities Establishment Fund under Chapter 166. of the Revised	55015
Code.	55016

Notwithstanding Chapter 166. of the Revised Code, up to	55017
$1,800,000 in cash per fiscal year may be transferred from the	55018
Facilities Establishment Fund (Fund 037) to the Economic	55019
Development Financing Operating Fund (Fund 451). The transfer is	55020
subject to Controlling Board approval pursuant to division (B) of	55021
section 166.03 of the Revised Code.	55022

Notwithstanding Chapter 166. of the Revised Code, up to	55023
$20,475,000 in cash may be transferred during the biennium from	55024
the Facilities Establishment Fund (Fund 037) to the Urban	55025
Redevelopment Loans Fund (Fund 5D2) for the purpose of removing	55026
barriers to urban core redevelopment. The Director of Development	55027
shall develop program guidelines for the transfer and release of	55028
funds, including, but not limited to, the completion of all	55029
appropriate environmental assessments before state assistance is	55030
committed to a project.	55031

Notwithstanding Chapter 166. of the Revised Code, up to	55032
$5,000,000 per fiscal year in cash may be transferred from the	55033
Facilities Establishment Fund (Fund 037) to the Rural Industrial	55034
Park Loan Fund (Fund 4Z6). The transfer is subject to Controlling	55035
Board approval pursuant to section 166.03 of the Revised Code.	55036

FAMILY FARM LOAN PROGRAM

55037

Notwithstanding Chapter 166. of the Revised Code, up to	55038
$1,500,000 in each fiscal year shall be transferred from moneys in	55039
the Facilities Establishment Fund (Fund 037) to the Family Farm	55040
Loan Guarantee Fund (Fund 5H1) in the Department of Development.	55041
These moneys shall be used for loan guarantees. The transfer is	55042
subject to Controlling Board approval.	55043

Financial assistance from the Family Farm Loan Guarantee Fund	55044
(Fund 5H1) shall be repaid to Fund 5H1. This fund is established	55045
in accordance with sections 166.031, 901.80, 901.81, 901.82, and	55046
901.83 of the Revised Code.	55047

When the Family Farm Loan Guarantee Fund (Fund 5H1) ceases to	55048
exist, all outstanding balances, all loan repayments, and any	55049
other outstanding obligations shall revert to the Facilities	55050
Establishment Fund (Fund 037).	55051

RURAL DEVELOPMENT INITIATIVE FUND

55052

(A)(1) The Rural Development Initiative Fund (Fund 5S8) shall	55053
receive moneys from the Facilities Establishment Fund (Fund 037).	55054
The Director of Development may make grants from the Rural	55055
Development Initiative Fund as specified in division (A)(2) of	55056
this section to eligible applicants in Appalachian counties and in	55057
rural counties in the state that are designated as distressed	55058
pursuant to section 122.25 of the Revised Code. Preference shall	55059
be given to eligible applicants located in Appalachian counties	55060
designated as distressed by the federal Appalachian Regional	55061
Commission. The Rural Development Initiative Fund (Fund 5S8) shall	55062
cease to exist after June 30, 2007. All moneys remaining in the	55063
Fund after that date shall revert to the Facilities Establishment	55064
Fund (Fund 037).	55065

(2) The Director of Development shall make grants from the	55066
Rural Development Initiative Fund (Fund 5S8) only to eligible	55067
applicants who also qualify for and receive funding under the	55068
Rural Industrial Park Loan Program as specified in sections 122.23	55069
to 122.27 of the Revised Code. Eligible applicants shall use the	55070
grants for the purposes specified in section 122.24 of the Revised	55071
Code. All projects supported by grants from the fund are subject	55072
to Chapter 4115. of the Revised Code as specified in division (E)	55073
of section 166.02 of the Revised Code. The Director shall develop	55074
program guidelines for the transfer and release of funds. The	55075
release of grant moneys to an eligible applicant is subject to	55076
Controlling Board approval.	55077

(B) Notwithstanding Chapter 166. of the Revised Code, the	55078
Director of Budget and Management may transfer up to $5,000,000	55079
per fiscal year in cash on an as needed basis at the request of	55080
the Director of Development from the Facilities Establishment Fund	55081
(Fund 037) to the Rural Development Initiative Fund (Fund 5S8).	55082
The transfer is subject to Controlling Board approval pursuant to	55083
section 166.03 of the Revised Code.	55084

CAPITAL ACCESS LOAN PROGRAM

55085

The foregoing appropriation item 195-628, Capital Access Loan	55086
Program, shall be used for operating, program, and administrative	55087
expenses of the program. Funds of the Capital Access Loan Program	55088
shall be used to assist participating financial institutions in	55089
making program loans to eligible businesses that face barriers in	55090
accessing working capital and obtaining fixed asset financing.	55091

Notwithstanding Chapter 166. of the Revised Code, the	55092
Director of Budget and Management may transfer up to $3,000,000	55093
per fiscal year in cash on an as needed basis at the request of	55094
the Director of Development from the Facilities Establishment Fund	55095
(Fund 037) to the Capital Access Loan Program Fund (Fund 5S9). The	55096
transfer is subject to Controlling Board approval pursuant to	55097
section 166.03 of the Revised Code.	55098

Section 38.18. CLEAN OHIO OPERATING EXPENSES

55099

The foregoing appropriation item 195-663, Clean Ohio	55100
Operating, shall be used by the Department of Development in	55101
administering sections 122.65 to 122.658 of the Revised Code.	55102

Section 39. OBD OHIO BOARD OF DIETETICS

55103

General Services Fund Group

55104

4K9	860-609	Operating Expenses	$	334,917	$	329,687	55105
TOTAL GSF General Services Fund							55106
Group			$	334,917	$	329,687	55107
TOTAL ALL BUDGET FUND GROUPS			$	334,917	$	329,687	55108

Section 39a. CDR COMMISSION ON DISPUTE RESOLUTION AND	55110
CONFLICT MANAGEMENT	55111

General Revenue Fund

55112

GRF	145-401		Commission on Dispute Resolution/Management		$	500,000		$	500,000		55113
TOTAL GRF General Revenue Fund					$	500,000		$	500,000		55114

General Services Fund Group

55115

4B6	145-601		Gifts and Grants		$	140,000		$	150,000		55116
TOTAL GSF General Services Fund Group					$	140,000		$	150,000		55117

Federal Special Revenue Fund Group

55118

3S6	145-602	Dispute Resolution: Federal	$	140,000	$	140,000	55119
TOTAL FED Federal Special Revenue Fund Group			$	140,000	$	140,000	55120
TOTAL ALL BUDGET FUND GROUPS			$	780,000	$	790,000	55121

COMMISSION ON DISPUTE RESOLUTION/MANAGEMENT

55122

The foregoing appropriation item 145-401, Commission on	55123
Dispute Resolution/Management, shall be used in each fiscal year	55124
by the Commission on Dispute Resolution and Conflict Management	55125
for the purpose of providing dispute resolution and conflict	55126
management training, consultation, and materials for state and	55127
local government, communities, school districts, and courts.	55128

Section 40. EDU DEPARTMENT OF EDUCATION

55129

General Revenue Fund

55130

GRF	200-100	Personal Services	$	11,110,190	$	11,332,393	55131
GRF	200-320	Maintenance and Equipment	$	5,066,249	$	5,066,249	55132
GRF	200-408	Public Preschool	$	19,018,551	$	19,018,551	55133
GRF	200-410	Professional Development	$	13,410,073	$	13,410,073	55134
GRF	200-411	Family and Children First	$	3,324,750	$	3,324,750	55135
GRF	200-420	Technical Systems Development	$	5,703,750	$	5,703,750	55136
GRF	200-421	Alternative Education Programs	$	15,760,547	$	15,760,547	55137
GRF	200-422	School Management Assistance	$	1,778,000	$	1,778,000	55138
GRF	200-424	Policy Analysis	$	592,220	$	592,220	55139
GRF	200-425	Tech Prep Consortia Support	$	2,133,213	$	2,133,213	55140
GRF	200-426	Ohio Educational Computer Network	$	34,331,741	$	34,331,741	55141
GRF	200-427	Academic Standards	$	9,000,592	$	9,000,592	55142
GRF	200-431	School Improvement Initiatives	$	10,755,625	$	10,755,625	55143
GRF	200-433	Reading/Writing Improvement	$	20,738,264	$	20,738,264	55144
GRF	200-437	Student Assessment	$	40,853,391	$	40,853,391	55145
GRF	200-439	Accountability/Report Cards	$	4,387,500	$	4,387,500	55146
GRF	200-441	American Sign Language	$	207,717	$	207,717	55147
GRF	200-442	Child Care Licensing	$	1,385,633	$	1,385,633	55148
GRF	200-445	OhioReads Admin/Volunteer Support	$	4,500,000	$	4,500,000	55149
GRF	200-446	Education Management Information System	$	16,146,469	$	16,146,469	55150
GRF	200-447	GED Testing/Adult High School	$	1,829,106	$	1,829,106	55151
GRF	200-448	Educator Preparation	$	24,375	$	24,375	55152
GRF	200-452	Teaching Success Commission Initiatives	$	1,650,000	$	1,650,000	55153
GRF	200-455	Community Schools	$	4,231,842	$	4,231,842	55154
GRF	200-500	School Finance Equity	$	13,888,641	$	7,671,853	55155
GRF	200-501	Base Cost Funding	$	4,130,934,681	$	4,202,084,029	55156
GRF	200-502	Pupil Transportation	$	388,939,229	$	397,960,398	55157
GRF	200-503	Bus Purchase Allowance	$	34,399,921	$	34,399,921	55158
GRF	200-505	School Lunch Match	$	9,398,025	$	9,398,025	55159
GRF	200-509	Adult Literacy Education	$	8,774,250	$	8,774,250	55160
GRF	200-511	Auxiliary Services	$	127,903,356	$	127,903,356	55161
GRF	200-513	Student Intervention Services	$	35,040,815	$	35,040,815	55162
GRF	200-520	Disadvantaged Pupil Impact Aid	$	367,266,738	$	367,266,738	55163
GRF	200-521	Gifted Pupil Program	$	48,201,031	$	48,201,031	55164
GRF	200-525	Parity Aid	$	327,289,958	$	435,096,124	55165
GRF	200-532	Nonpublic Administrative Cost Reimbursement	$	55,803,103	$	55,803,103	55166
GRF	200-540	Special Education Enhancements	$	135,614,484	$	137,936,046	55167
GRF	200-545	Career-Technical Education Enhancements	$	12,260,407	$	12,260,407	55168
GRF	200-546	Charge-Off Supplement	$	45,888,802	$	45,888,802	55169
GRF	200-558	Emergency Loan Interest Subsidy	$	3,022,500	$	3,022,500	55170
GRF	200-566	OhioReads Grants	$	15,000,000	$	15,000,000	55171
GRF	200-578	Safe and Supportive Schools	$	3,576,348	$	3,576,348	55172
GRF	200-901	Property Tax Allocation - Education	$	783,350,000	$	799,260,000	55173
GRF	200-906	Tangible Tax Exemption - Education	$	77,810,000	$	82,010,000	55174
TOTAL GRF General Revenue Fund			$	6,852,302,087	$	7,056,715,747	55175

General Services Fund Group

55176

138	200-606	Computer Services	$	7,404,690	$	7,635,949	55177
4D1	200-602	Ohio Prevention/Education Resource Center	$	347,000	$	347,000	55178
4L2	200-681	Teacher Certification and Licensure	$	5,038,017	$	5,236,517	55179
452	200-638	Miscellaneous Revenue	$	500,000	$	500,000	55180
5B1	200-651	Child Nutrition Services	$	800,000	$	800,000	55181
5H3	200-687	School District Solvency Assistance	$	18,000,000	$	18,000,000	55182
596	200-656	Ohio Career Information System	$	516,694	$	529,761	55183
TOTAL GSF General Services							55184
Fund Group			$	32,606,401	$	33,049,227	55185

Federal Special Revenue Fund Group

55186

3C5	200-661	Early Childhood Education	$	21,508,746	$	21,508,746	55187
3D1	200-664	Drug Free Schools	$	13,169,757	$	13,347,966	55188
3D2	200-667	Honors Scholarship Program	$	1,786,500	$	1,786,500	55189
3H9	200-605	Head Start Collaboration Project	$	275,000	$	275,000	55190
3L6	200-617	Federal School Lunch	$	185,948,186	$	191,898,528	55191
3L7	200-618	Federal School Breakfast	$	48,227,431	$	49,524,254	55192
3L8	200-619	Child/Adult Food Programs	$	63,577,244	$	65,293,830	55193
3L9	200-621	Career-Technical Education Basic Grant	$	48,029,701	$	48,029,701	55194
3M0	200-623	ESEA Title 1A	$	356,458,504	$	384,975,184	55195
3M1	200-678	Innovative Education	$	15,041,997	$	16,094,937	55196
3M2	200-680	Ind W/Disab Education Act	$	288,468,284	$	331,392,575	55197
3S2	200-641	Education Technology	$	19,682,057	$	20,469,339	55198
3T4	200-613	Public Charter Schools	$	23,287,500	$	26,187,113	55199
3Y2	200-688	21st Century Community Learning Centers	$	17,138,239	$	18,500,000	55200
3Y4	200-632	Reading First	$	29,881,256	$	33,168,194	55201
3Y6	200-635	Improving Teacher Quality	$	103,686,420	$	104,100,000	55202
3Y7	200-689	English Language Acquisition	$	4,872,334	$	5,505,737	55203
3Z2	200-690	State Assessments	$	11,894,315	$	12,489,031	55204
309	200-601	Educationally Disadvantaged	$	22,148,769	$	22,899,001	55205
366	200-604	Adult Basic Education	$	21,369,906	$	22,223,820	55206
367	200-607	School Food Services	$	10,767,759	$	11,144,631	55207
368	200-614	Veterans' Training	$	626,630	$	655,587	55208
369	200-616	Career-Tech Education Federal Enhancement	$	8,165,672	$	8,165,672	55209
370	200-624	Education of Exceptional Children	$	1,933,910	$	1,933,910	55210
374	200-647	Troops to Teachers	$	2,618,076	$	2,622,370	55211
TOTAL FED Federal Special							55212
Revenue Fund Group			$	1,320,564,193	$	1,414,191,626	55213

State Special Revenue Fund Group

55214

4R7	200-695	Indirect Cost Recovery	$	5,002,500	$	5,250,400	55215
4V7	200-633	Interagency Support	$	800,000	$	800,000	55216
454	200-610	Guidance and Testing	$	956,761	$	956,761	55217
455	200-608	Commodity Foods	$	11,308,000	$	11,624,624	55218
5U2	200-685	National Education Statistics	$	200,000	$	200,000	55219
5W2	200-663	Head Start Plus/Head Start	$	101,200,000	$	103,184,000	55220
598	200-659	Auxiliary Services Reimbursement	$	1,328,910	$	1,328,910	55221
620	200-615	Educational Grants	$	1,000,000	$	1,000,000	55222
TOTAL SSR State Special Revenue							55223
Fund Group			$	121,796,171	$	124,344,695	55224

Lottery Profits Education Fund Group

55225

017	200-612	Base Cost Funding	$	606,123,500	$	606,195,300	55226
017	200-682	Lease Rental Payment Reimbursement	$	31,776,500	$	31,704,700	55227
TOTAL LPE Lottery Profits							55228
Education Fund Group			$	637,900,000	$	637,900,000	55229

Revenue Distribution Fund Group

55230

053	200-900	School District Property Tax Replacement	$	115,911,593	$	115,911,593	55231
TOTAL RDF Revenue Distribution							55232
Fund Group			$	115,911,593	$	115,911,593	55233
TOTAL ALL BUDGET FUND GROUPS			$	9,081,080,445	$	9,382,112,888	55234

Section 40.01. PERSONAL SERVICES

55236

Of the foregoing appropriation item 200-100, Personal	55237
Services, $1,630,181 in each fiscal year shall be used by the	55238
Department of Education to provide vocational administration	55239
matching funds pursuant to 20 U.S.C. 2311.	55240

MAINTENANCE AND EQUIPMENT

55241

Of the foregoing appropriation item 200-320, Maintenance and	55242
Equipment, up to $25,000 may be expended in each fiscal year for	55243
State Board of Education out-of-state travel.	55244

Of the foregoing appropriation item 200-320, Maintenance and	55245
Equipment, $692,014 in each fiscal year shall be used by the	55246
Department of Education to provide vocational administration	55247
matching funds pursuant to 20 U.S.C. 2311.	55248

Section 40.02. PUBLIC PRESCHOOL

55249

The Department of Education shall distribute the foregoing	55250
appropriation item 200-408, Public Preschool, to pay the costs of	55251
comprehensive preschool programs. As used in this section, "school	55252
district" means a city, local, exempted village, or joint	55253
vocational school district, or an educational service center.	55254

(A) In each fiscal year, up to two per cent of the total	55255
appropriation may be used by the department for program support	55256
and technical assistance; developing program capacity; and	55257
assisting programs with facilities planning, construction,	55258
renovation, or lease agreements in conjunction with the Community	55259
Development Finance Fund (CDFF). The Department shall distribute	55260
the remainder of the appropriation in each fiscal year to serve	55261
children from families earning not more than 185 per cent of the	55262
federal poverty guidelines.	55263

(B) The department shall provide an annual report to the	55264
Governor, the Speaker of the House of Representatives, the	55265
President of the Senate, the State Board of Education, Head Start	55266
grantees, and other interested parties. The report shall include:	55267

(1) The number and per cent of eligible children by county	55268
and by school district;	55269

(2) The amount of state funds allocated for continuation per	55270
school district;	55271

(3) The amount of state funds received for continuation per	55272
school district;	55273

(4) A summary of program performance on the state critical	55274
performance indicators in the public preschool program;	55275

(5) A summary of developmental progress of children	55276
participating in the state-funded public preschool program;	55277

(6) Any other data reflecting the performance of public	55278
preschool programs that the department considers pertinent.	55279

(C) For purposes of this section, "eligible child" means a	55280
child who is at least three years of age, is not eligible for	55281
kindergarten, and whose family earns not more than 185 per cent of	55282
the federal poverty guidelines.	55283

(D) The department may reallocate unobligated or unspent	55284
money to participating school districts for purposes of program	55285
expansion, improvement, or special projects to promote quality and	55286
innovation.	55287

(E) Costs for developing and administering a preschool	55288
program may not exceed fifteen per cent of the total approved	55289
costs of the program.	55290

All recipients of funds shall maintain such fiscal control	55291
and accounting procedures as may be necessary to ensure the	55292
disbursement of, and accounting for, these funds. The control of	55293
funds provided in this program, and title to property obtained	55294
therefrom, shall be under the authority of the approved recipient	55295
for purposes provided in the program unless, as described in	55296
division (J) of this section, a preschool program waives its right	55297
for funding or a program's funding is eliminated or reduced due to	55298
its inability to meet financial or program performance standards.	55299
The approved recipient shall administer and use such property and	55300
funds for the purposes specified.	55301

(F) The department shall prescribe target levels for critical	55302
performance indicators for the purpose of assessing public	55303
preschool programs. On-site reviews and follow-up visits shall be	55304
based on progress in meeting the prescribed target levels.	55305

(G) The Department may examine a recipient's financial and	55306
program records. If the financial practices of the program are not	55307
in accordance with standard accounting principles or do not meet	55308
financial standards outlined under division (E) of this section,	55309
or if the program fails to substantially meet the Head Start	55310
performance standards or exhibits below average performance as	55311
measured against the performance indicators outlined in division	55312
(F) of this section, the preschool program shall propose and	55313
implement a corrective action plan that has been approved by the	55314
Department. The approved corrective action plan shall be signed by	55315
the school district board of education and the appropriate grantee	55316
official. The corrective action plan shall include a schedule for	55317
monitoring by the Department. Such monitoring may include monthly	55318
reports, inspections, a timeline for correction of deficiencies,	55319
and technical assistance to be provided by the Department or	55320
obtained by the public preschool program. The Department may	55321
withhold funding pending corrective action. If a public preschool	55322
program fails to satisfactorily complete a corrective action plan,	55323
the Department may either deny expansion funding to the program or	55324
withdraw all or part of the public preschool funding from the	55325
agency and establish a new state-funded agency through a	55326
competitive bidding process established by the Department.	55327

(H) The department shall require public preschool programs to	55328
document child progress, using research-based indicators as	55329
prescribed by the department, and report results annually. The	55330
department shall determine the dates for documenting and	55331
reporting.	55332

(I) Each school district shall develop a sliding fee scale	55333
based on family incomes in the district and shall charge families	55334
who earn more than the federal poverty guidelines for preschool.	55335

(J) If a public preschool program voluntarily waives its	55336
right for funding, or has its funding eliminated for not meeting	55337
financial standards or program performance standards, the grantee	55338
and delegate shall transfer control of title to property,	55339
equipment, and remaining supplies obtained through the program to	55340
designated grantees and return any unexpended funds to the	55341
Department along with any reports prescribed by the Department.	55342
The funding made available from a program that waives its right	55343
for funding or has its funding eliminated or reduced may be used	55344
by the Department for new grant awards or expansion grants. The	55345
Department may award new grants or expansion grants to eligible	55346
providers who apply. The eligible providers who apply must do so	55347
in accordance with the competitive bidding process established by	55348
the Department.	55349

Section 40.03. PROFESSIONAL DEVELOPMENT

55350

Of the foregoing appropriation item 200-410, Professional	55351
Development, $5,779,625 in each fiscal year shall be used by the	55352
Department of Education to provide grants to recognize and reward	55353
teachers who became certified by the National Board for	55354
Professional Teaching Standards pursuant to section 3319.55 of the	55355
Revised Code prior to January 1, 2003.	55356

Of the foregoing appropriation item 200-410, Professional	55357
Development, up to $7,442,358 in each fiscal year shall be	55358
allocated for entry year programs. These funds shall be used for	55359
performance assessments of beginning teachers in school districts	55360
designated as academic watch or academic emergency under section	55361
3302.03 of the Revised Code.	55362

Of the foregoing appropriation item 200-410, Professional	55363
Development, up to $188,090 in each fiscal year shall be used to	55364
provide grants for districts to develop local	55365
knowledge/skills-based compensation systems. Each district	55366
receiving grants shall issue an annual report to the Department of	55367
Education detailing the use of the funds and the impact of the	55368
system developed by the district.	55369

Section 40.04. TECHNICAL SYSTEMS DEVELOPMENT

55370

The foregoing appropriation item 200-420, Technical Systems	55371
Development, shall be used to support the development and	55372
implementation of information technology solutions designed to	55373
improve the performance and customer service of the Department of	55374
Education. Funds may be used for personnel, maintenance, and	55375
equipment costs related to the development and implementation of	55376
these technical system projects. Implementation of these systems	55377
shall allow the Department to provide greater levels of assistance	55378
to school districts and to provide more timely information to the	55379
public, including school districts, administrators, and	55380
legislators.	55381

ALTERNATIVE EDUCATION PROGRAMS

55382

There is hereby created the Alternative Education Advisory	55383
Council, which shall consist of one representative from each of	55384
the following agencies: the Ohio Department of Education; the	55385
Department of Youth Services; the Ohio Department of Alcohol and	55386
Drug Addiction Services; the Department of Mental Health; the	55387
Office of the Governor or, at the Governor's discretion, the	55388
Office of the Lieutenant Governor; the Office of the Attorney	55389
General; and the Office of the Auditor of State.	55390

Of the foregoing appropriation item 200-421, Alternative	55391
Education Programs, not less than $7,897,500 in each fiscal year	55392
shall be used for the renewal of successful implementation grants	55393
and for competitive matching grants to the 21 urban school	55394
districts as defined in division (O) of section Sec. 3317.02. of the	55395
Revised Code as it existed prior to July 1, 1998, and not less	55396
than $7,863,047 in each fiscal year shall be used for the renewal	55397
of successful implementation of grants and for competitive	55398
matching grants to rural and suburban school districts for	55399
alternative educational programs for existing and new at-risk and	55400
delinquent youth. Programs shall be focused on youth in one or	55401
more of the following categories: those who have been expelled or	55402
suspended, those who have dropped out of school or who are at risk	55403
of dropping out of school, those who are habitually truant or	55404
disruptive, or those on probation or on parole from a Department	55405
of Youth Services facility. Grants shall be awarded according to	55406
the criteria established by the Alternative Education Advisory	55407
Council in 1999. Grants shall be awarded only to programs where	55408
the grant would not serve as the program's primary source of	55409
funding. These grants shall be administered by the Department of	55410
Education.	55411

The Department of Education may waive compliance with any	55412
minimum education standard established under section 3301.07 of	55413
the Revised Code for any alternative school that receives a grant	55414
under this section on the grounds that the waiver will enable the	55415
program to more effectively educate students enrolled in the	55416
alternative school.	55417

SCHOOL MANAGEMENT ASSISTANCE

55418

Of the foregoing appropriation item 200-422, School	55419
Management Assistance, $351,000 in each fiscal year shall be used	55420
by the Auditor of State for expenses incurred in the Auditor of	55421
State's role relating to fiscal caution activities as defined in	55422
Chapter 3316. of the Revised Code. Expenses include duties related	55423
to the completion of performance audits for school districts that	55424
the Superintendent of Public Instruction determines are employing	55425
fiscal practices or experiencing budgetary conditions that could	55426
produce a state of fiscal watch or fiscal emergency.	55427

The remainder of foregoing appropriation item 200-422, School	55428
Management Assistance, shall be used by the Department of	55429
Education to provide fiscal technical assistance and inservice	55430
education for school district management personnel and to	55431
administer, monitor, and implement the fiscal watch and fiscal	55432
emergency provisions under Chapter 3316. of the Revised Code.	55433

POLICY ANALYSIS

55434

The foregoing appropriation item 200-424, Policy Analysis,	55435
shall be used by the Department of Education to support a system	55436
of administrative, statistical, and legislative education	55437
information to be used for policy analysis. Staff supported by	55438
this appropriation shall administer the development of reports,	55439
analyses, and briefings to inform education policymakers of	55440
current trends in education practice, efficient and effective use	55441
of resources, and evaluation of programs to improve education	55442
results. The database shall be kept current at all times. These	55443
research efforts shall be used to supply information and analysis	55444
of data to the General Assembly and other state policymakers,	55445
including the Office of Budget and Management and the Legislative	55446
Service Commission.	55447

The Department of Education may use funding from this	55448
appropriation item to purchase or contract for the development of	55449
software systems or contract for policy studies that will assist	55450
in the provision and analysis of policy-related information.	55451
Funding from this appropriation item also may be used to monitor	55452
and enhance quality assurance for research-based policy analysis	55453
and program evaluation to enhance the effective use of education	55454
information to inform education policymakers.	55455

TECH PREP CONSORTIA SUPPORT

55456

The foregoing appropriation item 200-425, Tech Prep Consortia	55457
Support, shall be used by the Department of Education to support	55458
state-level activities designed to support, promote, and expand	55459
tech prep programs. Use of these funds shall include, but not be	55460
limited to, administration of grants, program evaluation,	55461
professional development, curriculum development, assessment	55462
development, program promotion, communications, and statewide	55463
coordination of tech prep consortia.	55464

OHIO EDUCATIONAL COMPUTER NETWORK

55465

The foregoing appropriation item 200-426, Ohio Educational	55466
Computer Network, shall be used by the Department of Education to	55467
maintain a system of information technology throughout Ohio and to	55468
provide technical assistance for such a system in support of the	55469
State Education Technology Plan pursuant to section 3301.07 of the	55470
Revised Code.	55471

Of the foregoing appropriation item 200-426, Ohio Educational	55472
Computer Network, up to $18,592,763 in each fiscal year shall be	55473
used by the Department of Education to support connection of all	55474
public school buildings to the state's education network, to each	55475
other, and to the Internet. In each fiscal year the Department of	55476
Education shall use these funds to assist data acquisition sites	55477
or school districts with the operational costs associated with	55478
this connectivity. The Department of Education shall develop a	55479
formula and guidelines for the distribution of these funds to the	55480
data acquisition sites or individual school districts. As used in	55481
this section, "public school building" means a school building of	55482
any city, local, exempted village, or joint vocational school	55483
district, or any community school established under Chapter 3314.	55484
of the Revised Code, or any educational service center building	55485
used for instructional purposes, or the Ohio School for the Deaf	55486
and the Ohio School for the Blind, or high schools chartered by	55487
the Ohio Department of Youth Services and high schools operated by	55488
Ohio Department of Rehabilitation and Corrections' Ohio Central	55489
School System.	55490

Of the foregoing appropriation item 200-426, Ohio Educational	55491
Computer Network, up to $1,884,355 in each fiscal year shall be	55492
used for the Union Catalog and InfOhio Network.	55493

The Department of Education shall use $3,412,500 in each	55494
fiscal year to assist designated data acquisition sites with	55495
operational costs associated with the increased use of the state's	55496
education network by chartered nonpublic schools. The Department	55497
of Education shall divide the $3,412,500 by the number of eligible	55498
chartered nonpublic schools that meet the OneNet Planning	55499
Commission's connectivity standard of a minimum of 1.5 Mb/s (T-1)	55500
connection. This calculation shall be made in the fall of every	55501
school year and the funds shall be distributed to designated data	55502
acquisition sites no later than the first day of November of every	55503
school year that the General Assembly appropriates funds for the	55504
program.	55505

The remainder of appropriation item 200-426, Ohio Educational	55506
Computer Network, shall be used to support development,	55507
maintenance, and operation of a network of uniform and compatible	55508
computer-based information and instructional systems. The	55509
technical assistance shall include, but not be restricted to,	55510
development and maintenance of adequate computer software systems	55511
to support network activities. Program funds may be used, through	55512
a formula and guidelines devised by the department, to subsidize	55513
the activities of designated data acquisition sites, as defined by	55514
State Board of Education rules, to provide school districts and	55515
chartered nonpublic schools with computer-based student and	55516
teacher instructional and administrative information services,	55517
including approved computerized financial accounting, and to	55518
ensure the effective operation of local automated administrative	55519
and instructional systems. To broaden the scope of the use of	55520
technology for education, the Department may use up to $223,762 in	55521
each fiscal year to coordinate the activities of the computer	55522
network with other agencies funded by the department or the state.	55523
In order to improve the efficiency of network activities, the	55524
department and data acquisition sites may jointly purchase	55525
equipment, materials, and services from funds provided under this	55526
appropriation for use by the network and, when considered	55527
practical by the department, may utilize the services of	55528
appropriate state purchasing agencies.	55529

ACADEMIC STANDARDS

55530

Of the foregoing appropriation item 200-427, Academic	55531
Standards, up to $731,250 in each fiscal year shall be used to	55532
provide funds to school districts that have one or more teachers	55533
participating in the teachers-on-loan program.	55534

The remainder of appropriation item 200-427, Academic	55535
Standards, shall be used by the Department of Education to develop	55536
and communicate to school districts academic content standards and	55537
curriculum models. The Department of Education shall communicate	55538
these standards and curricula to school districts through Internet	55539
website postings and electronic mail.	55540

Section 40.05. SCHOOL IMPROVEMENT INITIATIVES

55541

Of the foregoing appropriation item 200-431, School	55542
Improvement Initiatives, $10,505,625 in each fiscal year shall be	55543
used to provide technical assistance to school districts that are	55544
declared to be in a state of academic watch or academic emergency	55545
under section 3302.03 of the Revised Code to develop their	55546
continuous improvement plans as required in section 3302.04 of the	55547
Revised Code and to provide technical assistance to school	55548
buildings not meeting new federal accountability measures.	55549

Of the foregoing appropriation item 200-431, School	55550
Improvement Initiatives, up to $250,000 in each fiscal year shall	55551
be used to reduce the dropout rate by addressing the academic and	55552
social problems of inner-city students through Project GRAD.	55553

READING/WRITING IMPROVEMENT

55554

Of the foregoing appropriation item 200-433, Reading/Writing	55555
Improvement, up to $12,675,000 in each fiscal year shall be used	55556
for professional development in literacy for classroom teachers,	55557
administrators, and literacy specialists.	55558

Of the foregoing appropriation item 200-433, Reading/Writing	55559
Improvement, $500,000 in fiscal year 2004 shall be used to	55560
continue the Waterford Early Reading Program.	55561

The remainder of appropriation item 200-433, Reading/Writing	55562
Improvement, shall be used to support standards-based classroom	55563
reading and writing instruction and reading intervention and the	55564
design/development of standards-based literacy curriculum	55565
materials; to support literacy professional development	55566
partnerships between the Department of Education, higher education	55567
institutions, the literacy specialists project, the Ohio	55568
principals' literacy network, regional literacy teams, literacy	55569
networks, and school districts.	55570

STUDENT ASSESSMENT

55571

The foregoing appropriation item 200-437, Student Assessment,	55572
shall be used to develop, field test, print, distribute, score,	55573
and report results from the tests required under sections	55574
3301.0710 and 3301.0711 of the Revised Code and for similar	55575
purposes as required by section 3301.27 of the Revised Code.	55576

ACCOUNTABILITY/REPORT CARDS

55577

The foregoing appropriation item 200-439,	55578
Accountability/Report Cards, shall be used for the development and	55579
distribution of school report cards pursuant to section 3302.03 of	55580
the Revised Code.	55581

AMERICAN SIGN LANGUAGE

55582

Of the foregoing appropriation item 200-441, American Sign	55583
Language, up to $136,943 in each fiscal year shall be used to	55584
implement pilot projects for the integration of American Sign	55585
Language deaf language into the kindergarten through twelfth-grade	55586
curriculum.	55587

The remainder of the appropriation shall be used by the	55588
Department of Education to provide supervision and consultation to	55589
school districts in dealing with parents of children who are deaf	55590
or hard of hearing, in integrating American Sign Language as a	55591
foreign language, and in obtaining interpreters and improving	55592
their skills.	55593

CHILD CARE LICENSING

55594

The foregoing appropriation item 200-442, Child Care	55595
Licensing, shall be used by the Department of Education to license	55596
and to inspect preschool and school-age child care programs in	55597
accordance with sections 3301.52 to 3301.59 of the Revised Code.	55598

OHIOREADS ADMIN/VOLUNTEER SUPPORT

55599

The foregoing appropriation item 200-445, OhioReads	55600
Admin/Volunteer Support, may be allocated by the OhioReads Office	55601
in the Department of Education at the direction of the OhioReads	55602
Council for volunteer coordinators in public school buildings, to	55603
educational service centers for costs associated with volunteer	55604
coordination, for background checks for volunteers, to evaluate	55605
the OhioReads Program, and for operating expenses associated with	55606
administering the program.	55607

Section 40.06. EDUCATION MANAGEMENT INFORMATION SYSTEM

55608

The foregoing appropriation item 200-446, Education	55609
Management Information System, shall be used by the Department of	55610
Education to improve the Education Management Information System	55611
(EMIS).	55612

Of the foregoing appropriation item 200-446, Education	55613
Management Information System, up to $1,295,857 in each fiscal	55614
year shall be distributed to designated data acquisition sites for	55615
costs relating to processing, storing, and transferring data for	55616
the effective operation of the EMIS. These costs may include, but	55617
are not limited to, personnel, hardware, software development,	55618
communications connectivity, professional development, and support	55619
services, and to provide services to participate in the State	55620
Education Technology Plan pursuant to section 3301.07 of the	55621
Revised Code.	55622

Of the foregoing appropriation item 200-446, Education	55623
Management Information System, up to $8,055,189 in each fiscal	55624
year shall be distributed on a per-pupil basis to school	55625
districts, community schools established under Chapter 3314. of	55626
the Revised Code, education service centers, joint vocational	55627
school districts, and any other education entity that reports data	55628
through EMIS. From this funding, each school district or community	55629
school established under Chapter 3314. of the Revised Code with	55630
enrollment greater than 100 students and each vocational school	55631
district shall receive a minimum of $5,000 in each fiscal year.	55632
Each school district or community school established under Chapter	55633
3314. of the Revised Code with enrollment between one and one	55634
hundred and each education service center and each county board of	55635
MR/DD that submits data through EMIS shall receive $3,000 in each	55636
fiscal year. This subsidy shall be used for costs relating to	55637
reporting, processing, storing, transferring, and exchanging data	55638
necessary to meet requirements of the Department of Education's	55639
data system.	55640

GED TESTING/ADULT HIGH SCHOOL

55641

The foregoing appropriation item 200-447, GED Testing/Adult	55642
High School, shall be used to provide General Educational	55643
Development (GED) testing at no cost to applicants, pursuant to	55644
rules adopted by the State Board of Education. The Department of	55645
Education shall reimburse school districts and community schools,	55646
created in accordance with Chapter 3314. of the Revised Code, for	55647
a portion of the costs incurred in providing summer instructional	55648
or intervention services to students who have not graduated due to	55649
their inability to pass one or more parts of the state's ninth	55650
grade proficiency test. School districts shall also provide such	55651
services to students who are residents of the district pursuant to	55652
section 3313.64 of the Revised Code, but who are enrolled in	55653
chartered, nonpublic schools. The services shall be provided in	55654
the public school, in nonpublic schools, in public centers, or in	55655
mobile units located on or off the nonpublic school premises. No	55656
school district shall provide summer instructional or intervention	55657
services to nonpublic school students as authorized by this	55658
section unless such services are available to students attending	55659
the public schools within the district. No school district shall	55660
provide services for use in religious courses, devotional	55661
exercises, religious training, or any other religious activity.	55662
Chartered, nonpublic schools shall pay for any unreimbursed costs	55663
incurred by school districts for providing summer instruction or	55664
intervention services to students enrolled in chartered, nonpublic	55665
schools. School districts may provide these services to students	55666
directly or contract with postsecondary or nonprofit	55667
community-based institutions in providing instruction. The	55668
appropriation also shall be used for state reimbursement to school	55669
districts for adult high school continuing education programs	55670
pursuant to section 3313.531 of the Revised Code or for costs	55671
associated with awarding adult high school diplomas under section	55672
3313.611 of the Revised Code.	55673

EDUCATOR PREPARATION

55674

The foregoing appropriation item 200-448, Educator	55675
Preparation, shall be used by the Ohio Teacher Education and	55676
Certification Commission to carry out the responsibilities of the	55677
21-member Ohio Teacher Education and Certification Advisory	55678
Commission. The advisory commission is charged by the State Board	55679
of Education with considering all matters related to educator	55680
preparation and licensure, including standards for educator	55681
preparation and licensure, approval of institutions and programs,	55682
and recommending decisions to the State Board of Education.	55683

TEACHING SUCCESS COMMISSION INITIATIVES

55684

The foregoing appropriation item 200-452, Teaching Success	55685
Commission Initiatives, shall be used by the Department of	55686
Education to support initiatives recommended by the Governor's	55687
Commission on Teaching Success.	55688

COMMUNITY SCHOOLS

55689

Of the foregoing appropriation item 200-455, Community	55690
Schools, up to $1,308,661 in each fiscal year may be used by the	55691
Department of Education for additional services and	55692
responsibilities under section 3314.11 of the Revised Code.	55693

Of the foregoing appropriation item 200-455, Community	55694
Schools, up to $250,000 in each fiscal year may be used by the	55695
Department of Education for developing and conducting training	55696
sessions for sponsors and prospective sponsors of community	55697
schools as prescribed in division (A)(1) of section 3314.015 of	55698
the Revised Code. In developing such training sessions, the	55699
Department shall collect and disseminate examples of best	55700
practices used by sponsors of independent charter schools in Ohio	55701
and other states.	55702

The remaining appropriation may be used by the Department of	55703
Education to make grants of up to $50,000 to each proposing group	55704
with a preliminary agreement obtained under division (C)(2) of	55705
section 3314.02 of the Revised Code in order to defray planning	55706
and initial start-up costs. In the first year of operation of a	55707
community school, the Department of Education may make a grant of	55708
not more than $100,000 to the governing authority of the school to	55709
partially defray additional start-up costs. The amount of the	55710
grant shall be based on a thorough examination of the needs of the	55711
community school. The Department of Education shall not utilize	55712
moneys received under this section for any other purpose other	55713
than those specified under this section.	55714

A community school awarded start-up grants from appropriation	55715
item 200-613, Public Charter Schools (Fund 3T4), shall not be	55716
eligible for grants under this section.	55717

Section 40.07. SCHOOL FINANCE EQUITY

55718

The foregoing appropriation item 200-500, School Finance	55719
Equity, shall be distributed to school districts based on the	55720
formula specified in section 3317.0213 of the Revised Code.	55721

Section 40.08. BASE COST FUNDING

55722

The foregoing appropriation item 200-501, Base Cost Funding,	55723
includes $90,000,000 in each fiscal year for the state education	55724
aid offset due to the change in public utility valuation as a	55725
result of Am. Sub. S.B. 3 and Am. Sub. S.B. 287, both of the 123rd	55726
General Assembly. This amount represents the total state education	55727
aid offset due to the valuation change for school districts and	55728
joint vocational school districts from all relevant appropriation	55729
line item sources. If it is determined that the state education	55730
aid offset is more than $90,000,000, the Controlling Board may	55731
increase the appropriation for appropriation item 200-501, Base	55732
Cost Funding, by the difference amount if presented with such a	55733
request from the Department of Education. The appropriation	55734
increase, if any, is hereby appropriated. If it is determined that	55735
the state education aid offset is less than $90,000,000, the	55736
Director of Budget and Management shall then reduce the	55737
appropriation for appropriation item 200-501, Base Cost Funding,	55738
by the difference amount and notify the Controlling Board of this	55739
action. The appropriation decrease determined by the Director of	55740
Budget and Management, if any, is hereby approved, and	55741
appropriations are hereby reduced by the amount determined.	55742

Of the foregoing appropriation item 200-501, Base Cost	55743
Funding, up to $425,000 shall be expended in each fiscal year for	55744
court payments pursuant to section 2151.357 of the Revised Code;	55745
an amount shall be available in each fiscal year to fund up to 225	55746
full-time equivalent approved GRADS teacher grants pursuant to	55747
division (R) of section 3317.024 of the Revised Code; an amount	55748
shall be available in each fiscal year to make payments to school	55749
districts pursuant to division (A)(2) of section 3317.022 of the	55750
Revised Code; an amount shall be available in each fiscal year to	55751
make payments to school districts pursuant to division (F) of	55752
section 3317.022 of the Revised Code; an amount shall be available	55753
in each fiscal year to make payments to school districts pursuant	55754
to division (C) of section 3317.0212 of the Revised Code; and up	55755
to $15,000,000 in each fiscal year shall be reserved for payments	55756
pursuant to sections 3317.026, 3317.027, and 3317.028 of the	55757
Revised Code except that the Controlling Board may increase the	55758
$15,000,000 amount if presented with such a request from the	55759
Department of Education. Of the foregoing appropriation item	55760
200-501, Base Cost Funding, up to $15,000,000 in each fiscal year	55761
shall be used to provide additional state aid to school districts	55762
for special education students pursuant to division (C)(3) of	55763
section 3317.022 of the Revised Code; up to $2,000,000 in each	55764
fiscal year shall be reserved for Youth Services tuition payments	55765
pursuant to section 3317.024 of the Revised Code; and up to	55766
$52,000,000 in each fiscal year shall be reserved to fund the	55767
state reimbursement of educational service centers pursuant to	55768
section 3317.11 of the Revised Code. Up to $342,000,000 in fiscal	55769
year 2004 and up to $347,000,000 in fiscal year 2005 shall be	55770
available for special education weighted funding pursuant to	55771
division (C)(1) of section 3317.022 and division (D)(1) of section	55772
3317.16 of the Revised Code.	55773

Of the foregoing appropriation item 200-501, Base Cost	55774
Funding, up to $10,000,000 in fiscal year 2004 and up to	55775
$15,000,000 in fiscal year 2005 shall be used by the Department of	55776
Education for the Enhanced Urban Attendance Improvement Initiative	55777
in Big Eight districts as defined in section 3314.02 of the	55778
Revised Code. Funds shall be distributed pursuant to the section	55779
of this act entitled "THE ENHANCED URBAN ATTENDANCE IMPROVEMENT	55780
INITIATIVE."	55781

Of the foregoing appropriation item 200-501, Base Cost	55782
Funding, an amount shall be available in each fiscal year to be	55783
used by the Department of Education for transitional aid for	55784
school districts. Funds shall be distributed pursuant to the	55785
section of this act entitled "TRANSITIONAL AID FOR FISCAL YEAR	55786
2004 AND FISCAL YEAR 2005."	55787

Of the foregoing appropriation item 200-501, Base Cost	55788
Funding, up to $1,000,000 in each fiscal year shall be used by the	55789
Department of Education for a pilot program to pay for educational	55790
services for youth who have been assigned by a juvenile court or	55791
other authorized agency to any of the facilities described in	55792
division (A) of the section titled "Private Treatment Facility	55793
Pilot Project."	55794

The remaining portion of appropriation item 200-501, Base	55795
Cost Funding, shall be expended for the public schools of city,	55796
local, exempted village, and joint vocational school districts,	55797
including base cost funding, special education speech service	55798
enhancement funding, career-technical education weight funding,	55799
career-technical education associated service funding, guarantee	55800
funding, and teacher training and experience funding pursuant to	55801
sections 3317.022, 3317.023, 3317.0212, and 3317.16 of the Revised	55802
Code.	55803

Appropriation items 200-500, School Finance Equity, 200-501,	55804
Base Cost Funding, 200-502, Pupil Transportation, 200-520,	55805
Disadvantaged Pupil Impact Aid, 200-521, Gifted Pupil Program,	55806
200-525, Parity Aid, and 200-546, Charge-Off Supplement, other	55807
than specific set-asides, are collectively used in fiscal year	55808
2004 to pay state formula aid obligations for school districts and	55809
joint vocational school districts pursuant to Chapter 3317. of the	55810
Revised Code. The first priority of these appropriation items,	55811
with the exception of specific set-asides, is to fund state	55812
formula aid obligations under Chapter 3317. of the Revised Code.	55813
It may be necessary to reallocate funds among these appropriation	55814
items in order to meet state formula aid obligations. If it is	55815
determined that it is necessary to transfer funds among these	55816
appropriation items to meet state formula aid obligations, the	55817
Department of Education shall seek approval from the Controlling	55818
Board to transfer funds among these appropriation items.	55819

Section 40.09. PUPIL TRANSPORTATION

55820

Of the foregoing appropriation item 200-502, Pupil	55821
Transportation, up to $822,400 in each fiscal year may be used by	55822
the Department of Education for training prospective and	55823
experienced school bus drivers in accordance with training	55824
programs prescribed by the Department. Up to $56,975,910 in each	55825
fiscal year may be used by the Department of Education for special	55826
education transportation reimbursements to school districts and	55827
county MR/DD boards for transportation operating costs as provided	55828
in division (M) of section 3317.024 of the Revised Code. The	55829
remainder of appropriation item 200-502, Pupil Transportation,	55830
shall be used for the state reimbursement of public school	55831
districts' costs in transporting pupils to and from the school	55832
they attend in accordance with the district's policy, State Board	55833
of Education standards, and the Revised Code.	55834

BUS PURCHASE ALLOWANCE

55835

The foregoing appropriation item 200-503, Bus Purchase	55836
Allowance, shall be distributed to school districts, educational	55837
service centers, and county MR/DD boards pursuant to rules adopted	55838
under section 3317.07 of the Revised Code. Up to 28 per cent of	55839
the amount appropriated may be used to reimburse school districts	55840
and educational service centers for the purchase of buses to	55841
transport handicapped and nonpublic school students and to county	55842
MR/DD boards, the Ohio School for the Deaf, and the Ohio School	55843
for the Blind for the purchase of buses to transport handicapped	55844
students.	55845

SCHOOL LUNCH MATCH

55846

The foregoing appropriation item 200-505, School Lunch Match,	55847
shall be used to provide matching funds to obtain federal funds	55848
for the school lunch program.	55849

Section 40.10. ADULT LITERACY EDUCATION

55850

The foregoing appropriation item 200-509, Adult Literacy	55851
Education, shall be used to support adult basic and literacy	55852
education instructional programs and the State Literacy Resource	55853
Center Program.	55854

Of the foregoing appropriation item 200-509, Adult Literacy	55855
Education, up to $519,188 in each fiscal year shall be used for	55856
the support and operation of the State Literacy Resource Center.	55857

Of the foregoing appropriation item 200-509, Adult Literacy	55858
Education, $146,250 in each fiscal year shall be used to support	55859
initiatives for English as a second language programs in	55860
combination with citizenship. Funding shall be provided to	55861
organizations that received such funds during fiscal year 2003	55862
from appropriation item 200-570, School Improvement Incentive	55863
Grants.	55864

The remainder of the appropriation shall be used to continue	55865
to satisfy the state match and maintenance of effort requirements	55866
for the support and operation of the Department of	55867
Education-administered instructional grant program for adult basic	55868
and literacy education in accordance with the department's state	55869
plan for adult basic and literacy education as approved by the	55870
State Board of Education and the Secretary of the United States	55871
Department of Education.	55872

AUXILIARY SERVICES

55873

The foregoing appropriation item 200-511, Auxiliary Services,	55874
shall be used by the Department of Education for the purpose of	55875
implementing section 3317.06 of the Revised Code. Of the	55876
appropriation, up to $1,462,500 in each fiscal year may be used	55877
for payment of the Post-Secondary Enrollment Options Program for	55878
nonpublic students pursuant to section 3365.10 of the Revised	55879
Code.	55880

STUDENT INTERVENTION SERVICES

55881

The foregoing appropriation item 200-513, Student	55882
Intervention Services, shall be used to assist districts providing	55883
the intervention services specified in section 3313.608 of the	55884
Revised Code. The Department of Education shall establish	55885
guidelines for the use and distribution of these moneys. School	55886
districts receiving funds from this appropriation shall report to	55887
the Department of Education on how funds were used.	55888

DISADVANTAGED PUPIL IMPACT AID

55889

Notwithstanding the distribution formula outlined in section	55890
3317.029 of the Revised Code, each school district shall receive	55891
an additional two per cent in Disadvantaged Pupil Impact Aid	55892
(DPIA) funding in fiscal year 2004 over what was received in	55893
fiscal year 2003 unless the district receives DPIA funding from	55894
the DPIA guarantee provision pursuant to division (B) of section	55895
3317.029 of the Revised Code. For such a district, its DPIA	55896
funding in fiscal year 2004 shall equal the amount of DPIA funding	55897
the district received in fiscal year 2003.	55898

Notwithstanding the distribution formula outlined in section	55899
3317.029 of the Revised Code, each school district shall receive	55900
an additional two per cent in DPIA funding in fiscal year 2005	55901
over what was received in fiscal year 2004 unless the district	55902
receives DPIA funding from the DPIA guarantee provision pursuant	55903
to division (B) of section 3317.029 of the Revised Code. For such	55904
a district, its DPIA funding in fiscal year 2005 shall equal the	55905
amount of DPIA funding the district received in fiscal year 2004.	55906

School districts must continue to comply with all expenditure	55907
guidelines and restrictions outlined in divisions (F), (G), (I),	55908
and (K) of section 3317.029 of the Revised Code by assuming a two	55909
per cent increase in funds for each program outlined in divisions	55910
(C), (D), and (E) of section 3317.029 of the Revised Code and by	55911
assuming a DPIA index equivalent to the index calculated in fiscal	55912
year 2003.	55913

The Department of Education shall pay all-day, everyday	55914
kindergarten funding to all school districts in each fiscal year	55915
that qualified for and provided the service in fiscal year 2003	55916
pursuant to section 3317.029 of the Revised Code. School districts	55917
and community schools that did not have a DPIA allocation in	55918
fiscal year 2003 shall not receive an allocation in fiscal year	55919
2004 or fiscal year 2005.	55920

Of the foregoing appropriation item 200-520, Disadvantaged	55921
Pupil Impact Aid, up to $3,300,000 in each fiscal year shall be	55922
used for school breakfast programs. Of this amount, up to $500,000	55923
shall be used in each fiscal year by the Department of Education	55924
to provide start-up grants to school districts that start school	55925
breakfast programs. The remainder of the appropriation shall be	55926
used to: (1) partially reimburse school buildings within school	55927
districts that are required to have a school breakfast program	55928
pursuant to section 3313.813 of the Revised Code, at a rate	55929
decided by the Department, for each breakfast served to any pupil	55930
enrolled in the district; (2) partially reimburse districts	55931
participating in the National School Lunch Program that have at	55932
least 20 per cent of students who are eligible for free and	55933
reduced meals according to federal standards, at a rate decided by	55934
the Department; and (3) to partially reimburse districts	55935
participating in the National School Lunch Program for breakfast	55936
served to children eligible for free and reduced meals enrolled in	55937
the district, at a rate decided by the Department.	55938

Of the portion of the funds distributed to the Cleveland	55939
Municipal School District under this section, up to $11,901,887 in	55940
each fiscal year shall be used to operate the school choice	55941
program in the Cleveland Municipal School District pursuant to	55942
sections 3313.974 to 3313.979 of the Revised Code.	55943

Section 40.11. GIFTED PUPIL PROGRAM

55944

The foregoing appropriation item 200-521, Gifted Pupil	55945
Program, shall be used for gifted education units not to exceed	55946
1,110 in each fiscal year pursuant to division (P) of section	55947
3317.024 and division (F) of section 3317.05 of the Revised Code.	55948

Of the foregoing appropriation item 200-521, Gifted Pupil	55949
Program, up to $5,000,000 each in fiscal year may be used as an	55950
additional supplement for identifying gifted students pursuant to	55951
Chapter 3324. of the Revised Code.	55952

Of the foregoing appropriation item 200-521, Gifted Pupil	55953
Program, the Department of Education may expend up to $1,000,000	55954
in each fiscal year for the Summer Honors Institute for gifted	55955
freshman and sophomore high school students. Up to $600,000 in	55956
each fiscal year shall be used for research and demonstration	55957
projects. The Department of Education shall research and evaluate	55958
the effectiveness of gifted education programs in Ohio. Up to	55959
$70,000 in each fiscal year shall be used for the Ohio Summer	55960
School for the Gifted (Martin Essex Program).	55961

Section 40.12. PARITY AID

55962

The foregoing appropriation item 200-525, Parity Aid, shall	55963
be distributed to school districts based on the formulas specified	55964
in section 3317.0217 of the Revised Code.	55965

NONPUBLIC ADMINISTRATIVE COST REIMBURSEMENT

55966

The foregoing appropriation item 200-532, Nonpublic	55967
Administrative Cost Reimbursement, shall be used by the Department	55968
of Education for the purpose of implementing section 3317.063 of	55969
the Revised Code.	55970

Section 40.13. SPECIAL EDUCATION ENHANCEMENTS

55971

Of the foregoing appropriation item 200-540, Special	55972
Education Enhancements, up to $44,204,000 in fiscal year 2004 and	55973
up to $45,441,712 in fiscal year 2005 shall be used to fund	55974
special education and related services at county boards of mental	55975
retardation and developmental disabilities for eligible students	55976
under section 3317.20 of the Revised Code. Up to $2,452,125 shall	55977
be used in each fiscal year to fund special education classroom	55978
and related services units at institutions.	55979

Of the foregoing appropriation item 200-540, Special	55980
Education Enhancements, up to $2,906,875 in each fiscal year shall	55981
be used for home instruction for children with disabilities; up to	55982
$1,462,500 in each fiscal year shall be used for parent mentoring	55983
programs; and up to $2,783,396 in each fiscal year may be used for	55984
school psychology interns.	55985

Of the foregoing appropriation item 200-540, Special	55986
Education Enhancements, $3,406,090 in each fiscal year shall be	55987
used by the Department of Education to assist school districts in	55988
funding aides pursuant to paragraph (A)(3)(c)(i)(b) of rule	55989
3301-51-04 of the Administrative Code.	55990

Of the foregoing appropriation item 200-540, Special	55991
Education Enhancements, $78,399,498 in each fiscal year shall be	55992
distributed by the Department of Education to county boards of	55993
mental retardation and developmental disabilities, educational	55994
service centers, and school districts for preschool special	55995
education units and preschool supervisory units in accordance with	55996
section 3317.161 of the Revised Code. The department may reimburse	55997
county boards of mental retardation and developmental	55998
disabilities, educational service centers, and school districts	55999
for related services as defined in rule 3301-31-05 of the	56000
Administrative Code, for preschool occupational and physical	56001
therapy services provided by a physical therapy assistant and	56002
certified occupational therapy assistant, and for an instructional	56003
assistant. To the greatest extent possible, the Department of	56004
Education shall allocate these units to school districts and	56005
educational service centers. The Controlling Board may approve the	56006
transfer of unallocated funds from appropriation item 200-501,	56007
Base Cost Funding, to appropriation item 200-540, Special	56008
Education Enhancements, to fully fund existing units as necessary	56009
or to fully fund additional units. The Controlling Board may	56010
approve the transfer of unallocated funds from appropriation item	56011
200-540, Special Education Enhancements, to appropriation item	56012
200-501, Base Cost Funding, to fully fund the special education	56013
weight cost funding.	56014

The Department of Education shall require school districts,	56015
educational service centers, and county MR/DD boards serving	56016
preschool children with disabilities to document child progress	56017
using research-based indicators prescribed by the Department and	56018
report results annually. The reporting dates and methodology shall	56019
be determined by the Department.	56020

Section 40.14. CAREER-TECHNICAL EDUCATION ENHANCEMENTS

56021

Of the foregoing appropriation item 200-545, Career-Technical	56022
Education Enhancements, up to $2,576,107 in each fiscal year shall	56023
be used to fund career-technical education units at institutions.	56024

Of the foregoing appropriation item 200-545, Career-Technical	56025
Education Enhancements, up to $2,925,000 in each fiscal year shall	56026
be used by the Department of Education to fund competitive grants	56027
to tech prep consortia that expand the number of students enrolled	56028
in tech prep programs. These grant funds shall be used to directly	56029
support expanded tech prep programs, including equipment, provided	56030
to students enrolled in school districts, including joint	56031
vocational school districts, and affiliated higher education	56032
institutions.	56033

If federal funds for career-technical education cannot be	56034
used for local school district leadership without being matched by	56035
state funds, then an amount as determined by the Superintendent of	56036
Public Instruction shall be made available from state funds	56037
appropriated for career-technical education. If any state funds	56038
are used for this purpose, federal funds in an equal amount shall	56039
be distributed for career-technical education in accordance with	56040
authorization of the state plan for career-technical education for	56041
Ohio as approved by the Secretary of the United States Department	56042
of Education.	56043

Of the foregoing appropriation item 200-545, Career-Technical	56044
Education Enhancements, $1,462,500 in each fiscal year shall be	56045
used to provide an amount to each eligible school district for the	56046
replacement or updating of equipment essential for the instruction	56047
of students in job skills taught as part of a career-technical	56048
program or programs approved for such instruction by the State	56049
Board of Education. School districts replacing or updating	56050
career-technical education equipment may purchase or lease such	56051
equipment. The Department of Education shall review and approve	56052
all equipment requests and may allot appropriated funds to	56053
eligible school districts on the basis of the number of full-time	56054
equivalent workforce development teachers in all eligible	56055
districts making application for funds.	56056

The State Board of Education may adopt standards of need for	56057
equipment allocation. Pursuant to the adoption of any such	56058
standards of need by the State Board of Education, appropriated	56059
funds may be allotted to eligible districts according to such	56060
standards. Equipment funds allotted under either process shall be	56061
provided to a school district on a 30, 40, or 50 per cent of cost	56062
on the basis of a district career-technical priority index rating	56063
developed by the Department of Education for all districts. The	56064
career-technical priority index shall give preference to districts	56065
with a large percentage of disadvantaged students and shall	56066
include other socio-economic factors as determined by the State	56067
Board of Education.	56068

Of the foregoing appropriation item 200-545, Career-Technical	56069
Education Enhancements, up to $2,400,000 in each fiscal year shall	56070
be used by the Department of Education to support existing High	56071
Schools That Work (HSTW) sites, develop and support new sites,	56072
fund technical assistance, and support regional centers and middle	56073
school programs. The purpose of HSTW is to combine challenging	56074
academic courses and modern career-technical studies to raise the	56075
academic achievement of students. It provides intensive technical	56076
assistance, focused staff development, targeted assessment	56077
services, and ongoing communications and networking opportunities.	56078

Of the foregoing appropriation item 200-545, Career-Technical	56079
Education Enhancements, $2,400,000 in each fiscal year shall be	56080
used for K-12 career development.	56081

Of the foregoing appropriation item 200-545, Career-Technical	56082
Education Enhancements, up to $496,800 in each fiscal year shall	56083
be allocated for the Ohio Career Information System (OCIS) and	56084
used for the dissemination of career information data to public	56085
schools, libraries, rehabilitation centers, two- and four-year	56086
colleges and universities, and other governmental units.	56087

Section 40.15. CHARGE-OFF SUPPLEMENT

56088

The foregoing appropriation item 200-546, Charge-Off	56089
Supplement, shall be used by the Department of Education to make	56090
payments pursuant to section 3317.0216 of the Revised Code.	56091

EMERGENCY LOAN INTEREST SUBSIDY

56092

The foregoing appropriation item 200-558, Emergency Loan	56093
Interest Subsidy, shall be used to provide a subsidy to school	56094
districts receiving emergency school loans pursuant to section	56095
3313.484 of the Revised Code. The subsidy shall be used to pay	56096
these districts the difference between the amount of interest the	56097
district is paying on an emergency loan, and the interest that the	56098
district would have paid if the interest rate on the loan had been	56099
two per cent.	56100

Section 40.16. OHIOREADS GRANTS

56101

The foregoing appropriation item 200-566, OhioReads Grants,	56102
shall be disbursed by the OhioReads Office in the Department of	56103
Education at the direction of the OhioReads Council to provide	56104
grants to public schools in city, local, and exempted village	56105
school districts; community schools; and educational service	56106
centers serving kindergarten through fourth grade students to	56107
support local reading literacy initiatives including reading	56108
programs, materials, professional development, tutoring, tutor	56109
recruitment and training, and parental involvement.	56110

Grants awarded by the OhioReads Council are intended to	56111
improve reading outcomes, especially on reading proficiency tests.	56112

SAFE AND SUPPORTIVE SCHOOLS

56113

Of the foregoing appropriation item 200-578, Safe and	56114
Supportive Schools, up to $224,250 in each fiscal year shall be	56115
used to fund a safe school center to provide resources for parents	56116
and for school and law enforcement personnel.	56117

Of the foregoing appropriation item 200-578, Safe and	56118
Supportive Schools, up to $20,000 in each fiscal year may be used	56119
by schools for the Eddie Eagle Gun Safety Pilot Program. School	56120
districts wishing to participate in the pilot program shall apply	56121
to the Department of Education under guidelines established by the	56122
Superintendent of Public Instruction.	56123

The remainder of the appropriation shall be distributed based	56124
on guidelines developed by the Department of Education to enhance	56125
school safety. The guidelines shall provide a list of	56126
research-based best practices and programs from which local	56127
grantees shall select based on local needs. These practices shall	56128
include, but not be limited to, school resource officers and safe	56129
and drug free school coordinators, a safe school help line, and	56130
social-emotional development programs.	56131

Section 40.17. PROPERTY TAX ALLOCATION - EDUCATION

56132

The Superintendent of Public Instruction shall not request,	56133
and the Controlling Board shall not approve, the transfer of funds	56134
from appropriation item 200-901, Property Tax Allocation -	56135
Education, to any other appropriation item.	56136

The appropriation item 200-901, Property Tax Allocation -	56137
Education, is appropriated to pay for the state's costs incurred	56138
due to the homestead exemption and the property tax rollback. In	56139
cooperation with the Department of Taxation, the Department of	56140
Education shall distribute these funds directly to the appropriate	56141
school districts of the state, notwithstanding sections 321.24 and	56142
323.156 of the Revised Code, which provide for payment of the	56143
homestead exemption and property tax rollback by the Tax	56144
Commissioner to the appropriate county treasurer and the	56145
subsequent redistribution of these funds to the appropriate local	56146
taxing districts by the county auditor.	56147

Appropriation item 200-906, Tangible Tax Exemption -	56148
Education, is appropriated to pay for the state's costs incurred	56149
due to the tangible personal property tax exemption required by	56150
division (C)(3) of section 5709.01 of the Revised Code. In	56151
cooperation with the Department of Taxation, the Department of	56152
Education shall distribute to each county treasurer the total	56153
amount certified by the county treasurer pursuant to section	56154
319.311 of the Revised Code, for all school districts located in	56155
the county, notwithstanding the provision in section 319.311 of	56156
the Revised Code which provides for payment of the $10,000	56157
tangible personal property tax exemption by the Tax Commissioner	56158
to the appropriate county treasurer for all local taxing districts	56159
located in the county. Pursuant to division (G) of section 321.24	56160
of the Revised Code, the county auditor shall distribute the	56161
amount paid by the Department of Education among the appropriate	56162
school districts.	56163

Upon receipt of these amounts, each school district shall	56164
distribute the amount among the proper funds as if it had been	56165
paid as real or tangible personal property taxes. Payments for the	56166
costs of administration shall continue to be paid to the county	56167
treasurer and county auditor as provided for in sections 319.54,	56168
321.26, and 323.156 of the Revised Code.	56169

Any sums, in addition to the amounts specifically	56170
appropriated in appropriation items 200-901, Property Tax	56171
Allocation - Education, for the homestead exemption and the	56172
property tax rollback payments, and 200-906, Tangible Tax	56173
Exemption - Education, for the $10,000 tangible personal property	56174
tax exemption payments, which are determined to be necessary for	56175
these purposes, are hereby appropriated.	56176

Section 40.18. TEACHER CERTIFICATION AND LICENSURE

56177

The foregoing appropriation item 200-681, Teacher	56178
Certification and Licensure, shall be used by the Department of	56179
Education in each year of the biennium to administer teacher	56180
certification and licensure functions pursuant to sections	56181
3301.071, 3301.074, 3301.50, 3301.51, 3319.088, 3319.22, 3319.24	56182
to 3319.28, 3319.281, 3319.282, 3319.29, 3319.301, 3319.31, and	56183
3319.51 of the Revised Code.	56184

SCHOOL DISTRICT SOLVENCY ASSISTANCE

56185

Of the foregoing appropriation item 200-687, School District	56186
Solvency Assistance, $9,000,000 in each fiscal year shall be	56187
allocated to the School District Shared Resource Account and	56188
$9,000,000 in each fiscal year shall be allocated to the	56189
Catastrophic Expenditures Account. These funds shall be used to	56190
provide assistance and grants to school districts to enable them	56191
to remain solvent pursuant to section 3316.20 of the Revised Code.	56192
Assistance and grants shall be subject to approval by the	56193
Controlling Board. Any required reimbursements from school	56194
districts for solvency assistance shall be made to the appropriate	56195
account in the School District Solvency Assistance Fund (Fund	56196
5H3).	56197

Section 40.19. HEAD START PLUS/HEAD START

56198

The foregoing appropriation item 200-663, Head Start	56199
Plus/Head Start, shall be used to reimburse Head Start Plus/Head	56200
Start programs for services to children. The Department of	56201
Education shall administer the Head Start Plus/Head Start programs	56202
in accordance with an interagency agreement between the	56203
Departments of Education and Job and Family Services. Head Start	56204
Plus/Head Start providers shall meet all requirements as outlined	56205
in section 3301.311 of the Revised Code. The Department of	56206
Education shall adopt policies and procedures to establish a	56207
procedure for approving Head Start Plus/Head Start agencies. Up to	56208
$2,000,000 in each fiscal year may be used by the Department of	56209
Education to provide program support and technical assistance.	56210

Of the foregoing appropriation item 200-663, Head Start	56211
Plus/Head Start, up to $80,000,000 in fiscal year 2004 and up to	56212
$81,600,000 in fiscal year 2005 shall be used to support the Head	56213
Start Plus initiative. Head Start Plus shall provide up to 10,000	56214
slots of full-day, full-year programming for children at least	56215
three years of age and not kindergarten age eligible. The program	56216
shall meet the child care needs of low-income families who meet	56217
eligibility requirements established in rules and administrative	56218
orders adopted by the Ohio Department of Job and Family Services	56219
and provide early education and comprehensive services as provided	56220
through the Head Start program before the enactment of this act.	56221

Of the foregoing appropriation item 200-663, Head Start	56222
Plus/Head Start, up to $19,200,000 in fiscal year 2004 and up to	56223
$19,584,000 in fiscal year 2005 shall be used to support up to	56224
4,000 slots of traditional partial-day, partial-year Head Start	56225
services.	56226

The Department of Education shall adopt rules in accordance	56227
with Chapter 119. of the Revised Code to establish standards for	56228
the purpose of assessing Head Start Plus/Head Start agencies and	56229
contract compliance. The Department of Education shall require	56230
Head Start Plus/Head Start providers to document child progress	56231
using research-based indicators as prescribed by the department	56232
and report results annually.	56233

The Department of Education shall provide an annual report to	56234
the Governor, the Speaker of the House of Representatives, the	56235
President of the Senate, the State Board of Education, Head Start	56236
Plus/Head Start providers, and other interested parties regarding	56237
the Head Start Plus/Head Start program and performance indicators	56238
as outlined by the Department of Education.	56239

AUXILIARY SERVICES REIMBURSEMENT

56240

Notwithstanding section 3317.064 of the Revised Code, if the	56241
unobligated cash balance is sufficient, the Treasurer of State	56242
shall transfer $1,500,000 in fiscal year 2004 within thirty days	56243
after the effective date of this section and $1,500,000 in fiscal	56244
year 2005 by August 1, 2004, from the Auxiliary Services Personnel	56245
Unemployment Compensation Fund to the Department of Education's	56246
Auxiliary Services Reimbursement Fund (Fund 598).	56247

Section 40.20. LOTTERY PROFITS EDUCATION FUND

56248

Appropriation item 200-612, Base Cost Funding (Fund 017),	56249
shall be used in conjunction with appropriation item 200-501, Base	56250
Cost Funding (GRF), to provide payments to school districts	56251
pursuant to Chapter 3317. of the Revised Code.	56252

The Department of Education, with the approval of the	56253
Director of Budget and Management, shall determine the monthly	56254
distribution schedules of appropriation item 200-501, Base Cost	56255
Funding (GRF), and appropriation item 200-612, Base Cost Funding	56256
(Fund 017). If adjustments to the monthly distribution schedule	56257
are necessary, the Department of Education shall make such	56258
adjustments with the approval of the Director of Budget and	56259
Management.	56260

The Director of Budget and Management shall transfer via	56261
intrastate transfer voucher the amount appropriated under the	56262
Lottery Profits Education Fund for appropriation item 200-682,	56263
Lease Rental Payment Reimbursement, to the General Revenue Fund on	56264
a schedule determined by the director. These funds shall support	56265
the appropriation item 230-428, Lease Rental Payments (GRF), of	56266
the School Facilities Commission.	56267

* LOTTERY PROFITS TRANSFERS

56268

On or before the first day of May of each fiscal year, the	56269
Director of Budget and Management shall determine if lottery	56270
profits transfers will meet the appropriation amounts from the	56271
Lottery Profits Education Fund.	56272

Section 40.21. LOTTERY PROFITS EDUCATION RESERVE FUND

56273

(A) There is hereby created the Lottery Profits Education	56274
Reserve Fund (Fund 018) in the State Treasury. At no time shall	56275
the amount to the credit of the fund exceed $75,000,000.	56276
Investment earnings of the Lottery Profits Education Reserve Fund	56277
shall be credited to the fund. Notwithstanding any provisions of	56278
law to the contrary, for fiscal years 2004 and 2005, there is	56279
appropriated to the Department of Education, from the Lottery	56280
Profits Education Reserve Fund, an amount necessary to make loans	56281
authorized by sections 3317.0210, 3317.0211, and 3317.62 of the	56282
Revised Code. All loan repayments from loans made in fiscal years	56283
1992, 1993, 1994, 1995, 1996, 1997, 1998, or 1999 shall be	56284
deposited into the credit of the Lottery Profits Education Reserve	56285
Fund.	56286

(B)(1) On or before July 15, 2003, the Director of Budget and	56287
Management shall determine the amount by which lottery profit	56288
transfers received by the Lottery Profits Education Fund for	56289
fiscal year 2003 exceed $637,722,600. The amount so certified	56290
shall be distributed in fiscal year 2004 pursuant to division (C)	56291
of this section.	56292

(2) On or before July 15, 2004, the Director of Budget and	56293
Management shall determine the amount by which lottery profit	56294
transfers received by the Lottery Profits Education Fund for	56295
fiscal year 2004 exceed $637,900,000. The amount so determined	56296
shall be distributed in fiscal year 2005 pursuant to division (D)	56297
of this section.	56298

The Director of Budget and Management shall annually certify	56299
the amounts determined pursuant to this section to the Speaker of	56300
the House of Representatives and the President of the Senate.	56301

(C) In fiscal year 2004, if there is a balance in the Lottery	56302
Profits Education Fund, the moneys shall be allocated as provided	56303
in this division. Any amounts so allocated are appropriated.	56304

An amount equal to five per cent of the estimated lottery	56305
profits of $637,722,600 in fiscal year 2003 or the amount	56306
remaining in the fund, whichever is the lesser amount, shall be	56307
transferred to the Lottery Profits Education Reserve Fund within	56308
the limitations specified in division (A) of this section and be	56309
reserved and shall not be available for allocation or distribution	56310
during fiscal year 2004. Any amounts exceeding $75,000,000 shall	56311
be distributed pursuant to division (E) of this section.	56312

(D) In fiscal year 2005, if there is a balance in the Lottery	56313
Profits Education Fund, the moneys shall be allocated as provided	56314
in this division. Any amounts so allocated are appropriated.	56315

An amount equal to five per cent of the estimated lottery	56316
profits transfers of $637,900,000 in fiscal year 2004 or the	56317
amount remaining in the fund, whichever is the lesser amount,	56318
shall be transferred to the Lottery Profits Education Reserve Fund	56319
within the limitations specified in division (A) of this section	56320
and be reserved and shall not be available for allocation or	56321
distribution during fiscal year 2005. Any amounts exceeding	56322
$75,000,000 shall be distributed pursuant to division (E) of this	56323
section.	56324

(E) In the appropriate fiscal year, any remaining amounts	56325
after the operations required by division (C) or (D) of this	56326
section, respectively, shall be transferred to the Public School	56327
Building Fund (Fund 021) and such amount is appropriated to	56328
appropriation item CAP-622, Public School Buildings, in the School	56329
Facilities Commission.	56330

Section 40.22. SCHOOL DISTRICT PROPERTY TAX REPLACEMENT

56331

The foregoing appropriation item 200-900, School District	56332
Property Tax Replacement, shall be used by the Department of	56333
Education, in consultation with the Department of Taxation, to	56334
make payments to school districts and joint vocational school	56335
districts pursuant to section 5727.85 of the Revised Code.	56336

Section 40.23. * DISTRIBUTION FORMULAS

56337

The Department of Education shall report the following to the	56338
Director of Budget and Management, the Legislative Office of	56339
Education Oversight, and the Legislative Service Commission:	56340

(A) Changes in formulas for distributing state	56341
appropriations, including administratively defined formula	56342
factors;	56343

(B) Discretionary changes in formulas for distributing	56344
federal appropriations;	56345

(C) Federally mandated changes in formulas for distributing	56346
federal appropriations.	56347

Any such changes shall be reported two weeks prior to the	56348
effective date of the change.	56349

Section 40.24. DISTRIBUTION - SCHOOL DISTRICT SUBSIDY	56350
PAYMENTS	56351

This section shall not take effect unless the Director of	56352
Budget and Management adopts an order putting it into effect and	56353
certifies a copy of the order to the Superintendent of Public	56354
Instruction and the Controlling Board.	56355

Notwithstanding any other provision of the Revised Code, the	56356
monthly distribution of payments made to school districts and	56357
educational service centers pursuant to section 3317.01 of the	56358
Revised Code for the first six months of each fiscal year shall	56359
equal, as nearly as possible, six and two-thirds per cent of the	56360
estimate of the amounts payable for each fiscal year. The monthly	56361
distribution of payments for the last six months of each fiscal	56362
year shall equal, as nearly as possible, ten per cent of the final	56363
calculation of the amounts payable to each school district for	56364
that fiscal year.	56365

The treasurer of each school district or educational service	56366
center may accrue, in addition to the payments defined in this	56367
section, to the accounts of the calendar years that end during	56368
each fiscal year, the difference between the sum of the first six	56369
months' payments in each fiscal year and the amounts the district	56370
would have received had the payments been made in, as nearly as	56371
possible in each fiscal year, twelve equal monthly payments.	56372

Notwithstanding the limitations on the amount of borrowing	56373
and time of payment provided for in section 133.10 of the Revised	56374
Code but subject to sections 133.26 and 133.30 of the Revised	56375
Code, a board of education of a school district may at any time	56376
between July 1, 2003, and December 31, 2003, or at any time	56377
between July 1, 2004, and December 31, 2004, borrow money to pay	56378
any necessary and actual expenses of the school district during	56379
the last six months of calendar years 2003 and 2004 and in	56380
anticipation of the receipt of any portion of the payments to be	56381
received by that district in the first six months of calendar	56382
years 2004 and 2005 representing the respective amounts accrued	56383
pursuant to the preceding paragraph, and issue notes to evidence	56384
that borrowing to mature not later than the thirtieth day of June	56385
of the calendar year following the calendar year in which such	56386
amount was borrowed. The principal amount borrowed in the last six	56387
months of calendar years 2003 or 2004 under this paragraph may not	56388
exceed the entire amount accrued or to be accrued by the district	56389
treasurer in those calendar years pursuant to the preceding	56390
paragraph. The proceeds of the notes shall be used only for the	56391
purposes for which the anticipated receipts are lawfully	56392
appropriated by the board of education. No board of education	56393
shall be required to use the authority granted by this paragraph.	56394
The receipts so anticipated, and additional amounts from	56395
distributions to the districts in the first six months of calendar	56396
years 2004 and 2005 pursuant to Chapter 3317. of the Revised Code	56397
needed to pay the interest on the notes, shall be deemed	56398
appropriated by the board of education to the extent necessary for	56399
the payment of the principal of and interest on the notes at	56400
maturity, and the amounts necessary to make those monthly	56401
distributions are appropriated from the General Revenue Fund. For	56402
the purpose of better ensuring the prompt payment of principal of	56403
and interest on the notes when due, the resolution of the board of	56404
education authorizing the notes may direct that the amount of the	56405
receipts anticipated, together with those additional amounts	56406
needed to pay the interest on the borrowed amounts, shall be	56407
deposited and segregated, in trust or otherwise, to the extent, at	56408
the time or times, and in the manner provided in that resolution.	56409
The borrowing authorized by this section does not constitute debt	56410
for purposes of section 133.04 of the Revised Code. School	56411
districts shall be reimbursed by the state for all necessary and	56412
actual costs to districts arising from this provision, including,	56413
without limitation, the interest paid on the notes while the notes	56414
are outstanding. The Department of Education shall adopt rules	56415
that are not inconsistent with this section for school district	56416
eligibility and application for reimbursement of such costs.	56417
Payments of these costs shall be made out of any anticipated	56418
balances in appropriation items distributed under Chapter 3317. of	56419
the Revised Code. The department shall submit all requests for	56420
reimbursement under these provisions to the Controlling Board for	56421
approval.	56422

During the last six months of each calendar year, instead of	56423
deducting the amount the Superintendent of Public Instruction	56424
would otherwise deduct from a school district's or educational	56425
service center's state aid payments in accordance with the	56426
certifications made for such year pursuant to sections 3307.56 and	56427
3309.51 of the Revised Code, the superintendent shall deduct an	56428
amount equal to forty per cent of the amount so certified. The	56429
secretaries of the retirement systems shall compute the	56430
certifications for the ensuing year under such sections as if the	56431
entire amounts certified as due in the calendar year ending the	56432
current fiscal year, but not deducted pursuant to this paragraph,	56433
had been deducted and paid in that calendar year. During the first	56434
six months of the ensuing calendar year, in addition to deducting	56435
the amounts the Superintendent of Public Instruction is required	56436
to deduct under such sections during such period, the	56437
superintendent shall deduct from a district's or educational	56438
service center's state aid payments an additional amount equal to	56439
the amount that was certified as due from the district for the	56440
calendar year that ends during the fiscal year, but that was not	56441
deducted because of this paragraph. The superintendent's	56442
certifications to the Director of Budget and Management during the	56443
first six months of the calendar year shall reflect such	56444
additional deduction.	56445

Section 40.25. EDUCATIONAL SERVICE CENTERS FUNDING

56446

Notwithstanding division (B) of section 3317.11 of the	56447
Revised Code, no funds shall be provided to an educational service	56448
center in either fiscal year for any pupils of a city or exempted	56449
village school district unless an agreement to provide services	56450
under section 3313.843 of the Revised Code was entered into by	56451
January 1, 1997, except that funds shall be provided to an	56452
educational service center for any pupils of a city school	56453
district if the agreement to provide services was entered into	56454
within one year of the date upon which such district changed from	56455
a local school district to a city school district. If insufficient	56456
funds are appropriated in fiscal year 2004 or fiscal year 2005 for	56457
the purposes of division (B) of section 3317.11 of the Revised	56458
Code, the Department shall first distribute to each educational	56459
service center $37 per pupil in its service center ADM, as defined	56460
in that section. The remaining funds in each fiscal year shall be	56461
distributed proportionally, on a per-student basis, to each	56462
educational service center for its client ADM, as defined in that	56463
section, that is attributable to each city and exempted village	56464
school district that had entered into an agreement with an	56465
educational service center for that fiscal year under section	56466
3313.843 of the Revised Code by January 1, 1997.	56467

Section 40.26. * For the school year commencing July 1, 2003,	56468
or the school year commencing July 1, 2004, or both, the	56469
Superintendent of Public Instruction may waive for the board of	56470
education of any school district the ratio of teachers to pupils	56471
in kindergarten through fourth grade required under paragraph	56472
(A)(3) of rule 3301-35-05 of the Administrative Code if the	56473
following conditions apply:	56474

(A) The board of education requests the waiver.

56475

(B) After the Department of Education conducts an on-site	56476
evaluation of the district related to meeting the required ratio,	56477
the board of education demonstrates to the satisfaction of the	56478
Superintendent of Public Instruction that providing the facilities	56479
necessary to meet the required ratio during the district's regular	56480
school hours with pupils in attendance would impose an extreme	56481
hardship on the district.	56482

(C) The board of education provides assurances that are	56483
satisfactory to the Superintendent of Public Instruction that the	56484
board will act in good faith to meet the required ratio as soon as	56485
possible.	56486

Section 40.27. PRIVATE TREATMENT FACILITY PILOT PROJECT

56487

(A) As used in this section:

56488

(1) The following are "participating residential treatment	56489
centers":	56490

(a) Private residential treatment facilities that have	56491
entered into a contract with the Department of Youth Services to	56492
provide services to children placed at the facility by the	56493
Department and which, in fiscal year 2004 or fiscal year 2005 or	56494
both, the Department pays through appropriation item 470-401, Care	56495
and Custody;	56496

(b) Abraxas, in Shelby;

56497

56498

(d) Act One, in Akron;

56499

(e) Friars Club, in Cincinnati.

56500

(2) "Education program" means an elementary or secondary	56501
education program or a special education program and related	56502
services.	56503

(3) "Served child" means any child receiving an education	56504
program pursuant to division (B) of this section.	56505

(4) "School district responsible for tuition" means a city,	56506
exempted village, or local school district that, if tuition	56507
payment for a child by a school district is required under law	56508
that existed in fiscal year 1998, is the school district required	56509
to pay that tuition.	56510

(5) "Residential child" means a child who resides in a	56511
participating residential treatment center and who is receiving an	56512
educational program under division (B) of this section.	56513

(B) A youth who is a resident of the state and has been	56514
assigned by a juvenile court or other authorized agency to a	56515
residential treatment facility specified in division (A) of this	56516
section shall be enrolled in an approved educational program	56517
located in or near the facility. Approval of the educational	56518
program shall be contingent upon compliance with the criteria	56519
established for such programs by the Department of Education. The	56520
educational program shall be provided by a school district or	56521
educational service center, or by the residential facility itself.	56522
Maximum flexibility shall be given to the residential treatment	56523
facility to determine the provider. In the event that a voluntary	56524
agreement cannot be reached and the residential facility does not	56525
choose to provide the educational program, the educational service	56526
center in the county in which the facility is located shall	56527
provide the educational program at the treatment center to	56528
children under twenty-two years of age residing in the treatment	56529
center.	56530

(C) Any school district responsible for tuition for a	56531
residential child shall, notwithstanding any conflicting provision	56532
of the Revised Code regarding tuition payment, pay tuition for the	56533
child for fiscal year 2004 and fiscal year 2005 to the education	56534
program provider and in the amount specified in this division. If	56535
there is no school district responsible for tuition for a	56536
residential child and if the participating residential treatment	56537
center to which the child is assigned is located in the city,	56538
exempted village, or local school district that, if the child were	56539
not a resident of that treatment center, would be the school	56540
district where the child is entitled to attend school under	56541
sections 3313.64 and 3313.65 of the Revised Code, that school	56542
district, notwithstanding any conflicting provision of the Revised	56543
Code, shall pay tuition for the child for fiscal year 2004 and	56544
fiscal year 2005 under this division unless that school district	56545
is providing the educational program to the child under division	56546
(B) of this section.	56547

A tuition payment under this division shall be made to the	56548
school district, educational service center, or residential	56549
treatment facility providing the educational program to the child.	56550

The amount of tuition paid shall be:

56551

(1) The amount of tuition determined for the district under	56552
division (A) of section 3317.08 of the Revised Code;	56553

(2) In addition, for any student receiving special education	56554
pursuant to an individualized education program as defined in	56555
section 3323.01 of the Revised Code, a payment for excess costs.	56556
This payment shall equal the actual cost to the school district,	56557
educational service center, or residential treatment facility of	56558
providing special education and related services to the student	56559
pursuant to the student's individualized education program, minus	56560
the tuition paid for the child under division (C)(1) of this	56561
section.	56562

A school district paying tuition under this division shall	56563
not include the child for whom tuition is paid in the district's	56564
average daily membership or average daily attendance certified	56565
under division (A) of section 3317.03 or section 3317.034 of the	56566
Revised Code.	56567

(D) In each of fiscal years 2004 and 2005, the Department of	56568
Education shall reimburse, from appropriations made for the	56569
purpose, a school district, educational service center, or	56570
residential treatment facility, whichever is providing the	56571
service, that has demonstrated that it is in compliance with the	56572
funding criteria for each served child for whom a school district	56573
must pay tuition under division (C) of this section. The amount of	56574
the reimbursement shall be the formula amount specified in section	56575
3317.022 of the Revised Code, except that the department shall	56576
proportionately reduce this reimbursement if sufficient funds are	56577
not available to pay this amount to all qualified providers.	56578

(E) Funds provided to a school district, educational service	56579
center, or residential treatment facility under this section shall	56580
be used to supplement, not supplant, funds from other public	56581
sources for which the school district, service center, or	56582
residential treatment facility is entitled or eligible.	56583

(F) The Department of Education shall track the utilization	56584
of funds provided to school districts, educational service	56585
centers, and residential treatment facilities under this section	56586
and monitor the effect of the funding on the educational programs	56587
they provide in participating residential treatment facilities.	56588
The department shall monitor the programs for educational	56589
accountability.	56590

Section 40.28. SCHOOL DISTRICT PARTICIPATION IN NATIONAL	56591
ASSESSMENT OF EDUCATION PROGRESS	56592

The General Assembly intends for the Superintendent of Public	56593
Instruction to provide for school district participation in the	56594
administration of the National Assessment of Education Progress in	56595
accordance with section 3301.27 of the Revised Code.	56596

Section 40.29. Notwithstanding division (C)(1) of section	56597
3313.975 of the Revised Code, in addition to students in	56598
kindergarten through third grade, initial scholarships may be	56599
awarded to fourth, fifth, sixth, seventh, and eighth grade	56600
students in fiscal year 2004 and in fiscal year 2005.	56601

Section 40.30. STATEMENT OF STATE SHARE PERCENTAGE FOR BASE	56602
COST AND PARITY AID FUNDING	56603

Pursuant to division (D)(3) of section 3317.012 of the	56604
Revised Code, and based on the most recent data available prior to	56605
the enactment of this act, the General Assembly has determined	56606
that the state share percentage of base cost and parity aid	56607
funding for the update year (fiscal year 2002) is 49.0%. This is	56608
the target percentage for fiscal year 2004 and fiscal year 2005	56609
that the General Assembly shall use to fulfill its obligation	56610
under division (D)(4) of section 3317.012 of the Revised Code.	56611

Pursuant to division (D)(4) of section 3317.012 of the	56612
Revised Code, and based on the most recent data available prior to	56613
the enactment of this act, the General Assembly has determined	56614
that the state share percentage of base cost and parity aid	56615
funding for fiscal year 2004 is 46.5% and for fiscal year 2005 is	56616
48.6%. This determination fulfills the General Assembly's	56617
obligation under that division for fiscal year 2004 and fiscal	56618
year 2005.	56619

Section 40.31. DEPARTMENT OF EDUCATION APPROPRIATION	56620
TRANSFERS FOR STUDENT ASSESSMENT	56621

In fiscal year 2004 and fiscal year 2005, if the	56622
Superintendent of Public Instruction determines that additional	56623
funds are needed to fully fund the requirements of Am. Sub. S.B. 1	56624
of the 124th General Assembly for assessments of student	56625
performance, the Superintendent of Public Instruction may	56626
recommend the reallocation of unspent and unencumbered	56627
appropriations within the Department of Education to the General	56628
Revenue Fund appropriation item 200-437, Student Assessment, to	56629
the Director of Budget and Management. If the Director of Budget	56630
and Management determines that such a reallocation is required,	56631
the Director of Budget and Management may transfer unspent and	56632
unencumbered funds within the Department of Education as necessary	56633
to appropriation item 200-437, Student Assessment.	56634

Section 40.32. THE ENHANCED URBAN ATTENDANCE IMPROVEMENT	56635
INITIATIVE	56636

The earmarked funds within appropriation item 200-501, Base	56637
Cost Funding, for the Enhanced Urban Attendance Improvement	56638
Initiative in Big Eight districts shall be distributed to each Big	56639
Eight school district in fiscal years 2004 and 2005 in accordance	56640
with the following formula:	56641

(District attendance rate in the current fiscal year – district	56642
attendance rate in fiscal year 2003) X district average daily	56643
attendance in fiscal year 2003 X the formula amount X the state	56644
funding percentage	56645

Where:

56646

(A) The district attendance rate in the current fiscal year	56647
equals the quotient of the total attendance days for the current	56648
fiscal year divided by the sum of total attendance days plus the	56649
total excused and unexcused absence days for the current fiscal	56650
year, as calculated by the Department of Education based on	56651
average daily attendance data reported under section 3317.034 of	56652
the Revised Code and other data reported under section 3301.0714	56653
of the Revised Code.	56654

(B) The district attendance rate in fiscal year 2003 equals	56655
the quotient of the total attendance days for that fiscal year	56656
divided by the sum of total attendance days plus the total excused	56657
and unexcused absence days for that fiscal year, as calculated by	56658
the Department of Education using data comparable to the data	56659
described in division (A) of this section.	56660

(C) The average daily attendance for fiscal year 2003 is	56661
calculated by the Department in a manner comparable to the	56662
calculation of average daily attendance under section 3317.034 of	56663
the Revised Code.	56664

(D) "Formula amount" has the same meaning as in section	56665
3317.02 of the Revised Code.	56666

(E) The state funding percentage equals 50%, unless in either	56667
fiscal year the amount calculated under this section exceeds the	56668
amount of the funds earmarked for this initiative, in which case	56669
the Department shall adjust the state funding percentage so that	56670
the aggregate funding distributed under this section shall not	56671
exceed the amount earmarked for this initiative.	56672

If the result of this calculation is less than zero for any	56673
Big Eight school district, the district's payment under this	56674
section is zero.	56675

Section 40.33. TRANSITIONAL AID FOR FISCAL YEAR 2004 AND	56676
FISCAL YEAR 2005	56677

The Department of Education shall distribute earmarked funds	56678
within appropriation item 200-501, Base Cost Funding, for the	56679
transitional aid for fiscal year 2004 and fiscal year 2005 to each	56680
city, local, and exempted village school district that experiences	56681
a decrease in its SF-3 funding plus charge-off supplement for the	56682
current fiscal year in excess of five per cent of its SF-3 funding	56683
plus charge-off supplement for the previous fiscal year. The	56684
Department shall distribute to each such district an amount to	56685
reduce the decrease to five per cent of the district's SF-3	56686
funding plus charge-off supplement for the previous fiscal year.	56687
For this purpose, "SF-3 funding plus charge-off supplement" equals	56688
the sum of the following:	56689

(A) Base cost funding under division (A) of section 3317.022	56690
of the Revised Code;	56691

(B) Special education and related services additional	56692
weighted funding under division (C)(1) of section 3317.022 of the	56693
Revised Code;	56694

(C) Speech services funding under division (C)(4) of section	56695
3317.022 of the Revised Code;	56696

(D) Vocational education additional weighted funding under	56697
division (E) of section 3317.022 of the Revised Code;	56698

(E) GRADS funding under division (R) of section 3317.024 of	56699
the Revised Code;	56700

(F) Adjustments for classroom teachers and educational	56701
service personnel under divisions (B), (C), and (D) of section	56702
3317.023 of the Revised Code;	56703

(G) Disadvantaged Pupil Impact Aid under section 3317.029 of	56704
the Revised Code;	56705

(H) Gifted education units under division (F) of section	56706
3317.05 of the Revised Code;	56707

(I) Equity aid under section 3317.0213 of the Revised Code;

56708

(J) Transportation under division (D) of section 3317.022 of	56709
the Revised Code;	56710

(K) The state aid guarantee under section 3317.0212 of the	56711
Revised Code;	56712

(L) The excess cost supplement under division (F) of section	56713
3317.022 of the Revised Code;	56714

(M) Parity aid under section 3317.0217 of the Revised Code;

56715

(N) The reappraisal guarantee under former division (C) of	56716
section 3317.04 of the Revised Code;	56717

(O) The charge-off supplement under section 3317.0216 of the	56718
Revised Code.	56719

In determining the distribution under this section in fiscal	56720
year 2005, the Department shall add to each district's SF-3	56721
funding plus charge-off supplement for fiscal year 2004 any amount	56722
paid to the district under this section in fiscal year 2004.	56723

Section 41. OEB OHIO EDUCATIONAL TELECOMMUNICATIONS NETWORK	56724
COMMISSION	56725

General Revenue Fund

56726

GRF	374-100	Personal Services	$	1,300,000	$	1,300,000	56727
GRF	374-200	Maintenance	$	800,000	$	800,000	56728
GRF	374-300	Equipment	$	97,500	$	97,500	56729
GRF	374-401	Statehouse News Bureau	$	185,508	$	185,508	56730
GRF	374-402	Ohio Government Telecommunications Studio	$	688,289	$	688,289	56731
GRF	374-403	Ohio SONET	$	2,000,000	$	2,000,000	56732
GRF	374-404	Telecommunications Operating Subsidy	$	3,917,199	$	3,819,269	56733
TOTAL GRF General Revenue Fund			$	8,988,496	$	8,890,566	56734

General Services Fund Group

56735

4F3	374-603	Affiliate Services	$	3,067,447	$	3,067,447	56736
4T2	374-605	Government Television/Telecommunications Operating	$	150,000	$	150,000	56737
TOTAL GSF General Services							56738
Fund Group			$	3,217,447	$	3,217,447	56739

TOTAL ALL BUDGET FUND GROUPS

12,205,943

12,108,013

56740

STATEHOUSE NEWS BUREAU

56741

The foregoing appropriation item 374-401, Statehouse News	56742
Bureau, shall be used solely to support the operations of the Ohio	56743
Statehouse News Bureau.	56744

OHIO GOVERNMENT TELECOMMUNICATIONS STUDIO

56745

The foregoing appropriation item 374-402, Ohio Government	56746
Telecommunications Studio, shall be used solely to support the	56747
operations of the Ohio Government Telecommunications Studio.	56748

OHIO SONET

56749

The foregoing appropriation item 374-403, Ohio SONET, shall	56750
be used by the Ohio Educational Telecommunications Network	56751
Commission to pay monthly operating expenses and maintenance of	56752
the television and radio transmission infrastructure.	56753

TELECOMMUNICATIONS OPERATING SUBSIDY

56754

The foregoing appropriation item 374-404, Telecommunications	56755
Operating Subsidy, shall be distributed by the Ohio Educational	56756
Telecommunications Network Commission to Ohio's qualified public	56757
educational television stations, radio reading services, and	56758
educational radio stations to support their operations. The funds	56759
shall be distributed pursuant to an allocation developed by the	56760
Ohio Educational Telecommunications Network Commission.	56761

Section 42. ELC OHIO ELECTIONS COMMISSION

56762

General Revenue Fund

56763

GRF	051-321		Operating Expenses		$	294,857		$	294,857		56764
TOTAL GRF General Revenue Fund					$	294,857		$	294,857		56765

State Special Revenue Fund Group

56766

4P2	051-601	Ohio Elections					56767
		Commission Fund	$	312,716	$	321,766	56768
TOTAL SSR State Special							56769
Revenue Fund Group			$	312,716	$	321,766	56770
TOTAL ALL BUDGET FUND GROUPS			$	607,573	$	616,623	56771

Section 43. FUN STATE BOARD OF EMBALMERS AND FUNERAL	56773
DIRECTORS	56774

General Services Fund Group

56775

4K9	881-609	Operating Expenses	$	563,639	$	594,870	56776
TOTAL GSF General Services							56777
Fund Group			$	563,639	$	594,870	56778
TOTAL ALL BUDGET FUND GROUPS			$	563,639	$	594,870	56779

Section 44. ERB STATE EMPLOYMENT RELATIONS BOARD

56781

General Revenue Fund

56782

GRF	125-321		Operating Expenses		$	3,268,338		$	3,268,338		56783
TOTAL GRF General Revenue Fund					$	3,268,338		$	3,268,338		56784

General Services Fund Group

56785

572	125-603	Training and Publications	$	75,541	$	75,541	56786
TOTAL GSF General Services							56787
Fund Group			$	75,541	$	75,541	56788
TOTAL ALL BUDGET FUND GROUPS			$	3,343,879	$	3,343,879	56789

Section 45. ENG STATE BOARD OF ENGINEERS AND SURVEYORS

56791

General Services Fund Group

56792

4K9	892-609	Operating Expenses	$	999,150	$	1,041,369	56793
TOTAL GSF General Services							56794
Fund Group			$	999,150	$	1,041,369	56795
TOTAL ALL BUDGET FUND GROUPS			$	999,150	$	1,041,369	56796

Section 46. EPA ENVIRONMENTAL PROTECTION AGENCY

56798

General Revenue Fund

56799

GRF	715-403	Clean Ohio	$	788,985	$	788,985	56800
GRF	715-501	Local Air Pollution Control	$	1,119,878	$	1,091,882	56801
GRF	717-321	Surface Water	$	9,333,376	$	9,358,950	56802
GRF	718-321	Groundwater	$	1,195,001	$	1,163,554	56803
GRF	719-321	Air Pollution Control	$	2,543,260	$	2,543,260	56804
GRF	721-321	Drinking Water	$	2,713,032	$	2,713,032	56805
GRF	723-321	Hazardous Waste	$	110,184	$	107,284	56806
GRF	724-321	Pollution Prevention	$	765,137	$	745,002	56807
GRF	725-321	Laboratory	$	1,290,237	$	1,293,971	56808
GRF	726-321	Corrective Actions	$	1,253,593	$	1,255,080	56809
TOTAL GRF General Revenue Fund			$	21,112,683	$	21,061,000	56810

General Services Fund Group

56811

199	715-602	Laboratory Services	$	1,042,081	$	1,045,654	56812
219	715-604	Central Support Indirect	$	15,239,297	$	15,544,407	56813
4A1	715-640	Operating Expenses	$	3,308,758	$	3,369,731	56814
TOTAL GSF General Services							56815
Fund Group			$	19,590,136	$	19,959,792	56816

Federal Special Revenue Fund Group

56817

3F2	715-630	Revolving Loan Fund - Operating	$	80,000	$	80,000	56818
3F3	715-632	Fed Supported Cleanup and Response	$	2,792,648	$	2,326,434	56819
3F4	715-633	Water Quality Management	$	737,850	$	712,850	56820
3F5	715-641	Nonpoint Source Pollution Management	$	7,090,002	$	7,155,000	56821
3J1	715-620	Urban Stormwater	$	850,000	$	956,001	56822
3K2	715-628	Clean Water Act 106	$	4,125,992	$	4,125,992	56823
3K4	715-634	DOD Monitoring and Oversight	$	1,462,173	$	1,450,333	56824
3K6	715-639	Remedial Action Plan	$	416,000	$	385,001	56825
3N1	715-655	Pollution Prevention Grants	$	10,172	$	0	56826
3N4	715-657	DOE Monitoring and Oversight	$	3,362,932	$	3,427,442	56827
3V7	715-606	Agencywide Grants	$	100,268	$	0	56828
352	715-611	Wastewater Pollution	$	252,000	$	265,002	56829
353	715-612	Public Water Supply	$	2,480,989	$	2,484,114	56830
354	715-614	Hazardous Waste Management - Federal	$	4,195,192	$	4,203,891	56831
357	715-619	Air Pollution Control - Federal	$	5,447,334	$	5,599,501	56832
362	715-605	Underground Injection Control - Federal	$	101,874	$	101,874	56833
TOTAL FED Federal Special Revenue							56834
Fund Group			$	33,505,426	$	33,273,435	56835

State Special Revenue Fund Group

56836

3T3	715-669	Drinking Water SRF	$	3,631,132	$	3,716,777	56837
4J0	715-638	Underground Injection Control	$	379,488	$	394,385	56838
4K2	715-648	Clean Air - Non Title V	$	3,092,801	$	3,370,002	56839
4K3	715-649	Solid Waste	$	13,578,411	$	13,578,411	56840
4K4	715-650	Surface Water Protection	$	9,380,180	$	9,380,181	56841
4K5	715-651	Drinking Water Protection	$	6,294,334	$	6,255,946	56842
4P5	715-654	Cozart Landfill	$	146,792	$	149,728	56843
4R5	715-656	Scrap Tire Management	$	5,800,000	$	6,000,000	56844
4R9	715-658	Voluntary Action Program	$	603,435	$	795,671	56845
4T3	715-659	Clean Air - Title V Permit Program	$	16,950,003	$	16,650,001	56846
4U7	715-660	Construction & Demolition Debris	$	220,000	$	220,000	56847
5H4	715-664	Groundwater Support	$	1,768,661	$	1,797,036	56848
5N2	715-613	Dredge and Fill	$	30,000	$	30,000	56849
5S1	715-607	Clean Ohio - Operating	$	206,735	$	208,174	56850
500	715-608	Immediate Removal Special Account	$	475,024	$	482,000	56851
503	715-621	Hazardous Waste Facility Management	$	11,051,591	$	11,465,671	56852
503	715-662	Hazardous Waste Facility Board	$	566,350	$	576,619	56853
505	715-623	Hazardous Waste Cleanup	$	10,862,544	$	11,557,987	56854
505	715-674	Clean Ohio Environmental Review	$	999,896	$	1,179,249	56855
541	715-670	Site Specific Cleanup	$	344,448	$	345,075	56856
542	715-671	Risk Management Reporting	$	142,087	$	146,188	56857
6A1	715-645	Environmental Education	$	1,500,000	$	1,500,000	56858
602	715-626	Motor Vehicle Inspection and Maintenance	$	1,444,464	$	1,437,398	56859
644	715-631	ER Radiological Safety	$	281,424	$	286,114	56860
660	715-629	Infectious Waste Management	$	160,000	$	160,000	56861
676	715-642	Water Pollution Control Loan Administration	$	4,858,798	$	4,964,625	56862
678	715-635	Air Toxic Release	$	314,081	$	210,662	56863
679	715-636	Emergency Planning	$	2,798,648	$	2,828,647	56864
696	715-643	Air Pollution Control Administration	$	750,002	$	750,000	56865
699	715-644	Water Pollution Control Administration	$	625,000	$	625,000	56866
TOTAL SSR State Special Revenue Fund Group			$	99,256,329	$	101,061,547	56867
TOTAL ALL BUDGET FUND GROUPS			$	173,464,574	$	175,355,774	56868

CENTRAL SUPPORT INDIRECT

56869

Notwithstanding any other provision of law to the contrary,	56870
the Director of Environmental Protection, with the approval of the	56871
Director of Budget and Management, shall utilize a methodology for	56872
determining each division's payments into the Central Support	56873
Indirect Fund (Fund 219). The methodology used shall contain the	56874
characteristics of administrative ease and uniform application.	56875
Payments to the Central Support Indirect Fund (Fund 219) shall be	56876
made using an intrastate transfer voucher.	56877

CLEAN OHIO - OPERATING

56878

The foregoing appropriation item 715-607, Clean Ohio -	56879
Operating, shall be used by the Ohio Environmental Protection	56880
Agency in administering sections 122.65 to 122.658 of the Revised	56881
Code.	56882

Section 47. EBR ENVIRONMENTAL REVIEW APPEALS COMMISSION

56883

General Revenue Fund

56884

GRF	172-321	Operating Expenses	$	437,131	$	439,109	56885
TOTAL GRF General Revenue Fund			$	437,131	$	439,109	56886
TOTAL ALL BUDGET FUND GROUPS			$	437,131	$	439,109	56887

Section 48. ETH OHIO ETHICS COMMISSION

56889

General Revenue Fund

56890

GRF	146-321		Operating Expenses		$	1,257,016		$	1,283,016		56891
TOTAL GRF General Revenue Fund					$	1,257,016		$	1,283,016		56892

General Services Fund Group

56893

4M6	146-601	Operating Expenses	$	409,543	$	383,543	56894
TOTAL GSF General Services							56895
Fund Group			$	409,543	$	383,543	56896
TOTAL ALL BUDGET FUND GROUPS			$	1,666,559	$	1,666,559	56897

Section 49. EXP OHIO EXPOSITIONS COMMISSION

56899

General Revenue Fund

56900

GRF	723-403		Junior Fair Subsidy		$	465,412		$	465,412		56901
TOTAL GRF General Revenue Fund					$	465,412		$	465,412		56902

State Special Revenue Fund Group

56903

4N2	723-602	Ohio State Fair Harness Racing	$	520,000	$	520,000	56904
506	723-601	Operating Expenses	$	13,211,481	$	13,643,315	56905
640	723-603	State Fair Reserve	$	125,000	$	0	56906
TOTAL SSR State Special Revenue							56907
Fund Group			$	13,856,481	$	14,163,315	56908
TOTAL ALL BUDGET FUND GROUPS			$	14,321,893	$	14,628,727	56909

STATE FAIR RESERVE

56910

The foregoing appropriation item 723-603, State Fair Reserve,	56911
shall serve as a budget reserve fund for the Ohio Expositions	56912
Commission in the event of a significant decline in attendance due	56913
to inclement weather or extraordinary circumstances during the	56914
Ohio State Fair resulting in a loss of revenue. The State Fair	56915
Reserve may be used by the Ohio Expositions Commission to pay	56916
bills resulting from the Ohio State Fair only if all the following	56917
criteria are met:	56918

(A) Admission revenues for the 2003 Ohio State Fair are less	56919
than $2,542,500 or admission revenues for the 2004 Ohio State Fair	56920
are less than $2,619,000 due to inclement weather or extraordinary	56921
circumstances. These amounts are ninety per cent of the projected	56922
admission revenues for each year.	56923

(B) The Ohio Expositions Commission declares a state of	56924
fiscal exigency and requests release of funds by the Director of	56925
Budget and Management.	56926

(C) The Director of Budget and Management releases the funds.	56927
The Director of Budget and Management may approve or disapprove	56928
the request for release of funds, may increase or decrease the	56929
amount of release, and may place such conditions as the director	56930
considers necessary on the use of the released funds. The Director	56931
of Budget and Management may transfer appropriation authority from	56932
fiscal year 2004 to fiscal year 2005 as needed.	56933

In the event that the Ohio Expositions Commission faces a	56934
temporary cash shortage that will preclude it from meeting current	56935
obligations, the Commission may request the Director of Budget and	56936
Management to approve use of the State Fair Reserve to meet those	56937
obligations. The request shall include a plan describing how the	56938
Commission will eliminate the cash shortage. If the Director of	56939
Budget and Management approves the expenditures, the Commission	56940
shall reimburse Fund 640 by the thirtieth day of June of that same	56941
fiscal year through an intrastate transfer voucher. The amount	56942
reimbursed is hereby appropriated.	56943

Of the foregoing appropriation item 723-603, State Fair	56944
Reserve, up to $125,000 shall be transferred in fiscal year 2004	56945
to appropriation item 723-403, Junior Fair Subsidy.	56946

Section 50. GOV OFFICE OF THE GOVERNOR

56947

General Revenue Fund

56948

GRF	040-321	Operating Expenses	$	4,112,358	$	4,235,726	56949
GRF	040-403	Federal Relations	$	493,818	$	493,818	56950
GRF	040-408	Office of Veterans' Affairs	$	276,723	$	285,025	56951
GRF	040-503	Veterans' Organizations	$	1,283,992	$	1,283,992	56952
TOTAL GRF General Revenue Fund			$	6,166,891	$	6,298,561	56953

General Services Fund Group

56954

412	040-607		Federal Relations		$	500,000		$	500,000		56955
TOTAL GSF General Services Fund Group					$	500,000		$	500,000		56956

TOTAL ALL BUDGET FUND GROUPS

6,666,891

6,798,561

56957

APPOINTMENT OF LEGAL COUNSEL FOR THE GOVERNOR

56958

The Governor may expend a portion of the foregoing	56959
appropriation item 040-321, Operating Expenses, to hire or appoint	56960
legal counsel to be used in proceedings involving the Governor in	56961
the Governor's official capacity or the Governor's office only,	56962
without the approval of the Attorney General, notwithstanding	56963
sections 109.02 and 109.07 of the Revised Code.	56964

VETERANS' ORGANIZATIONS

56965

The foregoing appropriation item 040-503, Veterans'	56966
Organizations, shall be used to provide subsidies to veterans'	56967
organizations to promote and provide assistance to veterans in	56968
Ohio. The Governor shall determine which veterans' organizations	56969
receive funding, as well as determining the amount of each subsidy	56970
for each fiscal year.	56971

FEDERAL RELATIONS

56972

Of the foregoing appropriation item 040-403, Federal	56973
Relations, not more than $142,428 shall be used for dues to the	56974
National Governor's Conference in each fiscal year, and not more	56975
than $27,390 shall be used for dues to the Great Lakes Conference	56976
in each fiscal year.	56977

A portion of the foregoing appropriation items 040-403,	56978
Federal Relations, and 040-607, Federal Relations, may be used to	56979
support Ohio's membership in national or regional associations.	56980

The Office of the Governor may charge any state agency of the	56981
executive branch using an intrastate transfer voucher such amounts	56982
necessary to defray the costs incurred for the conduct of federal	56983
relations associated with issues that can be attributed to the	56984
agency. Amounts collected shall be deposited to the Office of the	56985
Governor Federal Relations Fund (Fund 412).	56986

Section 51. DOH DEPARTMENT OF HEALTH

56987

General Revenue Fund

56988

GRF	440-407	Animal Borne Disease and Prevention	$	2,690,101	$	2,690,101	56989
GRF	440-412	Cancer Incidence Surveillance System	$	736,616	$	736,616	56990
GRF	440-413	Healthy Communities	$	4,139,009	$	4,139,009	56991
GRF	440-416	Child and Family Health Services	$	8,872,472	$	8,872,472	56992
GRF	440-418	Immunizations	$	7,594,803	$	7,594,803	56993
GRF	440-419	Sexual Assault Prevention	$	35,899	$	35,899	56994
GRF	440-444	AIDS Prevention and Treatment	$	7,589,816	$	7,589,816	56995
GRF	440-446	Infectious Disease Prevention	$	439,330	$	439,330	56996
GRF	440-451	Lab and Public Health Prevention Programs	$	6,085,250	$	6,085,250	56997
GRF	440-452	Child and Family Health Services Match	$	1,024,017	$	1,024,017	56998
GRF	440-453	Health Care Quality Assurance	$	10,453,728	$	10,453,728	56999
GRF	440-454	Local Environmental Health	$	1,047,654	$	1,047,654	57000
GRF	440-459	Help Me Grow	$	9,861,089	$	9,861,089	57001
GRF	440-461	Center for Vital and Health Stats	$	3,579,790	$	3,579,790	57002
GRF	440-504	Poison Control Network	$	260,713	$	260,713	57003
GRF	440-505	Medically Handicapped Children	$	5,832,257	$	5,985,738	57004
GRF	440-507	Targeted Health Care Services Over 21	$	731,023	$	731,023	57005
GRF	440-508	Migrant Health	$	91,301	$	91,301	57006
TOTAL GRF General Revenue Fund			$	71,064,868	$	71,218,349	57007

General Services Fund Group

57008

142	440-618	General Operations - General Services Fund	$	1,328,346	$	1,417,817	57009
211	440-613	Central Support Indirect Costs	$	26,149,512	$	26,276,178	57010
473	440-622	Lab Operating Expenses	$	4,154,045	$	4,154,045	57011
683	440-633	Employee Assistance Program	$	1,192,234	$	1,192,214	57012
698	440-634	Nurse Aide Training	$	170,000	$	170,000	57013
TOTAL GSF General Services							57014
Fund Group			$	32,994,137	$	33,210,254	57015

Federal Special Revenue Fund Group

57016

320	440-601	Maternal Child Health Block Grant	$	34,451,205	$	35,136,169	57017
387	440-602	Preventive Health Block Grant	$	8,200,000	$	8,200,000	57018
389	440-604	Women, Infants, and Children	$	210,000,000	$	220,000,000	57019
391	440-606	Medicaid/Medicare	$	26,294,274	$	26,820,159	57020
392	440-618	General Operations - Federal Fund	$	114,474,764	$	115,319,323	57021
TOTAL FED Federal Special Revenue							57022
Fund Group			$	393,420,243	$	405,475,651	57023

State Special Revenue Fund Group

57024

4D6	440-608	Genetics Services	$	2,300,000	$	2,300,000	57025
4F9	440-610	Sickle Cell Disease Control	$	1,035,344	$	1,035,344	57026
4G0	440-636	Heirloom Birth Certificate	$	5,000	$	5,000	57027
4G0	440-637	Birth Certificate Surcharge	$	5,000	$	5,000	57028
4L3	440-609	Miscellaneous Expenses	$	256,082	$	144,119	57029
4T4	440-603	Child Highway Safety	$	233,894	$	233,894	57030
4V6	440-641	Save Our Sight	$	1,733,327	$	1,767,994	57031
470	440-618	General Operations - State Special Revenue	$	14,454,867	$	15,953,072	57032
471	440-619	Certificate of Need	$	475,000	$	483,572	57033
477	440-627	Medically Handicapped Children Audit	$	4,640,498	$	4,733,008	57034
5B5	440-616	Quality, Monitoring, and Inspection	$	838,479	$	838,479	57035
5C0	440-615	Alcohol Testing and Permit	$	1,455,405	$	1,455,405	57036
5D6	440-620	Second Chance Trust	$	887,018	$	825,951	57037
5G4	440-639	Adoption Services	$	20,000	$	20,000	57038
5L1	440-623	Nursing Facility Technical Assistance Program	$	586,153	$	617,517	57039
610	440-626	Radiation Emergency Response	$	923,315	$	923,315	57040
666	440-607	Medically Handicapped Children - County Assessments	$	14,320,687	$	14,320,687	57041
TOTAL SSR State Special Revenue							57042
Fund Group			$	44,858,390	$	45,662,357	57043

Holding Account Redistribution Fund Group

57044

R14	440-631	Vital Statistics	$	70,000	$	70,000	57045
R48	440-625	Refunds, Grants Reconciliation, and Audit Settlements	$	20,400	$	20,400	57046
TOTAL 090 Holding Account							57047
Redistribution Fund Group			$	90,400	$	90,400	57048
TOTAL ALL BUDGET FUND GROUPS			$	542,428,038	$	555,657,011	57049

Section 51.01. CANCER REGISTRY SYSTEM

57051

Of the foregoing appropriation item 440-412, Cancer Incidence	57052
Surveillance System, not more than $50,000 in each fiscal year	57053
shall be provided to Health Comp, Inc.	57054

The remaining moneys in appropriation item 440-412, Cancer	57055
Incidence Surveillance System, shall be used to maintain and	57056
operate the Ohio Cancer Incidence Surveillance System pursuant to	57057
sections 3701.261 to 3701.263 of the Revised Code.	57058

CHILD AND FAMILY HEALTH SERVICES

57059

Of the foregoing appropriation item 440-416, Child and Family	57060
Health Services, not more than $1,700,000 in each fiscal year	57061
shall be used for family planning services. None of the funds	57062
received through these family planning grants shall be used to	57063
provide abortion services. None of the funds received through	57064
these family planning grants shall be used for counseling for or	57065
referrals for abortion, except in the case of a medical emergency.	57066
These funds shall be distributed on the basis of the relative need	57067
in the community served by the Director of Health to family	57068
planning programs, which shall include family planning programs	57069
funded under Title V of the "Social Security Act," 49 Stat. 620	57070
(1935), 42 U.S.C.A. 301, as amended, and Title X of the "Public	57071
Health Services Act," 58 Stat. 682 (1946), 42 U.S.C.A. 201, as	57072
amended, as well as to other family planning programs that the	57073
Department of Health also determines will provide services that	57074
are physically and financially separate from abortion-providing	57075
and abortion-promoting activities, and that do not include	57076
counseling for or referrals for abortion, other than in the case	57077
of medical emergency, with state moneys, but that otherwise	57078
substantially comply with the quality standards for such programs	57079
under Title V and Title X.	57080

The Director of Health, by rule, shall provide reasonable	57081
methods by which a grantee wishing to be eligible for federal	57082
funding may comply with these requirements for state funding	57083
without losing its eligibility for federal funding, while ensuring	57084
that a family planning program receiving a family planning grant	57085
must be organized so that it is physically and financially	57086
separate from the provision of abortion services and from	57087
activities promoting abortion as a method of family planning.	57088

Of the foregoing appropriation item 440-416, Child and Family	57089
Health Services, not more than $270,000 shall be used in each	57090
fiscal year for the OPTIONS dental care access program.	57091

Of the foregoing appropriation item 440-416, Child and Family	57092
Health Services, not more than $900,000 in each fiscal year shall	57093
be used by federally qualified health centers and federally	57094
designated look-alikes to provide services to uninsured low-income	57095
persons.	57096

Of the foregoing appropriation item 440-416, Child and Family	57097
Health Services, $500,000 in each fiscal year shall be used for	57098
abstinence-only education. The Director of Health shall develop	57099
guidelines for the establishment of abstinence programs for	57100
teenagers with the purpose of decreasing unplanned pregnancies and	57101
abortion. The guidelines shall be developed pursuant to Title V of	57102
the "Social Security Act," 42 U.S.C. 510, and shall include, but	57103
are not limited to, advertising campaigns and direct training in	57104
schools and other locations.	57105

Of the foregoing appropriation item 440-416, Child and Family	57106
Health Services, $30,000 in each fiscal year shall be allocated to	57107
the Jewish Family Service of Cleveland, $10,000 in each fiscal	57108
year shall be allocated to the Jewish Family Service of	57109
Cincinnati, and $10,000 in each fiscal year shall be allocated to	57110
the Jewish Family Services of Columbus for interpreters for health	57111
care.	57112

SEXUAL ASSAULT PREVENTION AND INTERVENTION

57113

The foregoing appropriation item 440-419, Sexual Assault	57114
Prevention and Intervention, shall be used for the following	57115
purposes:	57116

(A) Funding of new services in counties with no services for	57117
sexual assault;	57118

(B) Expansion of services provided in currently funded	57119
projects so that comprehensive crisis intervention and prevention	57120
services are offered;	57121

(C) Start-up funding for Sexual Assault Nurse Examiner (SANE)	57122
projects;	57123

(D) Statewide expansion of local outreach and public	57124
awareness efforts.	57125

HIV/AIDS PREVENTION/TREATMENT

57126

Of the foregoing appropriation item 440-444, AIDS Prevention	57127
and Treatment, up to $6.4 million in fiscal year 2004 and up to	57128
$6.7 million in fiscal year 2005 shall be used to assist persons	57129
with HIV/AIDS in acquiring HIV-related medications.	57130

INFECTIOUS DISEASE PREVENTION

57131

Of the foregoing appropriation item 440-446, Infectious	57132
Disease Prevention, not more than $200,000 in each fiscal year	57133
shall be used to reimburse boards of county commissioners pursuant	57134
to division (A) of section 339.77 of the Revised Code.	57135

Of the foregoing appropriation item 440-446, Infectious	57136
Disease Prevention, not more than $60,000 shall be used by the	57137
Director of Health to reimburse Boards of County Commissioners for	57138
the cost of detaining indigent persons with tuberculosis. Any	57139
portion of the $60,000 allocated for detainment not used for that	57140
purpose shall be used to make payments to counties pursuant to	57141
section 339.77 of the Revised Code.	57142

Of the foregoing appropriation item 440-446, Infectious	57143
Disease Prevention, not more than $250,000 in each fiscal year	57144
shall be used for the purchase of drugs for sexually transmitted	57145
diseases.	57146

HELP ME GROW

57147

The foregoing appropriation item 440-459, Help Me Grow, shall	57148
be used by the Department of Health to distribute subsidies to	57149
counties to implement the Help Me Grow program. Appropriation item	57150
440-459 may be used in conjunction with Temporary Assistance for	57151
Needy Families from the Department of Job and Family Services,	57152
Early Intervention funding from the Department of Mental	57153
Retardation and Developmental Disabilities, and in conjunction	57154
with other early childhood funds and services to promote the	57155
optimal development of young children. Local contracts shall be	57156
developed between local departments of job and family services and	57157
family and children first councils for the administration of TANF	57158
funding for the Help Me Grow Program. The Department of Health	57159
shall enter into an interagency agreement with the Department of	57160
Education, Department of Mental Retardation and Developmental	57161
Disabilities, Department of Job and Family Services, and	57162
Department of Mental Health to ensure that all early childhood	57163
programs and initiatives are coordinated and school linked.	57164

POISON CONTROL NETWORK

57165

The foregoing appropriation item 440-504, Poison Control	57166
Network, shall be used in each fiscal year by the Department of	57167
Health for grants to the consolidated Ohio Poison Control Center	57168
to provide poison control services to Ohio citizens.	57169

TARGETED HEALTH CARE SERVICES OVER 21

57170

In each fiscal year, appropriation item 440-507, Targeted	57171
Health Care Services Over 21, shall be used to administer the	57172
cystic fibrosis program and implement the Hemophilia Insurance	57173
Premium Payment program.	57174

MATERNAL CHILD HEALTH BLOCK GRANT

57175

Of the foregoing appropriation item 440-601, Maternal Child	57176
Health Block Grant (Fund 320), $2,091,299 shall be used in each	57177
fiscal year for the purposes of abstinence-only education. The	57178
Director of Health shall develop guidelines for the establishment	57179
of abstinence programs for teenagers with the purpose of	57180
decreasing unplanned pregnancies and abortion. Such guidelines	57181
shall be pursuant to Title V of the "Social Security Act," 42	57182
U.S.C. 510, and shall include, but are not limited to, advertising	57183
campaigns and direct training in schools and other locations.	57184

GENETICS SERVICES

57185

The foregoing appropriation item 440-608, Genetics Services	57186
(Fund 4D6), shall be used by the Department of Health to	57187
administer programs authorized by sections 3701.501 and 3701.502	57188
of the Revised Code. None of these funds shall be used to counsel	57189
or refer for abortion, except in the case of a medical emergency.	57190

SAFETY AND QUALITY OF CARE STANDARDS

57191

The Department of Health may use Fund 471, Certificate of	57192
Need, for administering sections 3702.11 to 3702.20 and 3702.30 of	57193
the Revised Code in each fiscal year.	57194

MEDICALLY HANDICAPPED CHILDREN AUDIT

57195

The Medically Handicapped Children Audit Fund (Fund 477)	57196
shall receive revenue from audits of hospitals and recoveries from	57197
third-party payers. Moneys may be expended for payment of audit	57198
settlements and for costs directly related to obtaining recoveries	57199
from third-party payers and for encouraging Medically Handicapped	57200
Children's Program recipients to apply for third-party benefits.	57201
Moneys also may be expended for payments for diagnostic and	57202
treatment services on behalf of medically handicapped children, as	57203
defined in division (A) of section 3701.022 of the Revised Code,	57204
and Ohio residents who are twenty-one or more years of age and who	57205
are suffering from cystic fibrosis. Moneys may also be expended	57206
for administrative expenses incurred in operating the Medically	57207
Handicapped Children's Program.	57208

CASH TRANSFER FROM LIQUOR CONTROL FUND TO ALCOHOL TESTING AND	57209
PERMIT FUND	57210

The Director of Budget and Management, pursuant to a plan	57211
submitted by the Department of Health, or as otherwise determined	57212
by the Director of Budget and Management, shall set a schedule to	57213
transfer cash from the Liquor Control Fund (Fund 043) to the	57214
Alcohol Testing and Permit Fund (Fund 5C0) to meet the operating	57215
needs of the Alcohol Testing and Permit program.	57216

The Director of Budget and Management shall transfer to the	57217
Alcohol Testing and Permit Fund (Fund 5C0) from the Liquor Control	57218
Fund (Fund 043) established in section 4301.12 of the Revised Code	57219
such amounts at such times as determined by the transfer schedule.	57220

MEDICALLY HANDICAPPED CHILDREN - COUNTY ASSESSMENTS

57221

The foregoing appropriation item 440-607, Medically	57222
Handicapped Children - County Assessments (Fund 666), shall be	57223
used to make payments pursuant to division (E) of section 3701.023	57224
of the Revised Code.	57225

NURSING FACILITY TECHNICAL ASSISTANCE PROGRAM

57226

The Director of Budget and Management shall transfer, by	57227
intrastate transfer voucher, each fiscal year, cash from Fund 4E3,	57228
Resident Protection Fund, in the Ohio Department of Job and Family	57229
Services, to Fund 5L1, Nursing Facility Technical Assistance Fund,	57230
in the Ohio Department of Health, to be used in accordance with	57231
section 3721.026 of the Revised Code. The transfers shall equal	57232
the amount appropriated per fiscal year in Fund 5L1, Nursing	57233
Facility Technical Assistance Fund.	57234

Section 52. HEF HIGHER EDUCATIONAL FACILITY COMMISSION

57235

Agency Fund Group

57236

461	372-601	Operating Expenses	$	15,290	$	16,819	57237
TOTAL AGY Agency Fund Group			$	15,290	$	16,819	57238
TOTAL ALL BUDGET FUND GROUPS			$	15,290	$	16,819	57239

Section 53. SPA COMMISSION ON HISPANIC/LATINO AFFAIRS

57241

General Revenue Fund

57242

GRF	148-100	Personal Services	$	159,419	$	159,419	57243
GRF	148-200	Maintenance	$	30,901	$	30,901	57244
TOTAL GRF General Revenue Fund			$	190,320	$	190,320	57245

General Services Fund Group

57246

601	148-602	Gifts and Miscellaneous	$	8,485	$	8,485	57247
TOTAL GSF General Services							57248
Fund Group			$	8,485	$	8,485	57249
TOTAL ALL BUDGET FUND GROUPS			$	198,805	$	198,805	57250

Section 54. OHS OHIO HISTORICAL SOCIETY

57252

General Revenue Fund

57253

GRF	360-501	Operating Subsidy	$	3,389,973	$	3,389,973	57254
GRF	360-502	Site Operations	$	6,210,438	$	6,210,438	57255
GRF	360-503	Ohio Bicentennial Commission	$	1,847,239	$	58,164	57256
GRF	360-504	Ohio Preservation Office	$	289,733	$	289,733	57257
GRF	360-505	Afro-American Museum	$	778,231	$	778,231	57258
GRF	360-506	Hayes Presidential Center	$	524,981	$	524,981	57259
GRF	360-508	Historical Grants	$	688,470	$	688,470	57260
TOTAL GRF General Revenue Fund			$	13,729,065	$	11,939,990	57261
TOTAL ALL BUDGET FUND GROUPS			$	13,729,065	$	11,939,990	57262

SUBSIDY APPROPRIATION

57263

Upon approval by the Director of Budget and Management, the	57264
foregoing appropriation items shall be released to the Ohio	57265
Historical Society in quarterly amounts that in total do not	57266
exceed the annual appropriations. The funds and fiscal records of	57267
the society for fiscal years 2004 and 2005 shall be examined by	57268
independent certified public accountants approved by the Auditor	57269
of State, and a copy of the audited financial statements shall be	57270
filed with the Office of Budget and Management. The society shall	57271
prepare and submit to the Office of Budget and Management the	57272
following:	57273

(A) An estimated operating budget for each fiscal year of the	57274
biennium. The operating budget shall be submitted at or near the	57275
beginning of each year.	57276

(B) Financial reports, indicating actual receipts and	57277
expenditures for the fiscal year to date. These reports shall be	57278
filed at least semiannually during the fiscal biennium.	57279

The foregoing appropriations shall be considered to be the	57280
contractual consideration provided by the state to support the	57281
state's offer to contract with the Ohio Historical Society under	57282
section 149.30 of the Revised Code.	57283

SITE OPERATIONS

57284

Of the foregoing appropriation item 360-502, Site Operations,	57285
funds shall be distributed to the Afro-American Museum, the Hayes	57286
Presidential Center, as well as other sites controlled by the Ohio	57287
Historical Society in each fiscal year.	57288

HAYES PRESIDENTIAL CENTER

57289

If a United States government agency, including, but not	57290
limited to, the National Park Service, chooses to take over the	57291
operations or maintenance of the Hayes Presidential Center, in	57292
whole or in part, the Ohio Historical Society shall make	57293
arrangements with the National Park Service or other United States	57294
government agency for the efficient transfer of operations or	57295
maintenance.	57296

HISTORICAL GRANTS

57297

Of the foregoing appropriation item 360-508, Historical	57298
Grants, $100,000 in each fiscal year shall be distributed to the	57299
Hebrew Union College in Cincinnati for the Center for Holocaust	57300
and Humanity Education.	57301

OHIO BICENTENNIAL COMMISSION ROYALTIES

57302

Notwithstanding any previous arrangement to the contrary, the	57303
Ohio Bicentennial Commission shall keep the first $100,000 in	57304
earned royalties associated with the Ohio Bicentennial logo during	57305
the 2003-2005 biennium. This $100,000 shall be used to cover the	57306
operating expenses of the Ohio Bicentennial Commission in fiscal	57307
year 2005. The remaining moneys collected from royalties	57308
associated with the Ohio Bicentennial logo shall be deposited into	57309
the General Revenue Fund.	57310

Section 55. REP OHIO HOUSE OF REPRESENTATIVES

57311

General Revenue Fund

57312

GRF	025-321		Operating Expenses		$	19,018,547		$	19,969,473		57313
TOTAL GRF General Revenue Fund					$	19,018,547		$	19,969,473		57314

General Services Fund Group

57315

103	025-601	House Reimbursement	$	1,351,875	$	1,419,469	57316
4A4	025-602	Miscellaneous Sales	$	35,690	$	37,474	57317
TOTAL GSF General Services							57318
Fund Group			$	1,387,565	$	1,456,943	57319
TOTAL ALL BUDGET FUND GROUPS			$	20,406,112	$	21,426,416	57320

Section 56. IGO OFFICE OF THE INSPECTOR GENERAL

57322

General Revenue Fund

57323

GRF	965-321		Operating Expenses		$	645,966		$	651,009		57324
TOTAL GRF General Revenue Fund					$	645,966		$	651,009		57325

State Special Revenue Fund Group

57326

4Z3	965-602	Special Investigations	$	100,000	$	100,000	57327
TOTAL SSR State Special Revenue Fund Group			$	100,000	$	100,000	57328
TOTAL ALL BUDGET FUND GROUPS			$	745,966	$	751,009	57329

SPECIAL INVESTIGATIONS

57330

Of the foregoing appropriation item 965-602, Special	57331
Investigations, up to $100,000 in each fiscal year may be used for	57332
investigative costs, pursuant to section 121.481 of the Revised	57333
Code.	57334

Section 57. INS DEPARTMENT OF INSURANCE

57335

Federal Special Revenue Fund Group

57336

3U5	820-602	OSHIIP Operating Grant	$	560,559	$	560,559	57337
TOTAL FED Federal Special							57338
Revenue Fund Group			$	560,559	$	560,559	57339

State Special Revenue Fund Group

57340

554	820-601	Operating Expenses - OSHIIP	$	506,515	$	561,411	57341
554	820-606	Operating Expenses	$	21,815,431	$	22,357,575	57342
555	820-605	Examination	$	7,433,751	$	7,639,581	57343
TOTAL SSR State Special Revenue							57344
Fund Group			$	29,755,697	$	30,558,567	57345
TOTAL ALL BUDGET FUND GROUPS			$	30,316,256	$	31,119,126	57346

MARKET CONDUCT EXAMINATION

57347

When conducting a market conduct examination of any insurer	57348
doing business in this state, the Superintendent of Insurance may	57349
assess the costs of the examination against the insurer. The	57350
superintendent may enter into consent agreements to impose	57351
administrative assessments or fines for conduct discovered that	57352
may be violations of statutes or regulations administered by the	57353
superintendent. All costs, assessments, or fines collected shall	57354
be deposited to the credit of the Department of Insurance	57355
Operating Fund (Fund 554).	57356

EXAMINATIONS OF DOMESTIC FRATERNAL BENEFIT SOCIETIES

57357

The Superintendent of Insurance may transfer funds from the	57358
Department of Insurance Operating Fund (Fund 554), established by	57359
section 3901.021 of the Revised Code, to the Superintendent's	57360
Examination Fund (Fund 555), established by section 3901.071 of	57361
the Revised Code, only for the expenses incurred in examining	57362
domestic fraternal benefit societies as required by section	57363
3921.28 of the Revised Code.	57364

TRANSFER TO GRF

57365

On July 1, 2003, or as soon as possible thereafter, the	57366
Director of Budget and Management shall transfer $1,000,000 from	57367
the Superintendent's Exam Fund (Fund 555) to the General Revenue	57368
Fund.	57369

On July 1, 2003, or as soon as possible thereafter, the	57370
Director of Budget and Management shall transfer $7,000,000 from	57371
the Department of Insurance Operating Fund (Fund 554) to the	57372
General Revenue Fund.	57373

Section 58. JFS DEPARTMENT OF JOB AND FAMILY SERVICES

57374

General Revenue Fund

57375

GRF	600-321	Support Services					57376
		State	$	58,611,047	$	58,611,047	57377
		Federal	$	6,744,715	$	7,125,883	57378
		Support Services Total	$	65,355,762	$	65,736,930	57379
GRF	600-410	TANF State	$	272,619,061	$	272,619,061	57380
GRF	600-413	Child Care Match/Maintenance of Effort	$	84,120,596	$	84,120,596	57381
GRF	600-416	Computer Projects					57382
		State	$	120,000,000	$	120,000,000	57383
		Federal	$	31,095,442	$	31,400,454	57384
		Computer Projects Total	$	151,095,442	$	151,400,454	57385
GRF	600-420	Child Support Administration	$	5,091,446	$	5,091,446	57386
GRF	600-421	Office of Family Stability	$	4,864,932	$	4,864,932	57387
GRF	600-422	Local Operations	$	2,305,232	$	2,305,232	57388
GRF	600-423	Office of Children and Families	$	5,000,000	$	5,000,000	57389
GRF	600-424	Office of Workforce Development	$	877,971	$	877,971	57390
GRF	600-425	Office of Ohio Health Plans					57391
		State	$	20,085,170	$	20,085,170	57392
		Federal	$	19,996,989	$	19,988,992	57393
		Office of Ohio Health Plans Total	$	40,082,159	$	40,074,162	57394
GRF	600-435	Unemployment Compensation Review Commission	$	3,188,473	$	3,188,473	57395
GRF	600-502	Child Support Match	$	16,814,103	$	16,814,103	57396
GRF	600-511	Disability Financial Assistance	$	22,839,371	$	22,839,371	57397
GRF	600-521	Family Stability Subsidy	$	55,206,401	$	55,206,401	57398
GRF	600-523	Children and Families Subsidy	$	69,846,563	$	69,846,563	57399
GRF	600-525	Health Care/Medicaid					57400
		State	$	3,654,294,321	$	3,822,604,777	57401
		Federal	$	5,192,954,705	$	5,467,412,205	57402
		Health Care Total	$	8,847,249,026	$	9,290,016,982	57403
GRF	600-528	Adoption Services					57404
		State	$	30,642,739	$	30,642,739	57405
		Federal	$	34,287,550	$	34,979,090	57406
		Adoption Services Total	$	64,930,289	$	65,621,829	57407
TOTAL GRF General Revenue Fund							57408
		State	$	4,426,407,426	$	4,594,717,882	57409
		Federal	$	5,285,079,401	$	5,560,906,625	57410
		GRF Total	$	9,711,486,827	$	10,155,624,506	57411

General Services Fund Group

57412

4A8	600-658	Child Support Collections	$	27,255,646	$	26,680,794	57413
4R4	600-665	BCII Services/Fees	$	136,974	$	136,974	57414
5C9	600-671	Medicaid Program Support	$	54,686,270	$	55,137,078	57415
5N1	600-677	County Technologies	$	5,000,000	$	5,000,000	57416
613	600-645	Training Activities	$	135,000	$	135,000	57417
TOTAL GSF General Services							57418
Fund Group			$	87,213,890	$	87,089,846	57419

Federal Special Revenue Fund Group

57420

3A2	600-641	Emergency Food Distribution	$	2,083,500	$	2,187,675	57421
3D3	600-648	Children's Trust Fund Federal	$	2,040,524	$	2,040,524	57422
3F0	600-623	Health Care Federal	$	391,658,105	$	394,221,409	57423
3F0	600-650	Hospital Care Assurance Match	$	298,128,308	$	305,879,644	57424
3G5	600-655	Interagency Reimbursement	$	1,180,523,642	$	1,245,244,536	57425
3H7	600-617	Child Care Federal	$	224,539,425	$	235,045,596	57426
3N0	600-628	IV-E Foster Care Maintenance	$	173,963,142	$	173,963,142	57427
3S5	600-622	Child Support Projects	$	534,050	$	534,050	57428
3V0	600-662	WIA Ohio Option #7	$	87,407,014	$	89,352,850	57429
3V0	600-688	Workforce Investment Act	$	93,636,390	$	94,932,750	57430
3V4	600-678	Federal Unemployment Programs	$	139,590,682	$	142,411,608	57431
3V4	600-679	Unemployment Compensation Review Commission - Federal	$	3,097,320	$	2,860,297	57432
3V6	600-689	TANF Block Grant	$	761,095,609	$	816,909,688	57433
3W3	600-659	TANF/Title XX	$	72,796,826	$	72,796,826	57434
316	600-602	State and Local Training	$	11,212,594	$	11,249,282	57435
327	600-606	Child Welfare	$	29,119,408	$	28,665,728	57436
331	600-686	Federal Operating	$	48,237,185	$	47,340,081	57437
365	600-681	JOB Training Program	$	5,000,000	$	0	57438
384	600-610	Food Stamps and State Administration	$	134,560,572	$	135,141,694	57439
385	600-614	Refugee Services	$	5,793,656	$	5,841,407	57440
395	600-616	Special Activities/Child and Family Services	$	3,975,821	$	3,975,821	57441
396	600-620	Social Services Block Grant	$	47,469,767	$	47,486,134	57442
397	600-626	Child Support	$	273,707,264	$	272,212,680	57443
398	600-627	Adoption Maintenance/ Administration	$	339,957,978	$	340,104,370	57444
TOTAL FED Federal Special Revenue							57445
Fund Group			$	4,330,128,782	$	4,470,397,792	57446

State Special Revenue Fund Group

57447

198	600-647	Children's Trust Fund	$	4,336,109	$	4,336,109	57448
4A9	600-607	Unemployment Compensation Admin Fund	$	8,001,000	$	8,001,000	57449
4E3	600-605	Nursing Home Assessments	$	4,759,913	$	4,759,914	57450
4E7	600-604	Child and Family Services Collections	$	300,000	$	300,000	57451
4F1	600-609	Foundation Grants/Child and Family Services	$	119,310	$	119,310	57452
4J5	600-613	Nursing Facility Bed Assessments	$	35,060,013	$	35,064,238	57453
4J5	600-618	Residential State Supplement Payments	$	15,700,000	$	15,700,000	57454
4K1	600-621	ICF/MR Bed Assessments	$	20,467,050	$	20,428,726	57455
4R3	600-687	Banking Fees	$	592,937	$	592,937	57456
4Z1	600-625	HealthCare Compliance	$	10,000,000	$	10,000,000	57457
5A5	600-685	Unemployment Benefit Automation	$	7,000,000	$	0	57458
5P5	600-692	Health Care Services	$	385,100,993	$	448,932,851	57459
5Q9	600-619	Supplemental Inpatient Hospital Payments	$	30,797,539	$	30,797,539	57460
5R2	600-608	Medicaid-Nursing Facilities	$	113,754,184	$	113,754,184	57461
5S3	600-629	MR/DD Medicaid Administration and Oversight	$	1,620,960	$	1,620,960	57462
5T2	600-652	Child Support Special Payment	$	1,500,000	$	750,000	57463
5U3	600-654	Health Care Services Administration	$	7,576,322	$	6,119,127	57464
5U6	600-663	Children and Family Support	$	4,929,718	$	4,929,718	57465
651	600-649	Hospital Care Assurance Program Fund	$	208,634,072	$	214,058,558	57466
TOTAL SSR State Special Revenue							57467
Fund Group			$	860,250,120	$	920,265,171	57468

Agency Fund Group

57469

192	600-646	Support Intercept - Federal	$	136,500,000	$	136,500,000	57470
5B6	600-601	Food Stamp Intercept	$	5,000,000	$	5,000,000	57471
583	600-642	Support Intercept - State	$	20,565,582	$	20,565,582	57472
TOTAL AGY Agency Fund Group			$	162,065,582	$	162,065,582	57473

Holding Account Redistribution Fund Group

57474

R12	600-643	Refunds and Audit Settlements	$	5,343,906	$	5,343,906	57475
R13	600-644	Forgery Collections		700,000		700,000	57476
TOTAL 090 Holding Account Redistribution Fund Group			$	6,043,906	$	6,043,906	57477
TOTAL ALL BUDGET FUND GROUPS			$	15,157,189,107	$	15,801,486,803	57478

Section 58.01. HEALTH CARE/MEDICAID

57480

The foregoing appropriation item 600-525, Health	57481
Care/Medicaid, shall not be limited by the provisions of section	57482
131.33 of the Revised Code.	57483

Section 58.02. CHILD SUPPORT COLLECTIONS/TANF MOE

57484

The foregoing appropriation item 600-658, Child Support	57485
Collections, shall be used by the Department of Job and Family	57486
Services to meet the TANF maintenance of effort requirements of	57487
Pub. L. No. 104-193. After the state has met the maintenance of	57488
effort requirement, the Department of Job and Family Services may	57489
use funds from appropriation item 600-658 to support public	57490
assistance activities.	57491

Section 58.03. MEDICAID PROGRAM SUPPORT FUND - STATE

57492

The foregoing appropriation item 600-671, Medicaid Program	57493
Support, shall be used by the Department of Job and Family	57494
Services to pay for Medicaid services and contracts. The	57495
Department may also deposit to Fund 5C9 revenues received from	57496
other state agencies for Medicaid services under the terms of	57497
interagency agreements between the Department and other state	57498
agencies.	57499

Section 58.04. HEALTH CARE SERVICES ADMINISTRATION

57500

The foregoing appropriation item 600-654, Health Care	57501
Services Administration, shall be used by the Department of Job	57502
and Family Services for costs associated with the administration	57503
of the Medicaid program.	57504

Section 58.05. HEALTH CARE SERVICES ADMINISTRATION FUND

57505

Of the amount received by the Department of Job and Family	57506
Services during fiscal year 2004 and fiscal year 2005 from the	57507
first installment of assessments paid under section 5112.06 of the	57508
Revised Code and intergovernmental transfers made under section	57509
5112.07 of the Revised Code, the Director of Job and Family	57510
Services shall deposit $350,000 into the state treasury to the	57511
credit of the Health Care Services Administration Fund (Fund 5U3).	57512

HOSPITAL CARE ASSURANCE MATCH FUND

57513

Appropriation item 600-650, Hospital Care Assurance Match,	57514
shall be used by the Department of Job and Family Services in	57515
accordance with division (B) of section 5112.18 of the Revised	57516
Code.	57517

Section 58.06. TANF FEDERAL BLOCK GRANT FUNDS AND TRANSFERS

57518

Upon the request of the Department of Job and Family	57519
Services, the Director of Budget and Management may seek	57520
Controlling Board approval to increase appropriations in	57521
appropriation item 600-689, TANF Block Grant, provided sufficient	57522
funds exist to do so without any corresponding decrease in other	57523
appropriation items. The Department of Job and Family Services	57524
shall provide the Director of Budget and Management and the	57525
Controlling Board with documentation to support the need for the	57526
increased appropriation.	57527

All transfers of moneys from or charges against TANF Federal	57528
Block Grant awards for use in the Social Services Block Grant or	57529
the Child Care and Development Block Grant shall be done after the	57530
Department of Job and Family Services gives written notice to the	57531
Director of Budget and Management. The Department of Job and	57532
Family Services shall first provide the Director of Budget and	57533
Management with documentation to support the need for such	57534
transfers or charges for use in the Social Services Block Grant or	57535
in the Child Care and Development Block Grant.	57536

Before the thirtieth day of September of each fiscal year,	57537
the Department of Job and Family Services shall file claims with	57538
the United States Department of Health and Human Services for	57539
reimbursement for all allowable expenditures for services provided	57540
by the Department of Job and Family Services, or other agencies	57541
that may qualify for Social Services Block Grant funding pursuant	57542
to Title XX of the Social Security Act.	57543

Section 58.06a. OHIO ASSOCIATION OF SECOND HARVEST FOOD BANKS

57544

Of the foregoing appropriation item 600-659, TANF/Title XX	57545
(Fund 3W3), up to $4,500,000 in each fiscal year shall be used by	57546
the Department of Job and Family Services to support expenditures	57547
to the Ohio Association of Second Harvest Food Banks according to	57548
the following criteria.	57549

As used in this section, "federal poverty guidelines" has the	57550
same meaning as in section 5101.46 of the Revised Code.	57551

The Department of Job and Family Services shall provide an	57552
annual grant of $4,500,000 in each of the fiscal years 2004 and	57553
2005 to the Ohio Association of Second Harvest Food Banks. In each	57554
fiscal year, the Ohio Association of Second Harvest Food Banks	57555
shall use $2,500,000 for the purchase of food products for the	57556
Ohio Food Program, of which up to $105,000 may be used for food	57557
storage and transport, and shall use $2,000,000 for the	57558
Agricultural Surplus Production Alliance Project. Funds provided	57559
for the Ohio Food Program shall be used to purchase food products	57560
and to distribute those food products to agencies participating in	57561
the emergency food distribution program. No funds provided through	57562
this grant may be used for administrative expenses other than	57563
funds provided for food storage and transport. As soon as possible	57564
after entering into a grant agreement at the beginning of each	57565
fiscal year, the Department of Job and Family Services shall	57566
distribute the grant funds in one single payment. The Ohio	57567
Association of Second Harvest Food Banks shall develop a plan for	57568
the distribution of the food products to local food distribution	57569
agencies. Agencies receiving these food products shall ensure that	57570
individuals and families who receive any of the food products	57571
purchased with these funds have an income at or below 150 per cent	57572
of the federal poverty guidelines. The Department of Job and	57573
Family Services and the Ohio Association of Second Harvest Food	57574
Banks shall agree on reporting requirements to be incorporated	57575
into the grant agreement.	57576

The Ohio Association of Second Harvest Food Banks shall	57577
return any fiscal year 2004 funds from this grant remaining	57578
unspent on June 30, 2004, to the Department of Job and Family	57579
Services not later than November 1, 2004. The Ohio Association of	57580
Second Harvest Food Banks shall return any fiscal year 2005 funds	57581
from the grant remaining unspent on June 30, 2005, to the	57582
Department of Job and Family Services no later than November 1,	57583
2005.	57584

Section 58.06b. ADULT PROTECTIVE SERVICES

57585

Of the foregoing appropriation item 600-659, TANF/Title XX	57586
(Fund 3W3), up to $2,700,000 in each fiscal year shall be used by	57587
the Department of Job and Family Services to reimburse county	57588
departments of job and family services for all or part of the	57589
costs they incur in providing adult protective services pursuant	57590
to sections 5101.60 to 5101.71 of the Revised Code.	57591

Section 58.07. PRESCRIPTION DRUG REBATE FUND

57592

The foregoing appropriation item 600-692, Health Care	57593
Services, shall be used by the Department of Job and Family	57594
Services in accordance with section 5111.081 of the Revised Code.	57595
Moneys recovered by the Department pursuant to the Department's	57596
rights of recovery under section 5101.58 of the Revised Code, that	57597
are not directed to the Health Care Services Administration Fund	57598
(Fund 5U3) pursuant to section 5111.94 of the Revised Code shall	57599
also be deposited into Fund 5P5.	57600

Section 58.08. ODJFS FUNDS

57601

AGENCY FUND GROUP

57602

The Agency Fund Group shall be used to hold revenues until	57603
the appropriate fund is determined or until they are directed to	57604
the appropriate governmental agency other than the Department of	57605
Job and Family Services. If it is determined that additional	57606
appropriation authority is necessary, such amounts are hereby	57607
appropriated.	57608

HOLDING ACCOUNT REDISTRIBUTION GROUP

57609

The foregoing appropriation items 600-643, Refunds and Audit	57610
Settlements, and 600-644, Forgery Collections, Holding Account	57611
Redistribution Fund Group, shall be used to hold revenues until	57612
they are directed to the appropriate accounts or until they are	57613
refunded. If it is determined that additional appropriation	57614
authority is necessary, such amounts are hereby appropriated.	57615

Section 58.09. CONSOLIDATED FUNDING ALLOCATION FOR COUNTY	57616
DEPARTMENTS OF JOB AND FAMILY SERVICES	57617

Using the foregoing appropriation items 600-521, Family	57618
Stability Subsidy; 600-659, TANF/Title XX; 600-610, Food Stamps	57619
and State Administration; 600-410, TANF State; 600-689, TANF Block	57620
Grant; 600-620, Social Services Block Grant; 600-523, Children and	57621
Families Subsidy; 600-413, Child Care Match/Maintenance of Effort;	57622
600-617, Child Care Federal; and 600-614, Refugees Services, the	57623
Department of Job and Family Services may establish a single	57624
allocation for county departments of job and family services. The	57625
county department is not required to use all the money from one or	57626
more of the appropriation items listed in this paragraph for the	57627
purpose for which the specific appropriation item is made so long	57628
as the county department uses the money for a purpose for which at	57629
least one of the other of those appropriation items is made. The	57630
county department may not use the money in the allocation for a	57631
purpose other than a purpose any of those appropriation items are	57632
made. If the spending estimates used in establishing the single	57633
allocation are not realized and the county department uses money	57634
in one or more of those appropriation items in a manner for which	57635
federal financial participation is not available, the department	57636
shall use state funds available in one or more of those	57637
appropriation items to ensure that the county department receives	57638
the full amount of its allocation.	57639

Section 58.10. TRANSFER OF FUNDS

57640

The Department of Job and Family Services shall transfer,	57641
through intrastate transfer vouchers, cash from State Special	57642
Revenue Fund 4K1, ICF/MR Bed Assessments, to fund 4K8, Home and	57643
Community-Based Services, in the Ohio Department of Mental	57644
Retardation and Developmental Disabilities. The sum of the	57645
transfers shall equal $12,000,000 in fiscal year 2004 and	57646
$12,000,000 in fiscal year 2005. The transfer may occur on a	57647
quarterly basis or on a schedule developed and agreed to by both	57648
departments.	57649

The Department of Job and Family Services shall transfer,	57650
through intrastate transfer vouchers, cash from the State Special	57651
Revenue Fund 4J5, Home and Community-Based Services for the Aged,	57652
to Fund 4J4, PASSPORT, in the Department of Aging. The sum of the	57653
transfers shall be $33,268,052 in fiscal year 2004 and $33,263,984	57654
in fiscal year 2005. The transfer may occur on a quarterly basis	57655
or on a schedule developed and agreed to by both departments.	57656

TRANSFERS OF IMD/DSH CASH

57657

The Department of Job and Family Services shall transfer,	57658
through intrastate transfer voucher, cash from fund 5C9, Medicaid	57659
Program Support, to the Department of Mental Health's Fund 4X5,	57660
OhioCare, in accordance with an interagency agreement which	57661
delegates authority from the Department of Job and Family Services	57662
to the Department of Mental Health to administer specified	57663
Medicaid services.	57664

Section 58.11. EMPLOYER SURCHARGE

57665

The surcharge and the interest on the surcharge amounts due	57666
for calendar years 1988, 1989, and 1990 as required by Am. Sub.	57667
H.B. 171 of the 117th General Assembly, Am. Sub. H.B. 111 of the	57668
118th General Assembly, and section 4141.251 of the Revised Code	57669
as it existed prior to Sub. H.B. 478 of the 122nd General	57670
Assembly, again shall be assessed and collected by, accounted for,	57671
and made available to the Department of Job and Family Services in	57672
the same manner as set forth in section 4141.251 of the Revised	57673
Code as it existed prior to Sub. H.B. 478 of the 122nd General	57674
Assembly, notwithstanding the repeal of the surcharge for calendar	57675
years after 1990, pursuant to Sub. H.B. 478 of the 122nd General	57676
Assembly, except that amounts received by the Director on or after	57677
July 1, 2001, shall be deposited into the special administrative	57678
fund established pursuant to section 4141.11 of the Revised Code.	57679

Section 58.12. FUNDING FOR HABILITATIVE SERVICES

57680

Notwithstanding any limitations contained in sections 5112.31	57681
and 5112.37 of the Revised Code, in each fiscal year, cash from	57682
State Special Revenue Fund 4K1, ICF/MR Bed Assessments, in excess	57683
of the amounts needed for transfers to Fund 4K8 may be used by the	57684
Department of Job and Family Services to cover costs of care	57685
provided to participants in a waiver with an ICF/MR level of care	57686
requirement administered by the Department of Job and Family	57687
Services.	57688

Section 58.13. FUNDING FOR INSTITUTIONAL FACILITY AUDITS AND	57689
THE OHIO ACCESS SUCCESS PROJECT	57690

Notwithstanding any limitations in sections 3721.51 and	57691
3721.56 of the Revised Code, in each fiscal year, cash from the	57692
State Special Revenue Fund 4J5, Home and Community-Based Services	57693
for the Aged, in excess of the amounts needed for the transfers	57694
may be used by the Department of Job and Family Services for the	57695
following purposes: (A) up to $1.0 million in each fiscal year to	57696
fund the state share of audits of Medicaid cost reports filed with	57697
the Department of Job and Family Services by nursing facilities	57698
and intermediate care facilities for the mentally retarded; and	57699
(B) up to $350,000 in fiscal year 2004 and up to $350,000 in	57700
fiscal year 2005 to provide one-time transitional benefits under	57701
the Ohio Access Success Project that the Director of Job and	57702
Family Services may establish under section 5111.206 of the	57703
Revised Code.	57704

Section 58.14. REFUND OF SETS PENALTY

57705

The Department of Job and Family Services shall deposit any	57706
refunds for penalties that were paid directly or indirectly by the	57707
state for the Support Enforcement Tracking System (SETS) to Fund	57708
3V6, TANF Block Grant.	57709

Section 58.15. PROGRAM OF ALL-INCLUSIVE CARE FOR THE ELDERLY

57710

The Director of Job and Family Services may submit to the	57711
United States Secretary of Health and Human Services a request to	57712
transfer the day-to-day administration of the Program of	57713
All-Inclusive Care for the Elderly, known as PACE, in accordance	57714
with 42 U.S.C. 1396u-4, to the Department of Aging. If the United	57715
States Secretary approves the transfer, the Directors of Job and	57716
Family Services and Aging may enter into an interagency agreement	57717
under section 5111.86 of the Revised Code to transfer	57718
responsibility for the day-to-day administration of PACE from the	57719
Department of Job and Family Services to the Department of Aging.	57720
The interagency agreement is subject to the approval of the	57721
Director of Budget and Management and shall include an estimated	57722
cost of services to be provided under PACE and an estimated cost	57723
for the administrative duties assigned by the agreement to the	57724
Department of Aging.	57725

If the Directors of Job and Family Services and Aging enter	57726
into the interagency agreement, the Director of Budget and	57727
Management shall reduce the amount in appropriation item 600-525,	57728
Health Care/Medicaid, by the estimated costs of PACE. If the	57729
Director of Budget and Management makes the reduction, the state	57730
and federal share of the estimated costs of PACE services and	57731
administration is hereby appropriated to the Department of Aging.	57732
The Director of Budget and Management shall establish a new	57733
appropriation item for the appropriation.	57734

Section 58.16. MEDICAID ELIGIBILITY REDUCTIONS

57735

The Director of Job and Family Services shall, not later than	57736
ninety days after the effective date of this section, submit to	57737
the United States Secretary of Health and Human Services an	57738
amendment to the state Medicaid plan to eliminate the expansion of	57739
eligibility required by the version of section 5111.019 of the	57740
Revised Code that existed prior to the amendment made by this act.	57741
The reduction in eligibility mandated by this section shall be	57742
implemented not earlier than October 1, 2003, and not later than	57743
the effective date of federal approval.	57744

Section 58.17. ASSISTED LIVING WAIVER

57745

If the Directors of Job and Family Services and Aging enter	57746
into the interagency agreement, the Director of Budget and	57747
Management shall reduce the appropriation in appropriation item	57748
600-525 by the amount that the Department of Job and Family	57749
Services estimates its spending will be reduced as a result of the	57750
transfer of persons approved for the budget-neutral Medicaid home	57751
and community-based services for assisted living services waiver.	57752
If the Director of Budget and Management makes the reduction, the	57753
state and federal share of the estimated costs of assisted living	57754
services is hereby appropriated to the Department of Aging. The	57755
Director of Budget and Management shall establish appropriation	57756
items for the appropriations.	57757

Section 58.18. APPROPRIATIONS FROM FUND 3V0

57758

Upon the request of the Department of Job and Family	57759
Services, the Director of Budget and Management may increase	57760
appropriations in either appropriation item 600-662, WIA Ohio	57761
Option #7, Fund 3V0 or in appropriation item 600-688, Workforce	57762
Investment Act, Fund 3V0, with a corresponding decrease in the	57763
other appropriation item supported by Fund 3V0 to allow counties	57764
that administer the Workforce Investment Act as a conventional	57765
county to administer the Act as an Ohio Option county or to allow	57766
counties that administer the Workforce Investment Act as an Ohio	57767
Option county to administer the Act as a conventional county.	57768

Section 58.19. FEDERAL UNEMPLOYMENT PROGRAMS

57769

There is hereby appropriated out of funds made available to	57770
the state under section 903(d) of the Social Security Act, as	57771
amended, $53,700,000 for fiscal year 2004 and $47,300,000 for	57772
fiscal year 2005. Upon the request of the Director of Job and	57773
Family Services, the Director of Budget and Management shall	57774
increase the appropriation for fiscal year 2004 by the amount	57775
remaining unspent from the fiscal year 2003 appropriation and	57776
shall increase the appropriation for fiscal year 2005 by the	57777
amount remaining unspent from the fiscal year 2004 appropriation.	57778
The appropriation is to be used under the direction of the	57779
Department of Job and Family Services to pay for administrative	57780
activities for the Unemployment Insurance Program, employment	57781
services, and other allowable expenditures under section 903(d) of	57782
the Social Security Act, as amended.	57783

The amounts obligated pursuant to this section shall not	57784
exceed at any time the amount by which the aggregate of the	57785
amounts transferred to the account of the state pursuant to	57786
section 903(d) of the Social Security Act, as amended, exceeds the	57787
aggregate of the amounts obligated for administration and paid out	57788
for benefits and required by law to be charged against the amounts	57789
transferred to the account of the state.	57790

Of the appropriation item 600-678, Federal Unemployment	57791
Programs, in Section 63 of Am. Sub. H.B. 94 of the 124th General	57792
Assembly, as amended, up to $18,000,000 in fiscal year 2004 and up	57793
to $18,000,000 in fiscal year 2005 shall be used by the Department	57794
of Job and Family Services to reimburse the General Revenue Fund,	57795
through state intrastate transfer vouchers, for expenses incurred	57796
on or after the effective date of this section from the General	57797
Revenue Fund for the aforementioned programs as reported to the	57798
federal government as allowable expenditures.	57799

Section 58.20. MEDICAID PAYMENT TO CHILDREN'S HOSPITALS

57800

As used in this section, "children's hospital" has the same	57801
meaning as in section 3702.51 of the Revised Code.	57802

For fiscal years 2004 and 2005, the Medicaid payment to	57803
children's hospitals shall include the adjustment for inflation	57804
provided for by paragraph (G) of rule 5101:3-2-074 of the	57805
Administrative Code as that paragraph existed on December 30,	57806
2002.	57807

The Department of Job and Family Services shall pay to each	57808
children's hospital participating in the Medicaid program an	57809
amount equal to the difference between (1) the amount the hospital	57810
would have been paid under rule 5101:3-2-074 of the Administrative	57811
Code for the period beginning January 1, 2003, and ending May 31,	57812
2003, if the amendment to paragraph (G) of that rule that went	57813
into effect on December 31, 2002, had not gone into effect and (2)	57814
the amount that the hospital was paid under that rule for that	57815
period.	57816

Section 58.21. HEAD START

57817

The Department of Job and Family Services, before September	57818
30, 2003, shall transfer $101,200,000 from the TANF Block Grant to	57819
the Child Care and Development Fund, and before September 30,	57820
2004, shall transfer $103,184,000 from the TANF Block Grant to the	57821
Child Care and Development Fund. In each fiscal year, these funds	57822
shall be transferred to appropriation item 200-663, Head Start	57823
Plus/Head Start (Fund 5W2), in the Department of Education.	57824

Notwithstanding anything to the contrary in sections 3301.31	57825
to 3301.37 of the Revised Code, eligibility and service	57826
restrictions of Title IV-A of the Social Security Act shall not	57827
apply to the Head Start and Head Start Plus programs created by	57828
those sections. To the fullest extent possible, the Head Start	57829
Plus/Head Start Program shall be funded through this transfer of	57830
TANF Block Grant funds to the Child Care and Development Fund,	57831
provided that the actions of the Department of Job and Family	57832
Services and the Department of Education do not conflict with	57833
applicable federal statutes, if any.	57834

The Head Start Plus/Head Start Program shall be administered	57835
by the Department of Education in accordance with an interagency	57836
agreement entered into with the Department of Job and Family	57837
Services, and in accordance with the terms of section 5104.30 of	57838
the Revised Code, as amended by this act. The agreement shall	57839
specify audit and reporting requirements applicable to the use of	57840
moneys from the Child Care and Development Fund.	57841

Section 59. JCO JUDICIAL CONFERENCE OF OHIO

57842

General Revenue Fund

57843

GRF	018-321		Operating Expenses		$	962,000		$	957,000		57844
TOTAL GRF General Revenue Fund					$	962,000		$	957,000		57845

General Services Fund Group

57846

403	018-601	Ohio Jury Instructions	$	200,000	$	200,000	57847
TOTAL GSF General Services Fund Group			$	200,000	$	200,000	57848
TOTAL ALL BUDGET FUND GROUPS			$	1,162,000	$	1,157,000	57849

STATE COUNCIL OF UNIFORM STATE LAWS

57850

Notwithstanding section 105.26 of the Revised Code, of the	57851
foregoing appropriation item 018-321, Operating Expenses, up to	57852
$63,000 in fiscal year 2004 and up to $66,000 in fiscal year 2005	57853
may be used to pay the expenses of the State Council of Uniform	57854
State Laws, including membership dues to the National Conference	57855
of Commissioners on Uniform State Laws.	57856

OHIO JURY INSTRUCTIONS FUND

57857

The Ohio Jury Instructions Fund (Fund 403) shall consist of	57858
grants, royalties, dues, conference fees, bequests, devises, and	57859
other gifts received for the purpose of supporting costs incurred	57860
by the Judicial Conference of Ohio in dispensing educational and	57861
informational data to the state's judicial system. Fund 403 shall	57862
be used by the Judicial Conference of Ohio to pay expenses	57863
incurred in dispensing educational and informational data to the	57864
state's judicial system. All moneys accruing to Fund 403 in excess	57865
of $200,000 in fiscal year 2004 and in excess of $200,000 in	57866
fiscal year 2005 are hereby appropriated for the purposes	57867
authorized.	57868

No money in the Ohio Jury Instructions Fund shall be	57869
transferred to any other fund by the Director of Budget and	57870
Management or the Controlling Board.	57871

Section 60. JSC THE JUDICIARY/SUPREME COURT

57872

General Revenue Fund

57873

GRF	005-321	Operating Expenses - Judiciary/Supreme Court	$	113,846,495	$	118,617,425	57874
GRF	005-401	State Criminal Sentencing Council	$	346,194	$	356,371	57875
TOTAL GRF General Revenue Fund			$	114,192,689	$	118,973,796	57876

General Services Fund Group

57877

672	005-601		Continuing Judicial Education		$	126,000		$	120,000		57878
TOTAL GSF General Services Fund Group					$	126,000		$	120,000		57879

Federal Special Revenue Fund Group

57880

3J0	005-603		Federal Grants		$	1,030,061		$	1,030,061		57881
TOTAL FED Federal Special Revenue Fund Group					$	1,030,061		$	1,030,061		57882

State Special Revenue Fund Group

57883

4C8	005-605	Attorney Registration	$	2,332,733	$	2,495,171	57884
5T8	005-609	Grants and Awards	$	33,296	$	33,296	57885
6A8	005-606	Supreme Court Admissions	$	1,230,514	$	1,267,428	57886
643	005-607	Commission on Continuing Legal Education	$	568,788	$	587,210	57887
TOTAL SSR State Special Revenue Fund Group			$	4,165,331	$	4,383,105	57888
TOTAL ALL BUDGET FUND GROUPS			$	119,514,081	$	124,506,962	57889

CONTINUING JUDICIAL EDUCATION

57890

The Continuing Judicial Education Fund (Fund 672) shall	57891
consist of fees paid by judges and court personnel for attending	57892
continuing education courses and other gifts and grants received	57893
for the purpose of continuing judicial education. The foregoing	57894
appropriation item 005-601, Continuing Judicial Education, shall	57895
be used to pay expenses for continuing education courses for	57896
judges and court personnel. If it is determined by the	57897
Administrative Director of the Supreme Court that additional	57898
appropriations are necessary, the amounts are hereby appropriated.	57899

No money in the Continuing Judicial Education Fund shall be	57900
transferred to any other fund by the Director of Budget and	57901
Management or the Controlling Board. Interest earned on moneys in	57902
the Continuing Judicial Education Fund shall be credited to the	57903
fund.	57904

FEDERAL GRANTS

57905

The Federal Grants Fund (Fund 3J0) shall consist of grants	57906
and other moneys awarded to the Supreme Court (The Judiciary) by	57907
the United States Government or other entities that receive the	57908
moneys directly from the United States Government and distribute	57909
those moneys to the Supreme Court (The Judiciary). The foregoing	57910
appropriation item 005-603, Federal Grants, shall be used in a	57911
manner consistent with the purpose of the grant or award. If it is	57912
determined by the Administrative Director of the Supreme Court	57913
that additional appropriations are necessary, the amounts are	57914
hereby appropriated.	57915

No money in the Federal Grants Fund shall be transferred to	57916
any other fund by the Director of Budget and Management or the	57917
Controlling Board. However, interest earned on moneys in the	57918
Federal Grants Fund shall be credited or transferred to the	57919
General Revenue Fund.	57920

ATTORNEY REGISTRATION

57921

In addition to funding other activities considered	57922
appropriate by the Supreme Court, the foregoing appropriation item	57923
005-605, Attorney Registration, may be used to compensate	57924
employees and fund the appropriate activities of the following	57925
offices established by the Supreme Court pursuant to the Rules for	57926
the Government of the Bar of Ohio: the Office of Disciplinary	57927
Counsel, the Board of Commissioners on Grievances and Discipline,	57928
the Clients' Security Fund, the Board of Commissioners on the	57929
Unauthorized Practice of Law, and the Office of Attorney	57930
Registration. If it is determined by the Administrative Director	57931
of the Supreme Court that additional appropriations are necessary,	57932
the amounts are hereby appropriated.	57933

No moneys in the Attorney Registration Fund shall be	57934
transferred to any other fund by the Director of Budget and	57935
Management or the Controlling Board. Interest earned on moneys in	57936
the Attorney Registration Fund shall be credited to the fund.	57937

GRANTS AND AWARDS

57938

The Grants and Awards Fund (Fund 5T8) shall consist of grants	57939
and other moneys awarded to the Supreme Court (The Judiciary) by	57940
the State Justice Institute, the Office of Criminal Justice	57941
Services, or other entities. The foregoing appropriation item	57942
005-609, Grants and Awards, shall be used in a manner consistent	57943
with the purpose of the grant or award. If it is determined by the	57944
Administrative Director of the Supreme Court that additional	57945
appropriations are necessary, the amounts are hereby appropriated.	57946

No moneys in the Grants and Awards Fund shall be transferred	57947
to any other fund by the Director of Budget and Management or the	57948
Controlling Board. However, interest earned on moneys in the	57949
Grants and Awards Fund shall be credited or transferred to the	57950
General Revenue Fund.	57951

SUPREME COURT ADMISSIONS

57952

The foregoing appropriation item 005-606, Supreme Court	57953
Admissions, shall be used to compensate Supreme Court employees	57954
who are primarily responsible for administering the attorney	57955
admissions program, pursuant to the Rules for the Government of	57956
the Bar of Ohio, and to fund any other activities considered	57957
appropriate by the court. Moneys shall be deposited into the	57958
Supreme Court Admissions Fund (Fund 6A8) pursuant to the Supreme	57959
Court Rules for the Government of the Bar of Ohio. If it is	57960
determined by the Administrative Director of the Supreme Court	57961
that additional appropriations are necessary, the amounts are	57962
hereby appropriated.	57963

No moneys in the Supreme Court Admissions Fund shall be	57964
transferred to any other fund by the Director of Budget and	57965
Management or the Controlling Board. Interest earned on moneys in	57966
the Supreme Court Admissions Fund shall be credited to the fund.	57967

CONTINUING LEGAL EDUCATION

57968

The foregoing appropriation item 005-607, Commission on	57969
Continuing Legal Education, shall be used to compensate employees	57970
of the Commission on Continuing Legal Education, established	57971
pursuant to the Supreme Court Rules for the Government of the Bar	57972
of Ohio, and to fund other activities of the commission considered	57973
appropriate by the court. If it is determined by the	57974
Administrative Director of the Supreme Court that additional	57975
appropriations are necessary, the amounts are hereby appropriated.	57976

No moneys in the Continuing Legal Education Fund shall be	57977
transferred to any other fund by the Director of Budget and	57978
Management or the Controlling Board. Interest earned on moneys in	57979
the Continuing Legal Education Fund shall be credited to the fund.	57980

Section 61. LEC LAKE ERIE COMMISSION

57981

State Special Revenue Fund Group

57982

4C0	780-601	Lake Erie Protection Fund	$	1,070,975	$	1,070,975	57983
5D8	780-602	Lake Erie Resources Fund	$	689,004	$	689,004	57984
TOTAL SSR State Special Revenue							57985
Fund Group			$	1,759,979	$	1,759,979	57986
TOTAL ALL BUDGET FUND GROUPS			$	1,759,979	$	1,759,979	57987

CASH TRANSFER

57988

Not later than the thirtieth day of November of each fiscal	57989
year, the Executive Director of the Ohio Lake Erie Office, with	57990
the approval of the Lake Erie Commission, shall certify to the	57991
Director of Budget and Management the cash balance in the Lake	57992
Erie Resources Fund (Fund 5D8) in excess of amounts needed to meet	57993
operating expenses of the Lake Erie Office. The Ohio Lake Erie	57994
Office may request the Director of Budget and Management to	57995
transfer up to the certified amount from the Lake Erie Resources	57996
Fund (Fund 5D8) to the Lake Erie Protection Fund (Fund 4C0). The	57997
Director of Budget and Management may transfer the requested	57998
amount, or the Director may transfer a different amount up to the	57999
certified amount. Cash transferred shall be used for the purposes	58000
described in division (A) of section 1506.23 of the Revised Code.	58001
The amount transferred by the director is appropriated to the	58002
foregoing appropriation item 780-601, Lake Erie Protection Fund,	58003
which shall be increased by the amount transferred.	58004

Section 62. LRS LEGAL RIGHTS SERVICE

58005

General Revenue Fund

58006

GRF	054-100	Personal Services	$	193,514	$	193,514	58007
GRF	054-200	Maintenance	$	33,938	$	33,938	58008
GRF	054-300	Equipment	$	1,856	$	1,856	58009
GRF	054-401	Ombudsman	$	291,247	$	291,247	58010
TOTAL GRF General Revenue Fund			$	520,555	$	520,555	58011

General Services Fund Group

58012

416	054-601	Gifts and Donations	$	1,352	$	1,352	58013
5M0	054-610	Settlements	$	75,000	$	75,000	58014
TOTAL GSF General Services							58015
Fund Group			$	76,352	$	76,352	58016

Federal Special Revenue Fund Group

58017

3B8	054-603	Protection and Advocacy - Mentally Ill	$	1,018,279	$	1,018,279	58018
3N3	054-606	Protection and Advocacy - Individual Rights	$	507,648	$	507,648	58019
3N9	054-607	Assistive Technology	$	50,000	$	50,000	58020
3R9	054-604	Family Support Collaborative	$	242,500	$	242,500	58021
3T2	054-609	Client Assistance Program	$	404,807	$	404,807	58022
3X1	054-611	Protection and Advocacy for Beneficiaries of Social Security	$	187,784	$	187,784	58023
3Z6	054-612	Traumatic Brain Injury	$	50,000	$	50,000	58024
305	054-602	Protection and Advocacy - Developmentally Disabled	$	1,280,363	$	1,280,363	58025
TOTAL FED Federal Special Revenue							58026
Fund Group			$	3,741,381	$	3,741,381	58027
TOTAL ALL BUDGET FUND GROUPS			$	4,338,288	$	4,338,288	58028

Section 63. JLE JOINT LEGISLATIVE ETHICS COMMITTEE

58030

General Revenue Fund

58031

GRF	028-321		Legislative Ethics Committee		$	550,000		$	550,000		58032
TOTAL GRF General Revenue Fund					$	550,000		$	550,000		58033

TOTAL ALL BUDGET FUND GROUPS

550,000

58034

TRANSFER OF FUNDS TO GRF

58035

On July 1, 2003, or as soon thereafter as possible, the	58036
Director of Budget and Management shall transfer 50 per cent of	58037
the cash balance in the Joint Legislative Ethics Committee Fund	58038
(Fund 4G7) to the General Revenue Fund. On July 1, 2004, or as	58039
soon thereafter as possible, the Director of Budget and Management	58040
shall transfer all of the remaining cash balance in the Joint	58041
Legislative Ethics Committee Fund (Fund 4G7) to the General	58042
Revenue Fund.	58043

Section 64. LSC LEGISLATIVE SERVICE COMMISSION

58044

General Revenue Fund

58045

GRF	035-321	Operating Expenses	$	14,065,000	$	14,900,000	58046
GRF	035-402	Legislative Interns	$	975,000	$	990,000	58047
GRF	035-404	Legislative Office of Education Oversight	$	1,205,000	$	1,256,427	58048
GRF	035-406	ATMS Replacement Project	$	20,000	$	20,000	58049
GRF	035-407	Legislative Task Force on Redistricting	$	100,000	$	0	58050
GRF	035-409	National Associations	$	430,000	$	441,000	58051
GRF	035-410	Legislative Information Systems	$	3,624,200	$	3,624,200	58052
TOTAL GRF General Revenue Fund			$	20,419,200	$	21,231,627	58053

General Services Fund Group

58054

4F6	035-603	Legislative Budget Services	$	149,350	$	152,337	58055
410	035-601	Sale of Publications	$	25,000	$	25,000	58056
TOTAL GSF General Services							58057
Fund Group			$	174,350	$	177,337	58058
TOTAL ALL BUDGET FUND GROUPS			$	20,593,550	$	21,408,964	58059

ATMS REPLACEMENT PROJECT

58060

Of the foregoing appropriation item 035-406, ATMS Replacement	58061
Project, any amounts not used for the ATMS project may be used to	58062
pay the operating expenses of the Legislative Service Commission.	58063

Section 65. LIB STATE LIBRARY BOARD

58064

General Revenue Fund

58065

GRF	350-321	Operating Expenses	$	6,700,721	$	6,700,721	58066
GRF	350-400	Ohio Public Library Information Network	$	0	$	5,000,000	58067
GRF	350-401	Ohioana Rental Payments	$	124,816	$	124,816	58068
GRF	350-501	Cincinnati Public Library	$	467,531	$	467,531	58069
GRF	350-502	Regional Library Systems	$	1,104,374	$	1,104,374	58070
GRF	350-503	Cleveland Public Library	$	703,234	$	703,234	58071
TOTAL GRF General Revenue Fund			$	9,100,676	$	14,100,676	58072

General Services Fund Group

58073

139	350-602	Intra-Agency Service Charges	$	9,000	$	9,000	58074
4S4	350-604	OPLIN Technology	$	6,450,000	$	1,000,000	58075
459	350-602	Interlibrary Service Charges	$	2,759,661	$	2,809,661	58076
TOTAL GSF General Services							58077
Fund Group			$	9,218,661	$	3,818,661	58078

Federal Special Revenue Fund Group

58079

313	350-601	LSTA Federal	$	5,541,647	$	5,541,647	58080
TOTAL FED Federal Special Revenue							58081
Fund Group			$	5,541,647	$	5,541,647	58082
TOTAL ALL BUDGET FUND GROUPS			$	23,860,984	$	23,460,984	58083

OHIOANA RENTAL PAYMENTS

58084

The foregoing appropriation item 350-401, Ohioana Rental	58085
Payments, shall be used to pay the rental expenses of the Martha	58086
Kinney Cooper Ohioana Library Association pursuant to section	58087
3375.61 of the Revised Code.	58088

REGIONAL LIBRARY SYSTEMS

58089

The foregoing appropriation item 350-502, Regional Library	58090
Systems, shall be used to support regional library systems	58091
eligible for funding under section 3375.90 of the Revised Code.	58092

OHIO PUBLIC LIBRARY INFORMATION NETWORK

58093

The foregoing appropriation items 350-604, OPLIN Technology,	58094
and, in fiscal year 2005, 350-400, Ohio Public Library Information	58095
Network, shall be used for an information telecommunications	58096
network linking public libraries in the state and such others as	58097
may be certified as participants by the Ohio Public Library	58098
Information Network Board.	58099

The Ohio Public Library Information Network Board shall	58100
consist of eleven members appointed by the State Library Board	58101
from among the staff of public libraries and past and present	58102
members of boards of trustees of public libraries, based on the	58103
recommendations of the Ohio library community. The Ohio Public	58104
Library Information Network Board, in consultation with the State	58105
Library, shall develop a plan of operations for the network. The	58106
board may make decisions regarding use of the foregoing OPLIN	58107
appropriation items 350-604 and may receive and expend grants to	58108
carry out the operations of the network in accordance with state	58109
law and the authority to appoint and fix the compensation of a	58110
director and necessary staff. The State Library shall be the	58111
fiscal agent for the network and shall have fiscal accountability	58112
for the expenditure of funds. The Ohio Public Library Information	58113
Network Board members shall be reimbursed for actual travel and	58114
necessary expenses incurred in carrying out their	58115
responsibilities.	58116

In order to limit access to obscene and illegal materials	58117
through internet use at Ohio Public Library Information Network	58118
(OPLIN) terminals, local libraries with OPLIN computer terminals	58119
shall adopt policies that control access to obscene and illegal	58120
materials. These policies may include use of technological systems	58121
to select or block certain internet access. The OPLIN shall	58122
condition provision of its funds, goods, and services on	58123
compliance with these policies. The OPLIN Board shall also adopt	58124
and communicate specific recommendations to local libraries on	58125
methods to control such improper usage. These methods may include	58126
each library implementing a written policy controlling such	58127
improper use of library terminals and requirements for parental	58128
involvement or written authorization for juvenile internet usage.	58129

The OPLIN Board shall research and assist or advise local	58130
libraries with regard to emerging technologies and methods that	58131
may be effective means to control access to obscene and illegal	58132
materials. The OPLIN Executive Director shall biannually provide	58133
written reports to the Governor, the Speaker and Minority Leader	58134
of the House of Representatives, and the President and Minority	58135
Leader of the Senate on any steps being taken by OPLIN and public	58136
libraries in the state to limit and control such improper usage as	58137
well as information on technological, legal, and law enforcement	58138
trends nationally and internationally affecting this area of	58139
public access and service.	58140

The Ohio Public Library Information Network, InfOhio, and	58141
OhioLink shall, to the extent feasible, coordinate and cooperate	58142
in their purchase or other acquisition of the use of electronic	58143
databases for their respective users and shall contribute funds in	58144
an equitable manner to such effort.	58145

TRANSFER TO OPLIN TECHNOLOGY FUND

58146

Notwithstanding sections 5747.03 and 5747.47 of the Revised	58147
Code and any other provision of law to the contrary, in accordance	58148
with a schedule established by the Director of Budget and	58149
Management, the Director of Budget and Management shall transfer	58150
up to $5,000,000 in fiscal year 2004 from the Library and Local	58151
Government Support Fund (Fund 065) to the OPLIN Technology Fund	58152
(Fund 4S4).	58153

Section 66. LCO LIQUOR CONTROL COMMISSION

58154

Liquor Control Fund Group

58155

043	970-321	Operating Expenses	$	779,886	$	794,387	58156
TOTAL LCF Liquor Control Fund Group			$	779,886	$	794,387	58157
TOTAL ALL BUDGET FUND GROUPS			$	779,886	$	794,387	58158

COMPUTER EQUIPMENT

58159

Of the foregoing appropriation item 970-321, Operating	58160
Expenses, $27,700 in fiscal year 2004 and $4,500 in fiscal year	58161
2005 shall be used for computer equipment.	58162

Section 67. LOT STATE LOTTERY COMMISSION

58163

State Lottery Fund Group

58164

044	950-100	Personal Services	$	25,114,200	$	25,133,314	58165
044	950-200	Maintenance	$	20,100,168	$	20,120,268	58166
044	950-300	Equipment	$	3,067,250	$	3,113,259	58167
044	950-402	Game and Advertising Contracts	$	68,683,000	$	68,683,000	58168
044	950-500	Problem Gambling Subsidy	$	335,000	$	335,000	58169
044	950-601	Prizes, Bonuses, and Commissions	$	166,173,455	$	166,173,455	58170
871	950-602	Annuity Prizes	$	162,228,451	$	162,185,260	58171
TOTAL SLF State Lottery Fund							58172
Group			$	445,701,524	$	445,743,556	58173
TOTAL ALL BUDGET FUND GROUPS			$	445,701,524	$	445,743,556	58174

OPERATING EXPENSES

58175

The Controlling Board may, at the request of the State	58176
Lottery Commission, authorize additional appropriations for	58177
operating expenses of the State Lottery Commission from the State	58178
Lottery Fund up to a maximum of 15 per cent of anticipated total	58179
revenue accruing from the sale of lottery tickets.	58180

PRIZES, BONUSES, AND COMMISSIONS

58181

Any amounts, in addition to the amounts appropriated in	58182
appropriation item 950-601, Prizes, Bonuses, and Commissions, that	58183
are determined by the Director of the State Lottery Commission to	58184
be necessary to fund prizes, bonuses, and commissions are hereby	58185
appropriated.	58186

ANNUITY PRIZES

58187

With the approval of the Office of Budget and Management, the	58188
State Lottery Commission shall transfer cash from the State	58189
Lottery Fund Group (Fund 044) to the Deferred Prizes Trust Fund	58190
(Fund 871) in an amount sufficient to fund deferred prizes. The	58191
Treasurer of State, from time to time, shall credit the Deferred	58192
Prizes Trust Fund (Fund 871) the pro rata share of interest earned	58193
by the Treasurer of State on invested balances.	58194

Any amounts, in addition to the amounts appropriated in	58195
appropriation item 950-602, Annuity Prizes, that are determined by	58196
the Director of the State Lottery Commission to be necessary to	58197
fund deferred prizes and interest earnings are hereby	58198
appropriated.	58199

TRANSFERS TO THE LOTTERY PROFITS EDUCATION FUND

58200

The Ohio Lottery Commission shall transfer an amount greater	58201
than or equal to $637,900,000 in fiscal year 2004 and $637,900,000	58202
in fiscal year 2005 to the Lottery Profits Education Fund.	58203
Transfers from the Commission to the Lottery Profits Education	58204
Fund shall represent the estimated net income from operations for	58205
the Commission in fiscal year 2004 or fiscal year 2005. Transfers	58206
by the Commission to the Lottery Profits Education Fund shall be	58207
administered in accordance with and pursuant to the Revised Code.	58208
The unencumbered and unallotted balances as of June 30, 2003, in	58209
the Unclaimed Prize Fund (Fund 872), are hereby transferred to the	58210
State Lottery Fund Group (Fund 044).	58211

Section 68. MED STATE MEDICAL BOARD

58212

General Services Fund Group

58213

5C6	883-609	State Medical Board Operating	$	7,199,162	$	7,302,330	58214
TOTAL GSF General Services							58215
Fund Group			$	7,119,162	$	7,302,330	58216
TOTAL ALL BUDGET FUND GROUPS			$	7,119,162	$	7,302,330	58217

Section 69. DMH DEPARTMENT OF MENTAL HEALTH

58219

Division of General Administration Intragovernmental Service Fund	58220
Group	58221

151	235-601	General Administration	$	85,181,973	$	85,181,973	58222
TOTAL ISF Intragovernmental							58223
Service Fund Group			$	85,181,973	$	85,181,973	58224

Division of Mental Health--

58225

Psychiatric Services to Correctional Facilities

58226

General Revenue Fund

58227

GRF	332-401	Forensic Services	$	4,152,291	$	4,152,291	58228
TOTAL GRF General Revenue Fund			$	4,152,291	$	4,152,291	58229
TOTAL ALL BUDGET FUND GROUPS			$	89,334,264	$	89,334,264	58230

FORENSIC SERVICES

58231

The foregoing appropriation item 322-401, Forensic Services,	58232
shall be used to provide psychiatric services to courts of common	58233
pleas. The appropriation shall be allocated through community	58234
mental health boards to certified community agencies and shall be	58235
distributed according to the criteria delineated in rule	58236
5122:4-1-01 of the Administrative Code. These community forensic	58237
funds may also be used to provide forensic training to community	58238
mental health boards and to forensic psychiatry residency programs	58239
in hospitals operated by the Department of Mental Health and to	58240
provide evaluations of patients of forensic status in facilities	58241
operated by the Department of Mental Health prior to conditional	58242
release to the community.	58243

In addition, appropriation item 332-401, Forensic Services,	58244
may be used to support projects involving mental health, substance	58245
abuse, courts, and law enforcement to identify and develop	58246
appropriate alternative services to institutionalization for	58247
nonviolent mentally ill offenders, and to provide linkage to	58248
community services for severely mentally disabled offenders	58249
released from institutions operated by the Department of	58250
Rehabilitation and Correction. Funds may also be utilized to	58251
provide forensic monitoring and tracking in addition to community	58252
programs serving persons of forensic status on conditional release	58253
or probation.	58254

Division of Mental Health--

58255

Administration and Statewide Programs

58256

General Revenue Fund

58257

GRF	333-321	Central Administration	$	22,000,000	$	22,000,000	58258
GRF	333-402	Resident Trainees	$	1,330,796	$	1,330,796	58259
GRF	333-403	Pre-Admission Screening Expenses	$	633,882	$	633,882	58260
GRF	333-415	Lease-Rental Payments	$	25,935,650	$	23,206,750	58261
GRF	333-416	Research Program Evaluation	$	810,289	$	810,289	58262
TOTAL GRF General Revenue Fund			$	50,710,617	$	50,710,617	58263

General Services Fund Group

58264

149	333-609		Central Office Rotary - Operating		$	1,087,454		$	1,103,578		58265
TOTAL General Services Fund Group					$	1,087,454		$	1,103,578		58266

Federal Special Revenue Fund Group

58267

3A7	333-612	Social Services Block Grant	$	25,000	$	0	58268
3A8	333-613	Federal Grant - Administration	$	57,470	$	57,984	58269
3A9	333-614	Mental Health Block Grant	$	827,363	$	835,636	58270
3B1	333-635	Community Medicaid Expansion	$	4,126,430	$	4,145,222	58271
324	333-605	Medicaid/Medicare	$	523,761	$	514,923	58272
TOTAL Federal Special Revenue							58273
Fund Group			$	5,560,024	$	5,553,765	58274

State Special Revenue Fund Group

58275

4X5	333-607	Behavioral Health Medicaid Services	$	2,913,327	$	3,000,634	58276
485	333-632	Mental Health Operating	$	134,233	$	134,233	58277
5M2	333-602	PWLC Campus Improvement	$	200,000	$	200,000	58278
TOTAL State Special Revenue							58279
Fund Group			$	3,247,560	$	3,334,867	58280
TOTAL ALL BUDGET FUND GROUPS			$	61,656,091	$	60,394,343	58281

RESIDENCY TRAINEESHIP PROGRAMS

58282

The foregoing appropriation item 333-402, Resident Trainees,	58283
shall be used to fund training agreements entered into by the	58284
Department of Mental Health for the development of curricula and	58285
the provision of training programs to support public mental health	58286
services.	58287

PRE-ADMISSION SCREENING EXPENSES

58288

The foregoing appropriation item 333-403, Pre-Admission	58289
Screening Expenses, shall be used to pay for costs to ensure that	58290
uniform statewide methods for pre-admission screening are in place	58291
to perform assessments for persons in need of mental health	58292
services or for whom institutional placement in a hospital or in	58293
another inpatient facility is sought. Pre-admission screening	58294
includes the following activities: pre-admission assessment,	58295
consideration of continued stay requests, discharge planning and	58296
referral, and adjudication of appeals and grievance procedures.	58297

LEASE-RENTAL PAYMENTS

58298

The foregoing appropriation item 333-415, Lease-Rental	58299
Payments, shall be used to meet all payments at the times they are	58300
required to be made during the period from July 1, 2003, to June	58301
30, 2005, by the Department of Mental Health pursuant to leases	58302
and agreements made under section 154.20 of the Revised Code, but	58303
limited to the aggregate amount of $49,142,400. Nothing in this	58304
act shall be deemed to contravene the obligation of the state to	58305
pay, without necessity for further appropriation, from the sources	58306
pledged thereto, the bond service charges on obligations issued	58307
pursuant to section 154.20 of the Revised Code.	58308

Section 69.01. DIVISION OF MENTAL HEALTH - HOSPITALS

58309

General Revenue Fund

58310

GRF	334-408	Community and Hospital Mental Health Services	$	373,216,546	$	383,293,392	58311
GRF	334-506	Court Costs	$	926,461	$	926,461	58312
TOTAL GRF General Revenue Fund			$	374,143,007	$	384,219,853	58313

General Services Fund Group

58314

149	334-609	Hospital Rotary - Operating Expenses	$	22,908,053	$	24,408,053	58315
150	334-620	Special Education	$	120,930	$	120,930	58316
TOTAL GSF General Services							58317
Fund Group			$	23,028,983	$	24,528,983	58318

Federal Special Revenue Fund Group

58319

3B0	334-617	Elementary and Secondary Education Act	$	248,644	$	251,866	58320
3B1	334-635	Hospital Medicaid Expansion	$	2,000,000	$	2,000,000	58321
324	334-605	Medicaid/Medicare	$	10,484,944	$	10,916,925	58322
TOTAL FED Federal Special Revenue							58323
Fund Group			$	12,733,588	$	13,168,791	58324

State Special Revenue Fund Group

58325

485	334-632	Mental Health Operating	$	2,387,253	$	2,476,297	58326
5L2	334-619	Health Foundation/Greater Cincinnati	$	26,000	$	0	58327
692	334-636	Community Mental Health Board Risk Fund	$	100,000	$	100,000	58328
TOTAL SSR State Special Revenue							58329
Fund Group			$	2,487,253	$	2,576,297	58330
TOTAL ALL BUDGET FUND GROUPS			$	412,418,831	$	424,493,924	58331

COMMUNITY MENTAL HEALTH BOARD RISK FUND

58332

The foregoing appropriation item 334-636, Community Mental	58333
Health Board Risk Fund, shall be used to make payments pursuant to	58334
section 5119.62 of the Revised Code.	58335

Section 69.02. DIVISION OF MENTAL HEALTH - COMMUNITY SUPPORT	58336
SERVICES	58337

General Revenue Fund

58338

GRF	335-419	Community Medication Subsidy	$	7,509,010	$	7,509,010	58339
GRF	335-505	Local MH Systems of Care	$	89,687,868	$	89,687,868	58340
TOTAL GRF General Revenue Fund			$	97,196,878	$	97,196,878	58341

General Services Fund Group

58342

4P9	335-604	Community Mental Health Projects	$	200,000	$	200,000	58343
TOTAL GSF General Services							58344
Fund Group			$	200,000	$	200,000	58345

Federal Special Revenue Fund Group

58346

3A7	335-612	Social Services Block Grant	$	9,314,108	$	9,314,108	58347
3A8	335-613	Federal Grant - Community Mental Health Board Subsidy	$	1,717,040	$	1,717,040	58348
3A9	335-614	Mental Health Block Grant	$	16,887,218	$	17,056,090	58349
3B1	335-635	Community Medicaid Expansion	$	220,472,136	$	237,766,721	58350
TOTAL FED Federal Special Revenue Fund Group			$	248,390,502	$	265,853,959	58351

State Special Revenue Fund Group

58352

632	335-616		Community Capital Replacement		$	250,000		$	250,000		58353
TOTAL SSR State Special Revenue Fund Group					$	250,000		$	250,000		58354

TOTAL ALL BUDGET FUND GROUPS	$	346,037,380	$	363,500,837	58355
DEPARTMENT TOTAL					58356
GENERAL REVENUE FUND	$	526,202,793	$	533,550,739	58357
DEPARTMENT TOTAL					58358
GENERAL SERVICES FUND GROUP	$	24,316,437	$	25,832,561	58359
DEPARTMENT TOTAL					58360
FEDERAL SPECIAL REVENUE					58361
FUND GROUP	$	266,684,114	$	284,576,515	58362
DEPARTMENT TOTAL					58363
STATE SPECIAL REVENUE FUND GROUP	$	6,010,813	$	6,161,164	58364
DEPARTMENT TOTAL					58365
INTRAGOVERNMENTAL FUND GROUP	$	85,181,973	$	85,181,973	58366
TOTAL DEPARTMENT OF MENTAL HEALTH	$	908,396,130	$	935,302,952	58367

Section 69.03. COMMUNITY MEDICATION SUBSIDY

58369

The foregoing appropriation item 335-419, Community	58370
Medication Subsidy, shall be used to provide subsidized support	58371
for psychotropic medication needs of indigent citizens in the	58372
community to reduce unnecessary hospitalization because of lack of	58373
medication and to provide subsidized support for methadone costs.	58374

LOCAL MENTAL HEALTH SYSTEMS OF CARE

58375

The foregoing appropriation item 335-505, Local Mental Health	58376
Systems of Care, shall be used for mental health services provided	58377
by community mental health boards in accordance with a community	58378
mental health plan submitted pursuant to section 340.03 of the	58379
Revised Code and as approved by the Department of Mental Health.	58380

Of the foregoing appropriation, not less than $34,818,917 in	58381
fiscal year 2004 and not less than $34,818,917 in fiscal year 2005	58382
shall be distributed by the Department of Mental Health on a per	58383
capita basis to community mental health boards.	58384

Of the foregoing appropriation, $100,000 in each fiscal year	58385
shall be used to fund family and consumer education and support.	58386

BEHAVIORAL HEALTH MEDICAID SERVICES

58387

The Department of Mental Health shall administer specified	58388
Medicaid Services as delegated by the Department of Job and Family	58389
Services in an interagency agreement. The foregoing appropriation	58390
item 333-607, Behavioral Health Medicaid Services, may be used to	58391
make payments for free-standing psychiatric hospital inpatient	58392
services as defined in an interagency agreement with the	58393
Department of Job and Family Services.	58394

Section 70. DMR DEPARTMENT OF MENTAL RETARDATION AND	58395
DEVELOPMENTAL DISABILITIES	58396

Section 70.01. GENERAL ADMINISTRATION AND STATEWIDE SERVICES

58397

General Revenue Fund

58398

GRF	320-321	Central Administration	$	9,174,390	$	9,174,390	58399
GRF	320-412	Protective Services	$	1,420,658	$	1,420,658	58400
GRF	320-415	Lease-Rental Payments	$	25,935,650	$	23,206,750	58401
TOTAL GRF General Revenue Fund			$	36,530,698	$	33,801,798	58402

General Services Fund Group

58403

4B5	320-640	Conference/Training	$	400,000	$	400,000	58404
TOTAL GSF General Services							58405
Fund Group			$	400,000	$	400,000	58406

Federal Special Revenue Fund Group

58407

3A4	320-605	Administrative Support	$	12,492,892	$	12,492,892	58408
3A5	320-613	DD Council Operating	$	861,000	$	861,000	58409
		Expenses					58410
325	320-634	Protective Services	$	100,000	$	100,000	58411
TOTAL FED Federal Special Revenue							58412
Fund Group			$	13,453,892	$	13,453,892	58413

State Special Revenue Fund Group							58414
5S2	590-622	Medicaid Administration & Oversight	$	2,969,552	$	2,969,552	58415
TOTAL SSR State Special Revenue							58416
Fund Group			$	2,969,552	$	2,969,552	58417
TOTAL ALL GENERAL ADMINISTRATION							58418
AND STATEWIDE SERVICES							58419
BUDGET FUND GROUPS			$	53,354,142	$	50,625,242	58420

LEASE-RENTAL PAYMENTS

58421

The foregoing appropriation item 320-415, Lease-Rental	58422
Payments, shall be used to meet all payments at the times they are	58423
required to be made during the period from July 1, 2003, to June	58424
30, 2005, by the Department of Mental Retardation and	58425
Developmental Disabilities pursuant to leases and agreements made	58426
under section 154.20 of the Revised Code, but limited to the	58427
aggregate amount of $49,142,400. Nothing in this act shall be	58428
deemed to contravene the obligation of the state to pay, without	58429
necessity for further appropriation, from the sources pledged	58430
thereto, the bond service charges on obligations issued pursuant	58431
to section 154.20 of the Revised Code.	58432

Section 70.02. COMMUNITY SERVICES

58433

General Revenue Fund

58434

GRF	322-405	State Use Program	$	242,004	$	242,004	58435
GRF	322-413	Residential and Support Services	$	8,439,337	$	8,439,337	58436
GRF	322-416	Waiver State Match	$	95,695,198	$	100,019,747	58437
GRF	322-417	Supported Living	$	43,179,715	$	43,179,715	58438
GRF	322-451	Family Support Services	$	6,801,473	$	6,801,473	58439
GRF	322-452	Service and Support Administration	$	8,628,481	$	8,628,481	58440
GRF	322-501	County Boards Subsidies	$	31,795,691	$	31,795,691	58441
GRF	322-503	Tax Equity	$	14,000,000	$	14,000,000	58442
TOTAL GRF General Revenue Fund			$	208,781,899	$	213,106,448	58443

General Services Fund Group

58444

4J6	322-645	Intersystem Services for Children	$	3,300,000	$	3,300,000	58445
4U4	322-606	Community MR and DD Trust	$	300,000	$	300,000	58446
4V1	322-611	Program Support	$	610,000	$	625,000	58447
488	322-603	Residential Services Refund	$	1,000,000	$	1,000,000	58448
TOTAL GSF General Services							58449
Fund Group			$	5,210,000	$	5,225,000	58450

Federal Special Revenue Fund Group

58451

3A4	322-605	Community Program Support	$	1,000,000	$	1,000,000	58452
3A4	322-610	Community Residential Support	$	500,000	$	500,000	58453
3A5	322-613	DD Council Grants	$	3,130,000	$	3,130,000	58454
3G6	322-639	Medicaid Waiver	$	344,068,714	$	373,772,814	58455
3M7	322-650	CAFS Medicaid	$	254,739,737	$	267,668,087	58456
325	322-608	Federal Grants -	$	2,023,587	$	1,833,815	58457
		Operating Expenses					58458
325	322-612	Social Service Block	$	10,319,346	$	10,330,830	58459
		Grant					58460
325	322-617	Education Grants -	$	75,500	$	75,500	58461
		Operating					58462
TOTAL FED Federal Special Revenue							58463
Fund Group			$	615,856,884	$	658,311,046	58464

State Special Revenue Fund Group

58465

4K8	322-604	Waiver - Match	$	12,000,000	$	12,000,000	58466
5H0	322-619	Medicaid Repayment	$	25,000	$	25,000	58467
TOTAL SSR State Special Revenue							58468
Fund Group			$	12,025,000	$	12,025,000	58469
TOTAL ALL COMMUNITY SERVICES							58470
BUDGET FUND GROUPS			$	841,873,783	$	888,667,494	58471

RESIDENTIAL AND SUPPORT SERVICES

58472

The Department of Mental Retardation and Developmental	58473
Disabilities may designate a portion of appropriation item	58474
322-413, Residential and Support Services, for the following:	58475

(A) Sermak Class Services used to implement the requirements	58476
of the agreement settling the consent decree in Sermak v. Manuel,	58477
Case No. c-2-80-220, United States District Court for the Southern	58478
District of Ohio, Eastern Division;	58479

(B) Medicaid-reimbursed programs other than home and	58480
community-based waiver services, in an amount not to exceed	58481
$1,000,000 in each fiscal year, that enable persons with mental	58482
retardation and developmental disabilities to live in the	58483
community.	58484

WAIVER STATE MATCH

58485

The purposes for which the foregoing appropriation item	58486
322-416, Waiver State Match, shall be used include the following:	58487

(A) Home and community-based waiver services pursuant to	58488
Title XIX of the "Social Security Act," 49 Stat. 620 (1935), 42	58489
U.S.C. 301, as amended.	58490

(B) Services contracted by county boards of mental	58491
retardation and developmental disabilities.	58492

The Department of Mental Retardation and Developmental	58493
Disabilities may designate a portion of appropriation item	58494
322-416, Waiver State Match, to county boards of mental	58495
retardation and developmental disabilities that have greater need	58496
for various residential and support services due to a low	58497
percentage of residential and support services development in	58498
comparison to the number of individuals with mental retardation or	58499
developmental disabilities in the county.	58500

SUPPORTED LIVING

58501

The purposes for which the foregoing appropriation item	58502
322-417, Supported Living, shall be used include supported living	58503
services contracted by county boards of mental retardation and	58504
developmental disabilities in accordance with sections 5126.40 to	58505
5126.47 of the Revised Code.	58506

OTHER RESIDENTIAL AND SUPPORT SERVICE PROGRAMS

58507

Notwithstanding Chapters 5123. and 5126. of the Revised Code,	58508
the Department of Mental Retardation and Developmental	58509
Disabilities may develop residential and support service programs	58510
funded by appropriation item 322-413, Residential and Support	58511
Services, appropriation item 322-416, Waiver State Match, or	58512
appropriation item 322-417, Supported Living, that enable persons	58513
with mental retardation and developmental disabilities to live in	58514
the community. Notwithstanding Chapter 5121. and section 5123.122	58515
of the Revised Code, the department may waive the support	58516
collection requirements of those statutes for persons in community	58517
programs developed by the department under this section. The	58518
department shall adopt rules under Chapter 119. of the Revised	58519
Code or may use existing rules for the implementation of these	58520
programs.	58521

FAMILY SUPPORT SERVICES

58522

Notwithstanding sections 5123.171, 5123.19, 5123.20, and	58523
5126.11 of the Revised Code, the Department of Mental Retardation	58524
and Developmental Disabilities may implement programs funded by	58525
appropriation item 322-451, Family Support Services, to provide	58526
assistance to persons with mental retardation or developmental	58527
disabilities and their families who are living in the community.	58528
The department shall adopt rules to implement these programs.	58529

SERVICE AND SUPPORT ADMINISTRATION

58530

The foregoing appropriation item 322-452, Service and Support	58531
Administration, shall be allocated to county boards of mental	58532
retardation and developmental disabilities for the purpose of	58533
providing service and support administration services and to	58534
assist in bringing state funding for all department-approved	58535
service and support administrators within county boards of mental	58536
retardation and developmental disabilities to the level authorized	58537
in division (C) of section 5126.15 of the Revised Code. The	58538
department may request approval from the Controlling Board to	58539
transfer any unobligated appropriation authority from other state	58540
General Revenue Fund appropriation items within the department's	58541
budget to appropriation item 322-452, Service and Support	58542
Administration, to be used to meet the statutory funding level in	58543
division (C) of section 5126.15 of the Revised Code.	58544

Notwithstanding division (C) of section 5126.15 of the	58545
Revised Code and subject to funding in appropriation item 322-452,	58546
Service and Support Administration, no county may receive less	58547
than its allocation in fiscal year 1995. Wherever case management	58548
services are referred to in any law, contract, or other document,	58549
the reference shall be deemed to refer to service and support	58550
administration. No action or proceeding pending on the effective	58551
date of this section is affected by the renaming of case	58552
management services as service and support administration.	58553

The Department of Mental Retardation and Developmental	58554
Disabilities shall adopt, amend, and rescind rules as necessary to	58555
reflect the renaming of case management services as service and	58556
support administration. All boards of mental retardation and	58557
developmental disabilities and the entities with which they	58558
contract for services shall rename the titles of their employees	58559
who provide service and support administration. All boards and	58560
contracting entities shall make corresponding changes to all	58561
employment contracts.	58562

STATE SUBSIDIES TO MR/DD BOARDS

58563

The foregoing appropriation item 322-501, County Boards	58564
Subsidies, shall be distributed to county boards of mental	58565
retardation and developmental disabilities pursuant to section	58566
5126.12 of the Revised Code to the limit of the lesser of the	58567
amount required by that section or the appropriation in	58568
appropriation item 322-501 prorated to all county boards of mental	58569
retardation and developmental disabilities.	58570

TAX EQUITY

58571

The foregoing appropriation item 322-503, Tax Equity, shall	58572
be used to fund the tax equalization program created under section	58573
5126.18 of the Revised Code for county boards of mental	58574
retardation and developmental disabilities.	58575

INTERSYSTEM SERVICES FOR CHILDREN

58576

The foregoing appropriation item 322-645, Intersystem	58577
Services for Children, shall be used to support direct grants to	58578
county family and children first councils created under section	58579
121.37 of the Revised Code. The funds shall be used as partial	58580
support payment and reimbursement for locally coordinated	58581
treatment plans for multi-needs children that come to the	58582
attention of the Family and Children First Cabinet Council	58583
pursuant to section 121.37 of the Revised Code. The Department of	58584
Mental Retardation and Developmental Disabilities may use up to	58585
five per cent of this amount for administrative expenses	58586
associated with the distribution of funds to the county councils.	58587

WAIVER - MATCH

58588

The foregoing appropriation item 322-604, Waiver-Match (Fund	58589
4K8), shall be used as state matching funds for the home and	58590
community-based waivers.	58591

Section 70.03. DEVELOPMENTAL CENTER PROGRAM TO DEVELOP A	58592
MODEL BILLING FOR SERVICES RENDERED	58593

Developmental centers of the Department of Mental Retardation	58594
and Developmental Disabilities may provide services to persons	58595
with mental retardation or developmental disabilities living in	58596
the community or to providers of services to these persons. The	58597
department may develop a methodology for recovery of all costs	58598
associated with the provisions of these services.	58599

Section 70.04. TRANSFER OF FUNDS FOR DEVELOPMENTAL CENTER	58600
PHARMACY PROGRAMS	58601

Beginning July 1, 2003, the Department of Mental Retardation	58602
and Developmental Disabilities shall pay the Department of Job and	58603
Family Services quarterly, through intrastate transfer voucher,	58604
the nonfederal share of Medicaid prescription drug claim costs for	58605
all developmental centers paid by the Department of Job and Family	58606
Services.	58607

Section 70.05. RESIDENTIAL FACILITIES

58608

General Revenue Fund

58609

GRF	323-321	Residential Facilities	$	100,499,356	$	101,731,241	58610
		Operations					58611
TOTAL GRF General Revenue Fund			$	100,499,356	$	101,731,241	58612

General Services Fund Group

58613

152	323-609	Residential Facilities	$	912,177	$	912,177	58614
		Support					58615
TOTAL GSF General Services							58616
Fund Group			$	912,177	$	912,177	58617

Federal Special Revenue Fund Group

58618

3A4	323-605	Residential Facilities	$	128,736,729	$	128,831,708	58619
		Reimbursement					58620
325	323-608	Federal Grants -	$	571,381	$	582,809	58621
		Subsidies					58622
325	323-617	Education Grants -	$	425,000	$	425,000	58623
		Residential Facilities					58624
TOTAL FED Federal Special Revenue							58625
Fund Group			$	129,733,110	`	129,839,517	58626

State Special Revenue Fund Group

58627

489	323-632	Operating Expense	$	12,125,628	$	12,125,628	58628
TOTAL SSR State Special Revenue							58629
Fund Group			$	12,125,628	$	12,125,628	58630
TOTAL ALL RESIDENTIAL FACILITIES							58631
BUDGET FUND GROUPS			$	243,270,271	$	244,608,563	58632

DEPARTMENT TOTAL					58633
GENERAL REVENUE FUND	$	345,811,953	$	348,639,487	58634
DEPARTMENT TOTAL					58635
GENERAL SERVICES FUND GROUP	$	6,522,177	$	6,537,177	58636
DEPARTMENT TOTAL					58637
FEDERAL SPECIAL REVENUE FUND GROUP	$	759,043,886	$	801,604,455	58638
DEPARTMENT TOTAL					58639
STATE SPECIAL REVENUE FUND GROUP	$	27,120,180	$	27,120,180	58640
TOTAL DEPARTMENT OF MENTAL					58641
RETARDATION AND DEVELOPMENTAL					58642
DISABILITIES	$	1,138,498,196	$	1,183,901,299	58643

(A) The Executive Branch Committee on Medicaid Redesign and	58644
Expansion of MRDD Services, as established by Am. Sub. H.B. 94 of	58645
the 124th General Assembly, shall continue and consist of all of	58646
the following individuals:	58647

(1) One representative of the Governor appointed by the	58648
Governor;	58649

(2) Two representatives of the Department of Mental	58650
Retardation and Developmental Disabilities appointed by the	58651
Director of Mental Retardation and Developmental Disabilities;	58652

(3) Two representatives of the Department of Job and Family	58653
Services appointed by the Director of Job and Family Services;	58654

(4) One representative of the Office of Budget and Management	58655
appointed by the Director of Budget and Management;	58656

(5) One representative of The Arc of Ohio appointed by the	58657
organization's board of trustees;	58658

(6) One representative of the Ohio Association of County	58659
Boards of Mental Retardation and Developmental Disabilities	58660
appointed by the association's board of trustees;	58661

(7) One representative of the Ohio Superintendents of County	58662
Boards of Mental Retardation and Developmental Disabilities	58663
appointed by the organization's board of trustees;	58664

(8) One representative of the Ohio Provider Resource	58665
Association appointed by the association's board of trustees;	58666

(9) One representative of the Ohio Health Care Association	58667
appointed by the association's board of trustees;	58668

(10) One representative of individuals with mental	58669
retardation or other developmental disability appointed by the	58670
Director of Mental Retardation and Developmental Disabilities.	58671

(B) The Governor shall appoint the chairperson of the	58672
committee. Members of the committee shall serve without	58673
compensation or reimbursement, except to the extent that serving	58674
on the committee is considered a part of their regular employment	58675
duties.	58676

(C) The committee shall meet at times determined by the	58677
chairperson to do all of the following:	58678

(1) Review the effect that the provisions of this act	58679
regarding Medicaid funding for services to individuals with mental	58680
retardation or other developmental disability have on the funding	58681
and provision of services to such individuals;	58682

(2) Identify issues related to, and barriers to, the	58683
effective implementation of those provisions of this act with the	58684
goal of meeting the needs of individuals with mental retardation	58685
or other developmental disability;	58686

(3) Establish effective means for resolving the issues and	58687
barriers, including advocating changes to state law, rules, or	58688
both.	58689

(D) The committee shall submit a final report to the Governor	58690
and Directors of Mental Retardation and Developmental Disabilities	58691
and Job and Family Services and shall cease to exist on submission	58692
of the final report unless the Governor issues an executive order	58693
providing for the committee to continue.	58694

Section 71. MIH COMMISSION ON MINORITY HEALTH

58695

General Revenue Fund

58696

GRF	149-321	Operating Expenses	$	539,318	$	539,318	58697
GRF	149-501	Minority Health Grants	$	751,478	$	751,478	58698
GRF	149-502	Lupus Program	$	141,556	$	141,556	58699
TOTAL GRF General Revenue Fund			$	1,432,352	$	1,432,352	58700

Federal Special Revenue Fund Group

58701

3J9	149-602	Federal Grants	$	150,000	$	150,000	58702
TOTAL FED Federal Special Revenue							58703
Fund Group			$	150,000	$	150,000	58704

State Special Revenue Fund Group

58705

4C2	149-601	Minority Health Conference	$	150,000	$	150,000	58706
TOTAL SSR State Special Revenue							58707
Fund Group			$	150,000	$	150,000	58708
TOTAL ALL BUDGET FUND GROUPS			$	1,732,352	$	1,732,352	58709

LUPUS PROGRAM

58710

The foregoing appropriation item 149-502, Lupus Program,	58711
shall be used to provide grants for programs in patient, public,	58712
and professional education on the subject of systemic lupus	58713
erythemtosus; to encourage and develop local centers on lupus	58714
information gathering and screening; and to provide outreach to	58715
minority women.	58716

Section 72. CRB MOTOR VEHICLE COLLISION REPAIR REGISTRATION	58717
BOARD	58718

General Service Fund Group

58719

5H9	865-609	Operating Expenses	$	285,497	$	314,422	58720
TOTAL GSF General Services							58721
Fund Group			$	285,497	$	314,422	58722
TOTAL ALL BUDGET FUND GROUPS			$	285,497	$	314,422	58723

Section 73. DNR DEPARTMENT OF NATURAL RESOURCES

58725

General Revenue Fund

58726

GRF	725-404	Fountain Square Rental Payments - OBA	$	1,093,300	$	1,094,800	58727
GRF	725-407	Conservation Reserve Enhancement Program	$	1,218,750	$	1,218,750	58728
GRF	725-412	Reclamation Commission	$	57,934	$	57,934	58729
GRF	725-413	OPFC Lease Rental Payments	$	15,066,500	$	17,709,500	58730
GRF	725-423	Stream and Ground Water Gauging	$	331,819	$	331,819	58731
GRF	725-425	Wildlife License Reimbursement	$	816,319	$	816,319	58732
GRF	725-456	Canal Lands	$	332,859	$	332,859	58733
GRF	725-502	Soil and Water Districts	$	11,182,024	$	11,475,507	58734
GRF	725-903	Natural Resources General Obligation Debt Service	$	23,808,300	$	26,914,300	58735
GRF	727-321	Division of Forestry	$	9,068,735	$	9,068,735	58736
GRF	728-321	Division of Geological Survey	$	1,980,135	$	1,991,163	58737
GRF	729-321	Office of Information Technology	$	440,895	$	440,895	58738
GRF	730-321	Division of Parks and Recreation	$	33,232,205	$	34,561,493	58739
GRF	733-321	Division of Water	$	3,355,830	$	3,237,619	58740
GRF	736-321	Division of Engineering	$	3,410,852	$	3,436,918	58741
GRF	737-321	Division of Soil and Water	$	3,995,288	$	4,014,788	58742
GRF	738-321	Division of Real Estate and Land Management	$	2,322,031	$	2,331,781	58743
GRF	741-321	Division of Natural Areas and Preserves	$	3,104,405	$	3,104,405	58744
GRF	744-321	Division of Mineral Resources Management	$	3,439,744	$	3,495,967	58745
TOTAL GRF General Revenue Fund			$	118,257,925	$	125,635,552	58746

General Services Fund Group

58747

155	725-601	Departmental Projects	$	2,645,479	$	2,831,337	58748
157	725-651	Central Support Indirect	$	8,272,102	$	8,423,094	58749
161	725-635	Parks Facilities Maintenance	$	2,063,124	$	2,576,240	58750
204	725-687	Information Services	$	3,384,275	$	3,476,627	58751
206	725-689	REALM Support Services	$	475,000	$	475,000	58752
207	725-690	Real Estate Services	$	54,000	$	54,000	58753
4D5	725-618	Recycled Materials	$	50,000	$	50,000	58754
4S9	725-622	NatureWorks Personnel	$	908,516	$	983,103	58755
4X8	725-662	Water Resources Council	$	282,524	$	282,524	58756
430	725-671	Canal Lands	$	1,119,834	$	1,059,056	58757
508	725-684	Natural Resources Publication Center Interstate	$	209,364	$	215,626	58758
510	725-631	Maintenance - state-owned residences	$	255,905	$	260,849	58759
516	725-620	Water Management	$	3,663,849	$	2,342,814	58760
635	725-664	Fountain Square Facilities Management	$	3,104,199	$	3,104,199	58761
697	725-670	Submerged Lands	$	507,099	$	542,011	58762
TOTAL GSF General Services							58763
Fund Group			$	26,995,270	$	26,676,480	58764

Federal Special Revenue Fund Group

58765

3B3	725-640	Federal Forest Pass-Thru	$	140,000	$	150,000	58766
3B4	725-641	Federal Flood Pass-Thru	$	280,000	$	285,000	58767
3B5	725-645	Federal Abandoned Mine Lands	$	11,922,845	$	11,843,866	58768
3B6	725-653	Federal Land and Water Conservation Grants	$	4,900,000	$	5,000,000	58769
3B7	725-654	Reclamation - Regulatory	$	2,179,870	$	2,168,413	58770
3P0	725-630	Natural Areas and Preserves - Federal	$	718,876	$	552,480	58771
3P1	725-632	Geological Survey - Federal	$	470,780	$	479,653	58772
3P2	725-642	Oil and Gas-Federal	$	224,537	$	232,964	58773
3P3	725-650	Real Estate and Land Management - Federal	$	2,357,000	$	2,357,000	58774
3P4	725-660	Water - Federal	$	300,000	$	242,000	58775
3R5	725-673	Acid Mine Drainage Abatement/Treatment	$	792,028	$	837,223	58776
3Z5	725-657	REALM Federal	$	1,578,871	$	1,578,871	58777
328	725-603	Forestry Federal	$	1,530,561	$	1,484,531	58778
332	725-669	Federal Mine Safety Grant	$	247,364	$	258,103	58779
TOTAL FED Federal Special Revenue							58780
Fund Group			$	27,642,732	$	27,470,104	58781

State Special Revenue Fund Group

58782

4J2	725-628	Injection Well Review	$	98,468	$	81,188	58783
4M7	725-631	Wildfire Suppression	$	50,000	$	100,000	58784
4U6	725-668	Scenic Rivers Protection	$	561,000	$	617,100	58785
5B3	725-674	Mining Regulation	$	35,000	$	35,000	58786
5K1	725-626	Urban Forestry Grant	$	400,000	$	400,000	58787
5P2	725-634	Wildlife Boater Angler Administration	$	1,500,000	$	1,500,000	58788
509	725-602	State Forest	$	982,970	$	1,127,117	58789
511	725-646	Ohio Geologic Mapping	$	983,274	$	985,940	58790
512	725-605	State Parks Operations	$	29,915,146	$	29,915,146	58791
514	725-606	Lake Erie Shoreline	$	1,027,093	$	936,254	58792
518	725-643	Oil and Gas Permit Fees	$	2,205,651	$	2,399,580	58793
518	725-677	Oil and Gas Well Plugging	$	1,000,000	$	1,000,000	58794
521	725-627	Off-Road Vehicle Trails	$	118,490	$	123,490	58795
522	725-656	Natural Areas Checkoff Funds	$	2,046,737	$	1,550,670	58796
526	725-610	Strip Mining Administration Fees	$	1,449,459	$	1,449,459	58797
527	725-637	Surface Mining Administration	$	2,793,938	$	2,693,938	58798
529	725-639	Unreclaimed Land Fund	$	1,841,589	$	1,971,037	58799
531	725-648	Reclamation Forfeiture	$	2,393,762	$	2,374,087	58800
532	725-644	Litter Control and Recycling	$	12,544,686	$	12,544,686	58801
586	725-633	Scrap Tire Program	$	1,000,000	$	1,000,000	58802
615	725-661	Dam Safety	$	286,045	$	408,223	58803
TOTAL SSR State Special Revenue							58804
Fund Group			$	63,233,308	$	63,212,915	58805

Clean Ohio Fund Group

58806

061	725-405		Clean Ohio Operating		$	155,000		$	155,000		58807
TOTAL CLR Clean Ohio Fund Group					$	155,000		$	155,000		58808

Wildlife Fund Group

58809

015	740-401	Division of Wildlife Conservation	$	46,000,000	$	46,000,000	58810
815	725-636	Cooperative Management Projects	$	120,449	$	120,449	58811
816	725-649	Wetlands Habitat	$	966,885	$	966,885	58812
817	725-655	Wildlife Conservation Checkoff Fund	$	5,000,000	$	5,000,000	58813
818	725-629	Cooperative Fisheries Research	$	988,582	$	988,582	58814
819	725-685	Ohio River Management	$	128,584	$	128,584	58815
TOTAL WLF Wildlife Fund Group			$	53,204,500	$	53,204,500	58816

Waterways Safety Fund Group

58817

086	725-414	Waterways Improvement	$	3,813,051	$	4,140,186	58818
086	725-418	Buoy Placement	$	42,182	$	42,182	58819
086	725-501	Waterway Safety Grants	$	137,867	$	137,867	58820
086	725-506	Watercraft Marine Patrol	$	576,153	$	576,153	58821
086	725-513	Watercraft Educational Grants	$	366,643	$	366,643	58822
086	739-401	Division of Watercraft	$	19,201,158	$	18,299,158	58823
TOTAL WSF Waterways Safety Fund							58824
Group			$	24,137,054	$	23,562,189	58825

Holding Account Redistribution Fund Group

58826

R17	725-659	Performance Cash Bond Refunds	$	226,500	$	226,500	58827
R43	725-624	Forestry	$	800,000	$	800,000	58828
TOTAL 090 Holding Account							58829
Redistribution Fund Group			$	1,026,500	$	1,026,500	58830

Accrued Leave Liability Fund Group

58831

4M8	725-675	FOP Contract	$	20,844	$	20,844	58832
TOTAL ALF Accrued Leave							58833
Liability Fund Group			$	20,844	$	20,844	58834
TOTAL ALL BUDGET FUND GROUPS			$	314,673,133	$	320,964,084	58835

Section 73.01. FOUNTAIN SQUARE

58837

The foregoing appropriation item 725-404, Fountain Square	58838
Rental Payments - OBA, shall be used by the Department of Natural	58839
Resources to meet all payments required to be made to the Ohio	58840
Building Authority during the period from July 1, 2003, to June	58841
30, 2005, pursuant to leases and agreements with the Ohio Building	58842
Authority under section 152.241 of the Revised Code, but limited	58843
to the aggregate amount of $2,188,100.	58844

The Director of Natural Resources, using intrastate transfer	58845
vouchers, shall make payments to the General Revenue Fund from	58846
funds other than the General Revenue Fund to reimburse the General	58847
Revenue Fund for the other funds' shares of the lease rental	58848
payments to the Ohio Building Authority. The transfers from the	58849
non-General Revenue funds shall be made within 10 days of the	58850
payment to the Ohio Building Authority for the actual amounts	58851
necessary to fulfill the leases and agreements pursuant to section	58852
152.241 of the Revised Code.	58853

The foregoing appropriation item 725-664, Fountain Square	58854
Facilities Management (Fund 635), shall be used for payment of	58855
repairs, renovation, utilities, property management, and building	58856
maintenance expenses for the Fountain Square Complex. Cash	58857
transferred by intrastate transfer vouchers from various	58858
department funds and rental income received by the Department of	58859
Natural Resources shall be deposited into the Fountain Square	58860
Facilities Management Fund (Fund 635).	58861

LEASE RENTAL PAYMENTS

58862

The foregoing appropriation item 725-413, OPFC Lease Rental	58863
Payments, shall be used to meet all payments at the times they are	58864
required to be made during the period from July 1, 2003, to June	58865
30, 2005, by the Department of Natural Resources pursuant to	58866
leases and agreements made under section 154.22 of the Revised	58867
Code, but limited to the aggregate amount of $32,776,000. Nothing	58868
in this act shall be deemed to contravene the obligation of the	58869
state to pay, without necessity for further appropriation, from	58870
the sources pledged thereto, the bond service charges on	58871
obligations issued pursuant to section 154.22 of the Revised Code.	58872

NATURAL RESOURCES GENERAL OBLIGATION DEBT SERVICE

58873

The foregoing appropriation item 725-903, Natural Resources	58874
General Obligation Debt Service, shall be used to pay all debt	58875
service and related financing costs at the times they are required	58876
to be made pursuant to sections 151.01 and 151.05 of the Revised	58877
Code during the period from July 1, 2003, to June 30, 2005. The	58878
Office of the Sinking Fund or the Director of Budget and	58879
Management shall effectuate the required payments by an intrastate	58880
transfer voucher.	58881

Section 73.02. WILDLIFE LICENSE REIMBURSEMENT

58882

Notwithstanding the limits of the transfer from the General	58883
Revenue Fund to the Wildlife Fund, as adopted in section 1533.15	58884
of the Revised Code, up to the amount available in appropriation	58885
item 725-425, Wildlife License Reimbursement, may be transferred	58886
from the General Revenue Fund to the Wildlife Fund (Fund 015).	58887
Pursuant to the certification of the Director of Budget and	58888
Management of the amount of foregone revenue in accordance with	58889
section 1533.15 of the Revised Code, the foregoing appropriation	58890
item in the General Revenue Fund, appropriation item 725-425,	58891
Wildlife License Reimbursement, shall be used to reimburse the	58892
Wildlife Fund (Fund 015) for the cost of hunting and fishing	58893
licenses and permits issued after June 30, 1990, to individuals	58894
who are exempted under the Revised Code from license, permit, and	58895
stamp fees.	58896

CANAL LANDS

58897

The foregoing appropriation item 725-456, Canal Lands, shall	58898
be used to transfer funds to the Canal Lands Fund (Fund 430) to	58899
provide operating expenses for the State Canal Lands Program. The	58900
transfer shall be made using an intrastate transfer voucher and	58901
shall be subject to the approval of the Director of Budget and	58902
Management.	58903

SOIL AND WATER DISTRICTS

58904

In addition to state payments to soil and water conservation	58905
districts authorized by section 1515.10 of the Revised Code, the	58906
Department of Natural Resources may pay to any soil and water	58907
conservation district, from authority in appropriation item	58908
725-502, Soil and Water Districts, an annual amount not to exceed	58909
$30,000, upon receipt of a request and justification from the	58910
district and approval by the Ohio Soil and Water Conservation	58911
Commission. The county auditor shall credit the payments to the	58912
special fund established under section 1515.10 of the Revised Code	58913
for the local soil and water conservation district. Moneys	58914
received by each district shall be expended for the purposes of	58915
the district.	58916

FUND CONSOLIDATION

58917

On July 15, 2003, or as soon thereafter as possible, the	58918
Director of Budget and Management shall transfer the cash balance	58919
as certified by the Director of Natural Resources from the Real	58920
Estate and Land Management-Federal Fund (Fund 3P3) to the	58921
REALM-Federal Fund (Fund 325). The Director shall cancel any	58922
remaining outstanding encumbrances against appropriation item	58923
725-650, Real Estate and Land Management-Federal, that are	58924
associated with the REALM federal programs and reestablish them	58925
against appropriation item 725-657, REALM-Federal. The amounts of	58926
any encumbrances canceled and reestablished are hereby	58927
appropriated.	58928

OIL AND GAS WELL PLUGGING

58929

The foregoing appropriation item 725-677, Oil and Gas Well	58930
Plugging, shall be used exclusively for the purposes of plugging	58931
wells and to properly restore the land surface of idle and orphan	58932
oil and gas wells pursuant to section 1509.071 of the Revised	58933
Code. No funds from the appropriation item shall be used for	58934
salaries, maintenance, equipment, or other administrative	58935
purposes, except for those costs directly attributed to the	58936
plugging of an idle or orphan well. Appropriation authority from	58937
this appropriation item shall not be transferred to any other fund	58938
or line item.	58939

CLEAN OHIO OPERATING EXPENSES

58940

The foregoing appropriation item 725-405, Clean Ohio	58941
Operating, shall be used by the Department of Natural Resources in	58942
administering section 1519.05 of the Revised Code.	58943

WATERCRAFT MARINE PATROL

58944

Of the foregoing appropriation item 739-401, Division of	58945
Watercraft, not more than $200,000 in each fiscal year shall be	58946
expended for the purchase of equipment for marine patrols	58947
qualifying for funding from the Department of Natural Resources	58948
pursuant to section 1547.67 of the Revised Code. Proposals for	58949
equipment shall accompany the submission of documentation for	58950
receipt of a marine patrol subsidy pursuant to section 1547.67 of	58951
the Revised Code and shall be loaned to eligible marine patrols	58952
pursuant to a cooperative agreement between the Department of	58953
Natural Resources and the eligible marine patrol.	58954

ELIMINATION OF CIVILIAN CONSERVATION CORPS

58955

Upon the closure of the Division of Civilian Conservation,	58956
the Director of Natural Resources, not later than June 30, 2004,	58957
shall distribute, allocate, salvage, or transfer all assets,	58958
equipment, supplies, and cash balances of the Division of Civilian	58959
Conservation to other operating divisions of the Department of	58960
Natural Resources as determined by the director. The director	58961
shall maintain a record of such disposition of all assets.	58962

The director shall maintain balances within the Civilian	58963
Conservation Corps Fund to pay all outstanding obligations,	58964
including unemployment and other costs associated with the orderly	58965
closure of the Division of Civilian Conservation. All amounts	58966
necessary for the orderly closure are hereby appropriated.	58967

Section 74. NUR STATE BOARD OF NURSING

58968

General Services Fund Group

58969

4K9	884-609	Operating Expenses	$	5,232,776	$	5,257,576	58970
5P8	884-601	Nursing Special Issues	$	5,000	$	5,000	58971
TOTAL GSF General Services							58972
Fund Group			$	5,237,776	$	5,262,576	58973
TOTAL ALL BUDGET FUND GROUPS			$	5,237,776	$	5,262,576	58974

NURSING SPECIAL ISSUES

58975

The foregoing appropriation item 884-601, Nursing Special	58976
Issues (Fund 5P8), shall be used to pay the costs the Board of	58977
Nursing incurs in implementing section 4723.062 of the Revised	58978
Code.	58979

Section 75. PYT OCCUPATIONAL THERAPY, PHYSICAL THERAPY, AND	58980
ATHLETIC TRAINERS BOARD	58981

General Services Fund Group

58982

4K9	890-609	Operating Expenses	$	771,391	$	801,480	58983
TOTAL GSF General Services							58984
Fund Group			$	771,391	$	801,480	58985
TOTAL ALL BUDGET FUND GROUPS			$	771,391	$	801,480	58986

Section 80. PBR STATE PERSONNEL BOARD OF REVIEW

58988

General Revenue Fund

58989

GRF	124-321		Operating		$	1,029,430		$	1,077,170		58990
TOTAL GRF General Revenue Fund					$	1,029,430		$	1,077,170		58991

General Services Fund Group

58992

636	124-601	Transcript and Other	$	25,000	$	25,000	58993
TOTAL GSF General Services							58994
Fund Group			$	25,000	$	25,000	58995
TOTAL ALL BUDGET FUND GROUPS			$	1,054,430	$	1,102,170	58996

TRANSCRIPT AND OTHER

58997

The foregoing appropriation item 124-601, Transcript and	58998
Other, may be used to defray the costs of producing an	58999
administrative record.	59000

Section 81. PRX STATE BOARD OF PHARMACY

59001

General Services Fund Group

59002

4A5	887-605	Drug Law Enforcement	$	72,900	$	75,550	59003
4K9	887-609	Operating Expenses	$	4,733,987	$	4,914,594	59004
TOTAL GSF General Services							59005
Fund Group			$	4,806,887	$	4,990,144	59006
TOTAL ALL BUDGET FUND GROUPS			$	4,806,887	$	4,990,144	59007

Section 82. PSY STATE BOARD OF PSYCHOLOGY

59009

General Services Fund Group

59010

4K9	882-609	Operating Expenses	$	516,544	$	513,525	59011
TOTAL GSF General Services							59012
Fund Group			$	516,544	$	513,525	59013
TOTAL ALL BUDGET FUND GROUPS			$	516,544	$	513,525	59014

Section 83. PUB OHIO PUBLIC DEFENDER COMMISSION

59016

General Revenue Fund

59017

GRF	019-321	Public Defender Administration	$	1,430,057	$	1,351,494	59018
GRF	019-401	State Legal Defense Services	$	5,724,780	$	5,693,572	59019
GRF	019-403	Multi-County: State Share	$	917,668	$	930,894	59020
GRF	019-404	Trumbull County - State Share	$	299,546	$	308,450	59021
GRF	019-405	Training Account	$	33,323	$	33,323	59022
GRF	019-501	County Reimbursement - Non-Capital Cases	$	28,173,220	$	28,173,220	59023
GRF	019-503	County Reimbursement - Capital Cases	$	693,000	$	726,000	59024
TOTAL GRF General Revenue Fund			$	37,271,594	$	37,216,953	59025

General Services Fund Group

59026

101	019-602	Inmate Legal Assistance	$	52,698	$	53,086	59027
406	019-603	Training and Publications	$	16,000	$	16,000	59028
407	019-604	County Representation	$	255,789	$	259,139	59029
408	019-605	Client Payments	$	285,533	$	285,533	59030
TOTAL GSF General Services							59031
Fund Group			$	610,020	$	613,758	59032

Federal Special Revenue Fund Group

59033

3S8	019-608	Federal Representation	$	351,428	$	355,950	59034
TOTAL FED Federal Special Revenue							59035
Fund Group			$	351,428	$	355,950	59036

State Special Revenue Fund Group

59037

4C7	019-601	Multi-County: County Share	$	1,923,780	$	1,991,506	59038
4X7	019-610	Trumbull County - County Share	$	624,841	$	658,764	59039
574	019-606	Legal Services Corporation	$	14,305,700	$	14,305,800	59040
TOTAL SSR State Special Revenue							59041
Fund Group			$	16,854,321	$	16,956,070	59042
TOTAL ALL BUDGET FUND GROUPS			$	55,087,363	$	55,142,731	59043

INDIGENT DEFENSE OFFICE

59044

The foregoing appropriation items 019-404, Trumbull County -	59045
State Share, and 019-610, Trumbull County - County Share, shall be	59046
used to support an indigent defense office for Trumbull County.	59047

MULTI-COUNTY OFFICE

59048

The foregoing appropriation items 019-403, Multi-County:	59049
State Share, and 019-601, Multi-County: County Share, shall be	59050
used to support the Office of the Ohio Public Defender's	59051
Multi-County Branch Office Program.	59052

TRAINING ACCOUNT

59053

The foregoing appropriation item 019-405, Training Account,	59054
shall be used by the Ohio Public Defender to provide legal	59055
training programs at no cost for private appointed counsel who	59056
represent at least one indigent defendant at no cost and for state	59057
and county public defenders and attorneys who contract with the	59058
Ohio Public Defender to provide indigent defense services.	59059

FEDERAL REPRESENTATION

59060

The foregoing appropriation item 019-608, Federal	59061
Representation, shall be used to receive reimbursements from the	59062
federal courts when the Ohio Public Defender provides	59063
representation in federal court cases and to support	59064
representation in such cases.	59065

APPOINTED COUNSEL REIMBURSEMENT RATE FREEZE

59066

In establishing maximum amounts that the state will reimburse	59067
counties for legal services pursuant to divisions (B) (8) and (9)	59068
of section 120.04 of the Revised Code for the period from July 1,	59069
2003, through June 30, 2005, the state public defender shall not	59070
establish maximum amounts that exceed the maximum amounts in	59071
effect on March 1, 2003.	59072

Section 84. DHS DEPARTMENT OF PUBLIC SAFETY

59073

General Revenue Fund

59074

GRF	763-403	Operating Expenses - EMA	$	4,058,188	$	4,058,188	59075
GRF	763-507	Individual and Households Grants	$	48,750	$	48,750	59076
TOTAL GRF General Revenue Fund			$	4,106,938	$	4,106,938	59077

State Special Revenue Fund Group

59078

5X1	764-415		Public Safety Investigative Unit		$	800,000		$	800,000		59079
TOTAL SSR State Special Revenue Fund Group					$	800,000		$	800,000		59080

TOTAL ALL BUDGET FUND GROUPS

4,906,938

59081

OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT

59082

Of the foregoing appropriation item 763-403, Operating	59083
Expenses - EMA, $200,000 in each fiscal year shall be used to fund	59084
the Ohio Task Force One - Urban Search and Rescue Unit and other	59085
urban search and rescue programs around the state to create a	59086
stronger search and rescue capability statewide.	59087

COUNTY EMERGENCY PREPAREDNESS GRANTS

59088

The foregoing appropriation item 763-501, County Emergency	59089
Preparedness Grants, shall be used to improve preparedness of	59090
local emergency management agencies and authorities in accordance	59091
with Chapter 5502. of the Revised Code. The grants shall be	59092
distributed to agencies based on the distribution formula	59093
established for the Federal Emergency Management Agency (FEMA)	59094
"Emergency Management Performance Grant" (EMPG). Grants made under	59095
this section are not intended to supplant any federal, state, or	59096
local funding to an agency or authority. Therefore, neither a	59097
state agency nor any political subdivision shall take into account	59098
the receipt of a grant under this section in determining the	59099
amount of support that a state agency or political subdivision	59100
provides to an emergency management agency or authority.	59101

INDIVIDUAL AND HOUSEHOLDS GRANTS STATE MATCH

59102

The foregoing appropriation item 763-507, Individual and	59103
Households Grants, shall be used to fund the state share of costs	59104
to provide grants to individuals and households in cases of	59105
disaster.	59106

Section 85. PUC PUBLIC UTILITIES COMMISSION OF OHIO

59107

General Services Fund Group

59108

5F6	870-622	Utility and Railroad Regulation	$	30,622,222	$	30,622,222	59109
5F6	870-624	NARUC/NRRI Subsidy	$	167,233	$	167,233	59110
5F6	870-625	Motor Transportation Regulation	$	5,361,239	$	5,361,239	59111
558	870-602	Salvage and Exchange	$	16,477	$	4,000	59112
TOTAL GSF General Services							59113
Fund Group			$	36,167,171	$	36,154,694	59114

Federal Special Revenue Fund Group

59115

3V3	870-604	Commercial Vehicle Information Systems/Networks	$	870,000	$	300,000	59116
333	870-601	Gas Pipeline Safety	$	597,957	$	597,957	59117
350	870-608	Motor Carrier Safety	$	7,027,712	$	7,027,712	59118
TOTAL FED Federal Special Revenue							59119
Fund Group			$	8,495,669	$	7,925,669	59120

State Special Revenue Fund Group

59121

4A3	870-614	Grade Crossing Protection Devices-State	$	1,349,757	$	1,349,757	59122
4L8	870-617	Pipeline Safety-State	$	187,621	$	187,621	59123
4S6	870-618	Hazardous Material Registration	$	899,325	$	614,325	59124
4S6	870-621	Hazardous Materials Base State Registration	$	373,346	$	373,346	59125
4U8	870-620	Civil Forfeitures	$	719,986	$	434,986	59126
559	870-605	Public Utilities Territorial Administration	$	4,000	$	4,000	59127
560	870-607	Special Assessment	$	100,000	$	100,000	59128
561	870-606	Power Siting Board	$	337,210	$	337,210	59129
638	870-611	Biomass Energy Program	$	40,000	$	40,000	59130
661	870-612	Hazardous Materials Transportation	$	900,000	$	900,000	59131
TOTAL SSR State Special Revenue							59132
Fund Group			$	4,911,245	$	4,341,245	59133

Agency Fund Group

59134

4G4	870-616	Base State Registration Program	$	6,500,000	$	6,500,000	59135
TOTAL AGY Agency Fund Group			$	6,500,000	$	6,500,000	59136
TOTAL ALL BUDGET FUND GROUPS			$	56,074,085	$	54,921,608	59137

COMMERCIAL VEHICLE INFORMATION SYSTEMS AND NETWORKS PROJECT

59138

The Commercial Vehicle Information Systems and Networks Fund	59139
is hereby created in the state treasury. The Commercial Vehicle	59140
Information Systems and Networks Fund shall receive funding from	59141
the United States Department of Transportation's Commercial	59142
Vehicle Intelligent Transportation System Infrastructure	59143
Deployment Program and shall be used to deploy the Ohio Commercial	59144
Vehicle Information Systems and Networks Project and to expedite	59145
and improve the safety of motor carrier operations through	59146
electronic exchange of data by means of on-highway electronic	59147
systems.	59148

Notwithstanding section 4905.80 of the Revised Code, up to	59149
$435,000 in fiscal year 2004 and $150,000 in fiscal year 2005 of	59150
the foregoing appropriation item 870-618, Hazardous Material	59151
Registration, may be used to pay the state share of the	59152
implementation of the Ohio Commercial Vehicle Information Systems	59153
and Networks Project.	59154

Notwithstanding section 4923.12 of the Revised Code, up to	59155
$435,000 in fiscal year 2004 and $150,000 in fiscal year 2005 of	59156
the foregoing appropriation item 870-620, Civil Forfeitures, may	59157
be used to pay the state share of the implementation of the Ohio	59158
Commercial Vehicle Information Systems and Networks Project.	59159

Section 86. PWC PUBLIC WORKS COMMISSION

59160

General Revenue Fund

59161

GRF	150-904	Conservation General Obligation Debt Service	$	9,743,500	$	11,235,700	59162
GRF	150-907	State Capital Improvements	$	156,974,400	$	152,069,700	59163
		General Obligation Debt Service					59164
TOTAL GRF General Revenue Fund			$	166,717,900	$	163,305,400	59165

Clean Ohio Fund Group

59166

056	150-403	Clean Ohio Operating Expenses	$	298,200	$	304,400	59167
TOTAL 056 Clean Ohio Fund Group			$	298,200	$	304,400	59168
TOTAL ALL BUDGET FUND GROUPS			$	167,016,100	$	163,609,800	59169

CONSERVATION GENERAL OBLIGATION DEBT SERVICE

59170

The foregoing appropriation item 150-904, Conservation	59171
General Obligation Debt Service, shall be used to pay all debt	59172
service and related financing costs at the times they are required	59173
to be made pursuant to sections 151.01 and 151.09 of the Revised	59174
Code during the period from July 1, 2003, to June 30, 2005. The	59175
Office of the Sinking Fund or the Director of Budget and	59176
Management shall effectuate the required payments by an intrastate	59177
transfer voucher.	59178

STATE CAPITAL IMPROVEMENTS GENERAL OBLIGATION DEBT SERVICE

59179

The foregoing appropriation item 150-907, State Capital	59180
Improvements General Obligation Debt Service, shall be used to pay	59181
all debt service and related financing costs at the times they are	59182
required to be made pursuant to sections 151.01 and 151.08 of the	59183
Revised Code during the period from July 1, 2003, to June 30,	59184
2005. The Office of the Sinking Fund or the Director of Budget and	59185
Management shall effectuate the required payments by an intrastate	59186
transfer voucher.	59187

CLEAN OHIO OPERATING EXPENSES

59188

The foregoing appropriation item 150-403, Clean Ohio	59189
Operating Expenses, shall be used by the Ohio Public Works	59190
Commission in administering sections 164.20 to 164.27 of the	59191
Revised Code.	59192

Section 87. RAC STATE RACING COMMISSION

59193

State Special Revenue Fund Group

59194

5C4	875-607	Simulcast Horse Racing Purse	$	19,730,799	$	19,476,952	59195
562	875-601	Thoroughbred Race Fund	$	4,642,378	$	4,642,378	59196
563	875-602	Standardbred Development Fund	$	2,908,841	$	3,161,675	59197
564	875-603	Quarterhorse Development Fund	$	1,000	$	2,000	59198
565	875-604	Racing Commission Operating	$	4,485,777	$	4,759,834	59199
TOTAL SSR State Special Revenue							59200
Fund Group			$	31,768,795	$	32,042,839	59201

Holding Account Redistribution Fund Group

59202

R21	875-605	Bond Reimbursements	$	212,900	$	212,900	59203
TOTAL 090 Holding Account Redistribution							59204
Fund Group			$	212,900	$	212,900	59205
TOTAL ALL BUDGET FUND GROUPS			$	31,981,695	$	32,255,739	59206

Section 88. BOR BOARD OF REGENTS

59208

General Revenue Fund

59209

GRF	235-321	Operating Expenses	$	2,886,284	$	2,767,219	59210
GRF	235-401	Lease Rental Payments	$	246,500,700	$	216,836,400	59211
GRF	235-402	Sea Grants	$	274,895	$	274,895	59212
GRF	235-403	Math/Science Teaching Improvement	$	1,757,614	$	1,757,614	59213
GRF	235-404	College Readiness Initiatives	$	2,277,641	$	2,277,641	59214
GRF	235-406	Articulation and Transfer	$	513,450	$	513,450	59215
GRF	235-408	Midwest Higher Education Compact	$	35,000	$	35,000	59216
GRF	235-409	Information System	$	1,185,879	$	1,154,671	59217
GRF	235-414	State Grants and Scholarship Administration	$	1,219,719	$	1,211,373	59218
GRF	235-415	Jobs Challenge	$	9,348,300	$	9,348,300	59219
GRF	235-417	Ohio Learning Network	$	3,413,046	$	3,327,720	59220
GRF	235-418	Access Challenge	$	57,068,622	$	57,068,622	59221
GRF	235-420	Success Challenge	$	43,113,077	$	43,113,077	59222
GRF	235-428	Appalachian New Economy Partnership	$	940,000	$	940,000	59223
GRF	235-451	Eminent Scholars	$	0	$	1,462,500	59224
GRF	235-454	Research Challenge	$	18,330,000	$	18,330,000	59225
GRF	235-455	EnterpriseOhio Network	$	1,505,262	$	1,465,650	59226
GRF	235-474	Area Health Education Centers Program Support	$	1,580,502	$	1,540,990	59227
GRF	235-477	Access Improvement Projects	$	1,048,664	$	1,080,124	59228
GRF	235-501	State Share of Instruction	$	1,505,373,459	$	1,505,335,851	59229
GRF	235-502	Student Support Services	$	870,675	$	848,908	59230
GRF	235-503	Ohio Instructional Grants	$	111,966,343	$	115,325,333	59231
GRF	235-504	War Orphans Scholarships	$	4,672,321	$	4,672,321	59232
GRF	235-507	OhioLINK	$	7,028,392	$	7,028,392	59233
GRF	235-508	Air Force Institute of Technology	$	1,880,000	$	1,880,000	59234
GRF	235-510	Ohio Supercomputer Center	$	4,208,472	$	4,103,260	59235
GRF	235-511	Cooperative Extension Service	$	25,394,863	$	25,394,863	59236
GRF	235-513	Ohio University Voinovich Center	$	271,977	$	265,178	59237
GRF	235-514	Central State Supplement	$	11,039,203	$	11,039,203	59238
GRF	235-515	Case Western Reserve University School of Medicine	$	3,168,949	$	3,089,725	59239
GRF	235-519	Family Practice	$	4,840,887	$	4,719,865	59240
GRF	235-520	Shawnee State Supplement	$	2,082,289	$	2,082,289	59241
GRF	235-521	The Ohio State University Glenn Institute	$	271,977	$	265,178	59242
GRF	235-524	Police and Fire Protection	$	209,046	$	203,819	59243
GRF	235-525	Geriatric Medicine	$	820,696	$	800,179	59244
GRF	235-526	Primary Care Residencies	$	2,390,061	$	2,330,310	59245
GRF	235-527	Ohio Aerospace Institute	$	1,763,843	$	1,719,747	59246
GRF	235-530	Academic Scholarships	$	7,800,000	$	7,800,000	59247
GRF	235-531	Student Choice Grants	$	52,139,646	$	52,139,646	59248
GRF	235-534	Student Workforce Development Grants	$	2,437,500	$	2,437,500	59249
GRF	235-535	Ohio Agricultural Research and Development Center	$	35,496,855	$	35,496,855	59250
GRF	235-536	The Ohio State University Clinical Teaching	$	12,461,503	$	12,461,503	59251
GRF	235-537	University of Cincinnati Clinical Teaching	$	10,249,417	$	10,249,417	59252
GRF	235-538	Medical College of Ohio at Toledo Clinical Teaching	$	7,988,864	$	7,988,864	59253
GRF	235-539	Wright State University Clinical Teaching	$	3,881,147	$	3,881,147	59254
GRF	235-540	Ohio University Clinical Teaching	$	3,752,022	$	3,752,022	59255
GRF	235-541	Northeastern Ohio Universities College of Medicine Clinical Teaching	$	3,858,951	$	3,858,951	59256
GRF	235-543	Ohio College of Podiatric Medicine Clinical Subsidy	$	389,513	$	389,513	59257
GRF	235-547	School of International Business	$	1,264,611	$	1,232,996	59258
GRF	235-549	Part-time Student Instructional Grants	$	14,036,622	$	14,457,721	59259
GRF	235-553	Dayton Area Graduate Studies Institute	$	2,726,884	$	2,726,884	59260
GRF	235-554	Computer Science Graduate Education	$	2,577,209	$	2,512,779	59261
GRF	235-555	Library Depositories	$	1,775,467	$	1,731,080	59262
GRF	235-556	Ohio Academic Resources Network	$	3,657,009	$	3,803,289	59263
GRF	235-558	Long-term Care Research	$	230,906	$	225,134	59264
GRF	235-561	Bowling Green State University Canadian Studies Center	$	121,586	$	118,546	59265
GRF	235-572	The Ohio State University Clinic Support	$	1,400,394	$	1,362,259	59266
GRF	235-583	Urban University Programs	$	4,813,113	$	4,692,785	59267
GRF	235-585	Ohio University Innovation Center	$	36,078	$	35,176	59268
GRF	235-587	Rural University Projects	$	1,018,010	$	992,559	59269
GRF	235-588	Ohio Resource Center for Mathematics, Science, and Reading	$	853,262	$	853,262	59270
GRF	235-595	International Center for Water Resources Development	$	137,352	$	133,918	59271
GRF	235-596	Hazardous Materials Program	$	288,700	$	281,483	59272
GRF	235-599	National Guard Scholarship Program	$	13,252,916	$	14,578,208	59273
GRF	235-909	Higher Education General Obligation Debt Service	$	97,668,000	$	130,967,600	59274
TOTAL GRF General Revenue Fund			$	2,367,565,645	$	2,376,770,764	59275

General Services Fund Group

59276

220	235-614	Program Approval and Reauthorization	$	400,000	$	400,000	59277
456	235-603	Sales and Services	$	300,002	$	300,003	59278
TOTAL GSF General Services							59279
Fund Group			$	700,002	$	700,003	59280

Federal Special Revenue Fund Group

59281

3H2	235-608	Human Services Project	$	1,500,000	$	1,500,000	59282
3N6	235-605	State Student Incentive Grants	$	2,196,680	$	2,196,680	59283
3T0	235-610	National Health Service Corps - Ohio Loan Repayment	$	150,001	$	150,001	59284
312	235-609	Tech Prep	$	183,850	$	183,850	59285
312	235-611	Gear-up Grant	$	1,478,245	$	1,370,691	59286
312	235-612	Carl D. Perkins Grant/Plan Administration	$	112,960	$	112,960	59287
312	235-615	Professional Development	$	523,129	$	523,129	59288
312	235-616	Workforce Investment Act Administration	$	850,000	$	850,000	59289
312	235-631	Federal Grants	$	3,444,949	$	3,150,590	59290
TOTAL FED Federal Special Revenue							59291
Fund Group			$	10,439,814	$	10,037,901	59292

State Special Revenue Fund Group

59293

4E8	235-602	Higher Educational Facility Commission Administration	$	20,000	$	20,000	59294
4P4	235-604	Physician Loan Repayment	$	476,870	$	476,870	59295
649	235-607	The Ohio State University Highway/Transportation Research	$	760,000	$	760,000	59296
682	235-606	Nursing Loan Program	$	893,000	$	893,000	59297
TOTAL SSR State Special Revenue							59298
Fund Group			$	2,149,870	$	2,149,870	59299
TOTAL ALL BUDGET FUND GROUPS			$	2,380,855,331	$	2,389,658,538	59300

Section 88.01. LEASE RENTAL PAYMENTS

59302

The foregoing appropriation item 235-401, Lease Rental	59303
Payments, shall be used to meet all payments at the times they are	59304
required to be made during the period from July 1, 2003, to June	59305
30, 2005, by the Board of Regents pursuant to leases and	59306
agreements made under section 154.21 of the Revised Code, but	59307
limited to the aggregate amount of $463,377,100. Nothing in this	59308
act shall be deemed to contravene the obligation of the state to	59309
pay, without necessity for further appropriation, from the sources	59310
pledged thereto, the bond service charges on obligations issued	59311
pursuant to section 154.21 of the Revised Code.	59312

SEA GRANTS

59313

The foregoing appropriation item 235-402, Sea Grants, shall	59314
be disbursed to the Ohio State University and shall be used to	59315
conduct research on fish in Lake Erie.	59316

MATHEMATICS AND SCIENCE TEACHING IMPROVEMENT

59317

Appropriation item 235-403, Math/Science Teaching	59318
Improvement, shall be used by the Board of Regents to support	59319
programs such as OSI - Discovery designed to raise the quality of	59320
mathematics and science teaching in primary and secondary	59321
education.	59322

Of the foregoing appropriation item 235-403, Math/Science	59323
Teaching Improvement, $217,669 in each fiscal year shall be	59324
distributed to the Mathemathics and Science Center in Lake County.	59325

Of the foregoing appropriation item 235-403, Math/Science	59326
Teaching Improvement, $87,068 in fiscal year 2004 and $87,067 in	59327
fiscal year 2005 shall be distributed to the Ohio Mathematics and	59328
Science Coalition.	59329

COLLEGE READINESS INITIATIVES

59330

Appropriation item 235-404, College Readiness Initiatives,	59331
shall be used by the Board of Regents to support programs designed	59332
to improve the academic preparation and increase the number of	59333
students that enroll and succeed in higher education.	59334

MIDWEST HIGHER EDUCATION COMPACT

59335

The foregoing appropriation item 235-408, Midwest Higher	59336
Education Compact, shall be distributed by the Board of Regents	59337
pursuant to section 3333.40 of the Revised Code.	59338

INFORMATION SYSTEM

59339

The foregoing appropriation item 235-409, Information System,	59340
shall be used by the Board of Regents to operate the higher	59341
education information data system known as the Higher Education	59342
Information System.	59343

Section 88.02. JOBS CHALLENGE

59344

Funds appropriated to appropriation item 235-415, Jobs	59345
Challenge, shall be distributed to state-assisted community and	59346
technical colleges, regional campuses of state-assisted	59347
universities, and other organizationally distinct and identifiable	59348
member campuses of the EnterpriseOhio Network in support of	59349
noncredit job-related training. In each fiscal year, $2,770,773	59350
shall be distributed as performance grants to EnterpriseOhio	59351
Network campuses based upon each campus's documented performance	59352
according to criteria established by the Board of Regents for	59353
increasing training and related services to businesses,	59354
industries, and public sector organizations.	59355

Of the foregoing appropriation item 235-415, Jobs Challenge,	59356
$2,819,345 in each fiscal year shall be allocated to the Targeted	59357
Industries Training Grant Program to attract, develop, and retain	59358
business and industry strategically important to the state's	59359
economy.	59360

Also, in each fiscal year, $3,758,182 shall be allocated to	59361
the Higher Skills Incentives Program to promote and deliver	59362
coordinated, comprehensive training to local employers and to	59363
reward EnterpriseOhio Network campuses for increasing the amount	59364
of non-credit skill upgrading services provided to Ohio employers	59365
and employees. The funds shall be distributed to campuses in	59366
proportion to each campus's share of noncredit job-related	59367
training revenues received by all campuses for the previous fiscal	59368
year. It is the intent of the General Assembly that this Higher	59369
Skills Incentives component of the Jobs Challenge Program reward	59370
campus noncredit job-related training efforts in the same manner	59371
that the Research Challenge Program rewards campuses for their	59372
ability to obtain sponsored research revenues.	59373

OHIO LEARNING NETWORK

59374

Appropriation item 235-417, Ohio Learning Network, shall be	59375
used by the Board of Regents to support the continued	59376
implementation of the Ohio Learning Network, a statewide	59377
electronic collaborative effort designed to promote degree	59378
completion of students, workforce training of employees, and	59379
professional development through the use of advanced	59380
telecommunications and distance education initiatives.	59381

ACCESS CHALLENGE

59382

In each fiscal year, the foregoing appropriation item	59383
235-418, Access Challenge, shall be distributed to Ohio's	59384
state-assisted access colleges and universities. For the purposes	59385
of this allocation, "access campuses" includes state-assisted	59386
community colleges, state community colleges, technical colleges,	59387
Shawnee State University, Central State University, Cleveland	59388
State University, the regional campuses of state-assisted	59389
universities, and, where they are organizationally distinct and	59390
identifiable, the community-technical colleges located at the	59391
University of Cincinnati, Youngstown State University, and the	59392
University of Akron.	59393

The purpose of Access Challenge is to reduce the student	59394
share of costs for resident undergraduates enrolled in lower	59395
division undergraduate courses at Ohio's access campuses. The	59396
long-term goal is to make the student share of costs for these	59397
students equivalent to the student share of costs for resident	59398
undergraduate students enrolled throughout Ohio's public colleges	59399
and universities. Access Challenge appropriations shall be used in	59400
both years of the biennium to sustain, as much as possible, the	59401
tuition restraint or tuition reduction that was achieved with	59402
Access Challenge allocations in prior years.	59403

In fiscal year 2004, Access Challenge subsidies shall be	59404
distributed by the Board of Regents to eligible access campuses on	59405
the basis of the average of each campus's share of fiscal year	59406
2001 and 2002 all-terms subsidy-eligible General Studies FTEs. In	59407
fiscal year 2005, Access Challenge subsidies shall be distributed	59408
by the Board of Regents to eligible access campuses on the basis	59409
of the average of each campus's share of fiscal year 2002 and 2003	59410
all-terms subsidy-eligible General Studies FTEs.	59411

For the purposes of this calculation, Cleveland State	59412
University's enrollments shall be adjusted by the ratio of the sum	59413
of subsidy-eligible lower-division FTE student enrollments	59414
eligible for access funding to the sum of subsidy-eligible General	59415
Studies FTE student enrollments at Central State University and	59416
Shawnee State University, and for the following universities and	59417
their regional campuses: the Ohio State University, Ohio	59418
University, Kent State University, Bowling Green State University,	59419
Miami University, the University of Cincinnati, the University of	59420
Akron, and Wright State University.	59421

SUCCESS CHALLENGE

59422

The foregoing appropriation item 235-420, Success Challenge,	59423
shall be used by the Board of Regents to promote degree completion	59424
by students enrolled at a main campus of a state-assisted	59425
university.	59426

In each fiscal year, two-thirds of the appropriations shall	59427
be distributed to state-assisted university main campuses in	59428
proportion to each campus's share of the total statewide	59429
bachelor's degrees granted by university main campuses to	59430
"at-risk" students. In fiscal years 2004 and 2005, an "at-risk"	59431
student means any undergraduate student who was eligible to	59432
receive an Ohio Instructional Grant during the past ten years. An	59433
eligible institution shall not receive its share of this	59434
distribution until it has submitted a plan that addresses how the	59435
subsidy will be used to better serve at-risk students and increase	59436
their likelihood of successful completion of a bachelor's degree	59437
program. The Board of Regents shall disseminate to all	59438
state-supported institutions of higher education all such plans	59439
submitted by institutions that received Success Challenge funds.	59440

In each fiscal year, one-third of the appropriations shall be	59441
distributed to university main campuses in proportion to each	59442
campus's share of the total bachelor's degrees granted by	59443
university main campuses to undergraduate students who completed	59444
their bachelor's degrees in a "timely manner" in the previous	59445
fiscal year. For the purposes of this section, "timely manner"	59446
means the normal time it would take for a full-time degree-seeking	59447
undergraduate student to complete the student's degree. Generally,	59448
for such students pursuing a bachelor's degree, "timely manner"	59449
means four years. Exceptions to this general rule shall be	59450
permitted for students enrolled in programs specifically designed	59451
to be completed in a longer time period. The Board of Regents	59452
shall collect data to assess the timely completion statistics by	59453
university main campuses.	59454

APPALACHIAN NEW ECONOMY PARTNERSHIP

59455

The foregoing appropriation item 235-428, Appalachian New	59456
Economy Partnership, shall be distributed to Ohio University to	59457
continue a multi-campus and multi-agency coordinated effort to	59458
link Appalachia to the new economy. Ohio University shall use	59459
these funds to provide leadership in the development and	59460
implementation of initiatives in the areas of entrepreneurship,	59461
management, education, and technology.	59462

EMINENT SCHOLARS

59463

The foregoing appropriation item 235-451, Eminent Scholars,	59464
shall be used by the Ohio Board of Regents to establish an Ohio	59465
Eminent Scholars Program, the purpose of which is to invest	59466
educational resources to address problems that are of vital	59467
statewide significance while fostering the growth in eminence of	59468
Ohio's academic programs. Ohio Eminent Scholars endowed chairs	59469
will allow Ohio universities to recruit senior faculty members	59470
from outside Ohio who are nationally and internationally	59471
recognized scholars in areas of science and technology that	59472
provide the basic research platforms on which our technology and	59473
commercialization efforts are built. Endowment grants of	59474
approximately $750,000 to state colleges and universities and	59475
nonprofit Ohio institutions of higher education holding	59476
certificates of authorization issued under section 1713.02 of the	59477
Revised Code to match endowment gifts from nonstate sources may be	59478
made in accordance with a plan established by the Ohio Board of	59479
Regents. Matching nonstate gifts in science and technology	59480
programs shall be $750,000. The grants shall have as their purpose	59481
attracting and sustaining in Ohio scholar-leaders of national or	59482
international prominence; each will assist in accelerating state	59483
economic growth through research that provides an essential basic	59484
science platform for commercialization efforts. Such	59485
scholar-leaders shall, among their duties, share broadly the	59486
benefits and knowledge unique to their fields of scholarship to	59487
the betterment of Ohio and its people and collaborate with other	59488
state technology programs and program recipients.	59489

RESEARCH CHALLENGE

59490

The foregoing appropriation item 235-454, Research Challenge,	59491
shall be used to enhance the basic research capabilities of public	59492
colleges and universities and accredited Ohio institutions of	59493
higher education holding certificates of authorization issued	59494
pursuant to section 1713.02 of the Revised Code, in order to	59495
strengthen academic research for pursuing Ohio's economic	59496
development goals. The Board of Regents, in consultation with the	59497
colleges and universities, shall administer the Research Challenge	59498
Program and utilize a means of matching, on a fractional basis,	59499
external funds attracted in the previous year by institutions for	59500
basic research. The program may include incentives for increasing	59501
the amount of external research funds coming to eligible	59502
institutions and for focusing research efforts upon critical state	59503
needs. Colleges and universities shall submit for review and	59504
approval to the Board of Regents plans for the institutional	59505
allocation of state dollars received through the program. The	59506
institutional plans shall provide the rationale for the allocation	59507
in terms of the strategic targeting of funds for academic and	59508
state purposes, for strengthening research programs, for	59509
increasing the amount of external research funds, and shall	59510
include an evaluation process to provide results of the increased	59511
support. Each institutional plan for the investment of Research	59512
Challenge moneys shall report on existing, planned, and/or	59513
possible relationships with other State of Ohio science and	59514
technology programs and funding recipients in order to further	59515
ongoing statewide science and technology collaboration objectives.	59516
The Board of Regents shall submit a biennial report of progress to	59517
the General Assembly.	59518

ENTERPRISEOHIO NETWORK

59519

The foregoing appropriation item 235-455, EnterpriseOhio	59520
Network, shall be allocated by the Board of Regents to continue	59521
increasing the capabilities of the EnterpriseOhio Network to meet	59522
the ongoing training needs of Ohio employers. Funds shall support	59523
multicampus collaboration, best practice dissemination, and	59524
capacity building projects. The Regents Advisory Committee for	59525
Workforce Development, in its advisory role, shall advise in the	59526
development of plans and activities.	59527

Of the foregoing appropriation item 235-455, EnterpriseOhio	59528
Network, $181,101 in fiscal year 2004 and $176,334 in fiscal year	59529
2005 shall be used by the Dayton Business/Sinclair College Jobs	59530
Profiling Program.	59531

Section 88.03. AREA HEALTH EDUCATION CENTERS

59532

The foregoing appropriation item 235-474, Area Health	59533
Education Centers Program Support, shall be used by the Board of	59534
Regents to support the medical school regional area health	59535
education centers' educational programs for the continued support	59536
of medical and other health professions education and for support	59537
of the Area Health Education Center Program.	59538

Of the foregoing appropriation item 235-474, Area Health	59539
Education Centers Program Support, $174,135 in fiscal year 2004	59540
and $169,782 in fiscal year 2005 shall be disbursed to the Ohio	59541
University College of Osteopathic Medicine to operate a mobile	59542
health care unit to serve the southeastern area of the state. Of	59543
the foregoing appropriation item 235-474, Area Health Education	59544
Centers Program Support, $130,601 in fiscal year 2004 and $127,337	59545
in fiscal year 2005 shall be used to support the Ohio Valley	59546
Community Health Information Network (OVCHIN) project.	59547

ACCESS IMPROVEMENT PROJECTS

59548

The foregoing appropriation item 235-477, Access Improvement	59549
Projects, shall be used by the Board of Regents to support	59550
innovative statewide strategies to increase student access and	59551
retention for specialized populations, and to provide for pilot	59552
projects that will contribute to improving access to higher	59553
education by specialized populations. The funds may be used for	59554
projects that improve access for nonpublic secondary students.	59555

Of the foregoing appropriation item 235-477, Access	59556
Improvement Projects, $798,684 in fiscal year 2004 and $822,645 in	59557
fiscal year 2005 shall be distributed to the Ohio Appalachian	59558
Center for Higher Education at Shawnee State University. The board	59559
of directors of the center shall consist of the presidents of	59560
Shawnee State University, Ohio University, Belmont Technical	59561
College, Hocking Technical College, Jefferson Community College,	59562
Muskingum Area Technical College, Rio Grande Community College,	59563
Southern State Community College, and Washington State Community	59564
College; the dean of one of the Salem, Tuscarawas, and East	59565
Liverpool regional campuses of Kent State University, as	59566
designated by the president of Kent State University; and a	59567
representative of the Board of Regents designated by the	59568
Chancellor.	59569

Of the foregoing appropriation item 235-477, Access	59570
Improvement Projects, $169,553 in fiscal year 2004 and $174,640 in	59571
fiscal year 2005 shall be distributed to Miami University for the	59572
Student Achievement in Research and Scholarship (STARS) Program.	59573

Section 88.04. STATE SHARE OF INSTRUCTION

59574

As soon as practicable during each fiscal year of the	59575
2003-2005 biennium in accordance with instructions of the Board of	59576
Regents, each state-assisted institution of higher education shall	59577
report its actual enrollment to the Board of Regents.	59578

The Board of Regents shall establish procedures required by	59579
the system of formulas set out below and for the assignment of	59580
individual institutions to categories described in the formulas.	59581
The system of formulas establishes the manner in which aggregate	59582
expenditure requirements shall be determined for each of the three	59583
components of institutional operations. In addition to other	59584
adjustments and calculations described below, the subsidy	59585
entitlement of an institution shall be determined by subtracting	59586
from the institution's aggregate expenditure requirements income	59587
to be derived from the local contributions assumed in calculating	59588
the subsidy entitlements. The local contributions for purposes of	59589
determining subsidy support shall not limit the authority of the	59590
individual boards of trustees to establish fee levels.	59591

The General Studies and Technical models shall be adjusted by	59592
the Board of Regents so that the share of state subsidy earned by	59593
those models is not altered by changes in the overall local share.	59594
A lower-division fee differential shall be used to maintain the	59595
relationship that would have occurred between these models and the	59596
baccalaureate models had an assumed share of 37 per cent been	59597
funded.	59598

In defining the number of full-time equivalent (FTE) students	59599
for state subsidy purposes, the Board of Regents shall exclude all	59600
undergraduate students who are not residents of Ohio, except those	59601
charged in-state fees in accordance with reciprocity agreements	59602
made pursuant to section 3333.17 of the Revised Code or employer	59603
contracts entered into pursuant to section 3333.32 of the Revised	59604
Code. The Board of Regents shall weight the number of FTE students	59605
in the Masters and Professional I, Masters and Professional II,	59606
Masters and Professional III, and MPD I models who are not	59607
residents of Ohio so that the core subsidy entitlement amount per	59608
FTE student who is not a resident of Ohio is 60 per cent of the	59609
core subsidy entitlement amount per FTE student who is a resident	59610
of Ohio.	59611

(A) AGGREGATE EXPENDITURE PER FULL-TIME EQUIVALENT STUDENT

59612

(1) INSTRUCTION AND SUPPORT SERVICES

59613

MODEL	FY 2004	FY 2005	59614
General Studies I	$ 4,947	$ 4,983	59615
General Studies II	$ 5,323	$ 5,336	59616
General Studies III	$ 6,883	$ 7,120	59617
Technical I	$ 5,913	$ 6,137	59618
Technical III	$ 9,522	$ 10,026	59619
Baccalaureate I	$ 7,623	$ 7,721	59620
Baccalaureate II	$ 8,584	$ 8,864	59621
Baccalaureate III	$ 12,559	$ 12,932	59622
Masters and Professional I	$ 15,867	$ 18,000	59623
Masters and Professional II	$ 20,861	$ 22,141	59624
Masters and Professional III	$ 27,376	$ 28,190	59625
Medical I	$ 30,867	$ 31,819	59626
Medical II	$ 41,495	$ 41,960	59627
MPD I	$ 14,938	$ 14,966	59628

(2) STUDENT SERVICES

59629

For this purpose, FTE counts shall be weighted to reflect	59630
differences among institutions in the numbers of students enrolled	59631
on a part-time basis. The student services subsidy per FTE shall	59632
be $822 in fiscal year 2004 and $903 in fiscal year 2005 for all	59633
models.	59634

(B) PLANT OPERATION AND MAINTENANCE (POM)

59635

(1) DETERMINATION OF THE SQUARE-FOOT-BASED POM SUBSIDY

59636

Space undergoing renovation shall be funded at the rate	59637
allowed for storage space.	59638

In the calculation of square footage for each campus, square	59639
footage shall be weighted to reflect differences in space	59640
utilization.	59641

The space inventories for each campus shall be those	59642
determined in the fiscal year 2003 state share of instruction	59643
calculation, adjusted for changes attributable to the construction	59644
or renovation of facilities for which state appropriations were	59645
made or local commitments were made prior to January 1, 1995.	59646

Only 50 per cent of the space permanently taken out of	59647
operation in fiscal year 2004 or fiscal year 2005 that is not	59648
otherwise replaced by a campus shall be deleted from the plant	59649
operation and maintenance space inventory.	59650

The square-foot-based plant operation and maintenance subsidy	59651
for each campus shall be determined as follows:	59652

(a) For each standard room type category shown below, the	59653
subsidy-eligible net assignable square feet (NASF) for each campus	59654
shall be multiplied by the following rates, and the amounts summed	59655
for each campus to determine the total gross square-foot-based POM	59656
expenditure requirement:	59657

	FY 2004	FY 2005	59658
Classrooms	$5.80	$6.04	59659
Laboratories	$7.22	$7.53	59660
Offices	$5.80	$6.04	59661
Audio Visual Data Processing	$7.22	$7.53	59662
Storage	$2.57	$2.68	59663
Circulation	$7.31	$7.62	59664
Other	$5.80	$6.04	59665

(b) The total gross square-foot POM expenditure requirement	59666
shall be allocated to models in proportion to FTE enrollments as	59667
reported in enrollment data for all models except Doctoral I and	59668
Doctoral II.	59669

(c) The amounts allocated to models in division (B)(1)(b) of	59670
this section shall be multiplied by the ratio of subsidy-eligible	59671
FTE students to total FTE students reported in each model, and the	59672
amounts summed for all models. To this total amount shall be added	59673
an amount to support roads and grounds expenditures to produce the	59674
total square-foot-based POM subsidy.	59675

(2) DETERMINATION OF THE ACTIVITY-BASED POM SUBSIDY

59676

(a) The number of subsidy-eligible FTE students in each model	59677
shall be multiplied by the following rates for each campus for	59678
each fiscal year.	59679

	FY 2004	FY 2005	59680
General Studies I	$ 552	$ 560	59681
General Studies II	$ 696	$ 705	59682
General Studies III	$1,608	$1,651	59683
Technical I	$ 777	$ 806	59684
Technical III	$1,501	$1,570	59685
Baccalaureate I	$ 700	$ 706	59686
Baccalaureate II	$1,250	$1,232	59687
Baccalaureate III	$1,520	$1,458	59688
Masters and Professional I	$1,258	$1,301	59689
Masters and Professional II	$2,817	$2,688	59690
Masters and Professional III	$3,832	$3,712	59691
Medical I	$2,663	$2,669	59692
Medical II	$3,837	$4,110	59693
MPD I	$1,213	$1,233	59694

(b) The sum of the products for each campus determined in	59695
division (B)(2)(a) of this section for all models except Doctoral	59696
I and Doctoral II for each fiscal year shall be weighted by a	59697
factor to reflect sponsored research activity and job	59698
training-related public services expenditures to determine the	59699
total activity-based POM subsidy.	59700

59701

(1) CALCULATION OF CORE SUBSIDY ENTITLEMENTS

59702

The calculation of the core subsidy entitlement shall consist	59703
of the following components:	59704

(a) For each campus and for each fiscal year, the core	59705
subsidy entitlement shall be determined by multiplying the amounts	59706
listed above in divisions (A)(1) and (2) and (B)(2) of this	59707
section less assumed local contributions, by (i) average	59708
subsidy-eligible FTEs for the two-year period ending in the prior	59709
year for all models except Doctoral I and Doctoral II; and (ii)	59710
average subsidy-eligible FTEs for the five-year period ending in	59711
the prior year for all models except Doctoral I and Doctoral II.	59712

(b) In calculating the core subsidy entitlements for Medical	59713
II models only, the Board of Regents shall use the following count	59714
of FTE students:	59715

(i) For those medical schools whose current year enrollment,	59716
including students repeating terms, is below the base enrollment,	59717
the Medical II FTE enrollment shall equal: 65 per cent of the base	59718
enrollment plus 35 per cent of the current year enrollment	59719
including students repeating terms, where the base enrollment is:	59720

The Ohio State University	1010	59721
University of Cincinnati	833	59722
Medical College of Ohio at Toledo	650	59723
Wright State University	433	59724
Ohio University	433	59725
Northeastern Ohio Universities College of Medicine	433	59726

(ii) For those medical schools whose current year enrollment,	59727
excluding students repeating terms, is equal to or greater than	59728
the base enrollment, the Medical II FTE enrollment shall equal the	59729
base enrollment plus the FTE for repeating students.	59730

(iii) Students repeating terms may be no more than five per	59731
cent of current year enrollment.	59732

(c) The Board of Regents shall compute the sum of the two	59733
calculations listed in division (C)(1)(a) of this section and use	59734
the greater sum as the core subsidy entitlement.	59735

The POM subsidy for each campus shall equal the greater of	59736
the square-foot-based subsidy or the activity-based POM subsidy	59737
component of the core subsidy entitlement.	59738

(d) If the total core subsidy entitlement in any model in any	59739
fiscal year exceeds any of the limits specified below, the Board	59740
of Regents shall proportionately reduce the core subsidy	59741
entitlement for that model for all campuses by a uniform	59742
percentage so that the system-wide sum equals the limit specified	59743
below.	59744

(i) The total core subsidy entitlement for all campuses in	59745
Masters and Professional I shall not exceed $12,314,541 in fiscal	59746
year 2004 and $12,403,616 in fiscal year 2005.	59747

(ii) The total core subsidy entitlement for all campuses in	59748
Masters and Professional II shall not exceed $102,962,506 in	59749
fiscal year 2004 and $104,452,878 in fiscal year 2005.	59750

(iii) The total core subsidy entitlement for all campuses in	59751
Masters and Professional III shall not exceed $59,789,439 in	59752
fiscal year 2004 and $61,010,994 in fiscal year 2005.	59753

(iv) The total core subsidy entitlement for all campuses in	59754
Medical I shall not exceed $26,742,980 in fiscal year 2004 and	59755
$26,742,980 in fiscal year 2005.	59756

(v) The total core subsidy entitlement for all campuses in	59757
Medical II shall not exceed $98,315,046 in fiscal year 2004 and	59758
$99,350,111 in fiscal year 2005.	59759

(vi) The total core subsidy entitlement for all campuses in	59760
MPD I shall not exceed $43,976,008 in fiscal year 2004 and	59761
$39,109,755 in fiscal year 2005.	59762

(e) The state share of instruction provided for doctoral	59763
students shall be not more than $96,932,984 in fiscal year 2004	59764
and $50,405,152 in fiscal year 2005.	59765

The amount so reserved shall be allocated to universities in	59766
proportion to their share of the total number of Doctoral I	59767
equivalent FTEs as calculated on an institutional basis using the	59768
greater of the two-year or five-year FTEs for the period fiscal	59769
year 1994 through fiscal year 1998 with annualized FTEs for fiscal	59770
years 1994 through 1997 and all-term FTEs for fiscal year 1998 as	59771
adjusted to reflect the effects of doctoral review and subsequent	59772
changes in Doctoral I equivalent enrollments. For the purposes of	59773
this calculation, Doctoral I equivalent FTEs shall equal the sum	59774
of Doctoral I FTEs plus 1.5 times the sum of Doctoral II FTEs.	59775

(2) CAPITAL COMPONENT DEDUCTION

59776

After all other adjustments have been made, state share of	59777
instruction earnings shall be reduced for each campus by the	59778
amount, if any, by which debt service charged in Am. H.B. No. 748	59779
of the 121st General Assembly, Am. Sub. H.B. No. 850 of the 122nd	59780
General Assembly, Am. H.B. No. 640 of the 123rd General Assembly,	59781
and H.B. No. 675 of the 124th General Assembly for that campus	59782
exceeds that campus's capital component earnings.	59783

(D) REDUCTIONS IN EARNINGS

59784

If the total state share of instruction earnings in any	59785
fiscal year exceed the total appropriations available for such	59786
purposes, the Board of Regents shall proportionately reduce the	59787
state share of instruction earnings for all campuses by a uniform	59788
percentage so that the system wide sum equals available	59789
appropriations.	59790

(E) EXCEPTIONAL CIRCUMSTANCES

59791

Except for the limits specified in division (C)(1)(d) of this	59792
section, adjustments may be made to the state share of instruction	59793
payments and other subsidies distributed by the Board of Regents	59794
to state-assisted colleges and universities for exceptional	59795
circumstances. No adjustments for exceptional circumstances may be	59796
made without the recommendation of the Chancellor and the approval	59797
of the Controlling Board.	59798

(F) MID-YEAR APPROPRIATION REDUCTIONS TO THE STATE SHARE OF	59799
INSTRUCTION	59800

The standard provisions of the state share of instruction	59801
calculation as described in the preceding sections of temporary	59802
law shall apply to any reductions made to appropriation line item	59803
235-501, State Share of Instruction, before the Board of Regents	59804
has formally approved the final allocation of the state share of	59805
instruction funds for any fiscal year.	59806

Any reductions made to appropriation line item 235-501, State	59807
Share of Instruction, after the Board of Regents has formally	59808
approved the final allocation of the state share of instruction	59809
funds for any fiscal year, shall be uniformly applied to each	59810
campus in proportion to its share of the final allocation.	59811

(G) DISTRIBUTION OF STATE SHARE OF INSTRUCTION

59812

The state share of instruction payments to the institutions	59813
shall be in substantially equal monthly amounts during the fiscal	59814
year, unless otherwise determined by the Director of Budget and	59815
Management pursuant to section 126.09 of the Revised Code.	59816
Payments during the first six months of the fiscal year shall be	59817
based upon the state share of instruction appropriation estimates	59818
made for the various institutions of higher education according to	59819
Board of Regents enrollment estimates. Payments during the last	59820
six months of the fiscal year shall be distributed after approval	59821
of the Controlling Board upon the request of the Board of Regents.	59822

(H) LAW SCHOOL SUBSIDY

59823

The state share of instruction to state-supported	59824
universities for students enrolled in law schools in fiscal year	59825
2004 and fiscal year 2005 shall be calculated by using the number	59826
of subsidy-eligible FTE law school students funded by state	59827
subsidy in fiscal year 1995 or the actual number of	59828
subsidy-eligible FTE law school students at the institution in the	59829
fiscal year, whichever is less.	59830

Section 88.05. HIGHER EDUCATION - BOARD OF TRUSTEES

59831

Funds appropriated for instructional subsidies at colleges	59832
and universities may be used to provide such branch or other	59833
off-campus undergraduate courses of study and such master's degree	59834
courses of study as may be approved by the Board of Regents.	59835

In providing instructional and other services to students,	59836
boards of trustees of state-assisted institutions of higher	59837
education shall supplement state subsidies by income from charges	59838
to students. Each board shall establish the fees to be charged to	59839
all students, including an instructional fee for educational and	59840
associated operational support of the institution and a general	59841
fee for noninstructional services, including locally financed	59842
student services facilities used for the benefit of enrolled	59843
students. The instructional fee and the general fee shall	59844
encompass all charges for services assessed uniformly to all	59845
enrolled students. Each board may also establish special purpose	59846
fees, service charges, and fines as required; such special purpose	59847
fees and service charges shall be for services or benefits	59848
furnished individual students or specific categories of students	59849
and shall not be applied uniformly to all enrolled students.	59850
Except for the board of trustees of Miami University in	59851
implementing the pilot tuition restructuring plan recognized by	59852
this section, a tuition surcharge shall be paid by all students	59853
who are not residents of Ohio.	59854

The boards of trustees of individual state-assisted	59855
universities, university branch campuses, community colleges,	59856
state community colleges, and technical colleges shall limit	59857
in-state undergraduate instructional and general fee increases for	59858
an academic year over the amounts charged in the prior academic	59859
year to no more than six per cent. In addition to the six per cent	59860
main campus in-state undergraduate instructional and general fee	59861
increase limit established in this section, the Board of Trustees	59862
of The Ohio State University may authorize an additional	59863
university main campus in-state undergraduate instructional and	59864
general fee increase of three per cent for academic years	59865
2003-2004 and 2004-2005. The Board of Trustees of The Ohio State	59866
University and individual state-assisted universities, university	59867
branch campuses, community colleges, state community colleges, and	59868
technical colleges with instructional and general fees below the	59869
average for their respective sector, may charge an additional fee	59870
of $300 to in-coming students. The boards of trustees of	59871
individual state-assisted universities, university branch	59872
campuses, community colleges, state community colleges, and	59873
technical colleges shall not authorize combined instructional and	59874
general fee increases of more than six per cent in a single vote.	59875
These fee increase limitations apply even if an institutional	59876
board of trustees has, prior to the effective date of this	59877
section, voted to assess a higher fee for the 2003-2004 academic	59878
year. These limitations shall not apply to increases required to	59879
comply with institutional covenants related to their obligations	59880
or to meet unfunded legal mandates or legally binding obligations	59881
incurred or commitments made prior to the effective date of this	59882
act with respect to which the institution had identified such fee	59883
increases as the source of funds. Any increase required by such	59884
covenants and any such mandates, obligations, or commitments shall	59885
be reported by the Board of Regents to the Controlling Board.	59886
These limitations may also be modified by the Board of Regents,	59887
with the approval of the Controlling Board, to respond to	59888
exceptional circumstances as identified by the Board of Regents.	59889

The boards of trustees of individual state-assisted	59890
universities, university branch campuses, community colleges,	59891
state community colleges, and technical colleges shall place	59892
moratoriums during fiscal years 2004 and 2005 on the creation,	59893
acquisition, and expansion of academic programs, capital projects,	59894
real estate, and student centers unless specified in legislation	59895
enacted prior to July 1, 2003, except for requests meeting the	59896
review and approval of the Third Frontier Commission. The Third	59897
Frontier Commission shall review only those requests that seek to	59898
establish or enhance the research and development position of the	59899
state or a region of the state. Any such requests approved by the	59900
Third Frontier Commission shall require the review and approval of	59901
the Controlling Board. Notwithstanding anything to the contrary in	59902
this paragraph, the board of trustees of a state-assisted	59903
university, university branch campus, community college, state	59904
community college, or technical college may seek approval by the	59905
Controlling Board for an action not otherwise permitted by this	59906
paragraph for exceptional circumstances.	59907

State-assisted universities, university branch campuses,	59908
community colleges, state community colleges, and technical	59909
colleges shall not seek the appropriation of funds for, or	59910
transfer or seek approval to transfer funds to, any project not	59911
specified in Am. Sub. H.B. 850 of the 122nd General Assembly, Am.	59912
Sub. H.B. 640 of the 123rd General Assembly, Am. Sub. H.B. 675 of	59913
the 124th General Assembly, or any other act enacted after June	59914
30, 1998. Notwithstanding anything to the contrary in this	59915
paragraph, the board of trustees of a state-assisted university,	59916
university branch campus, community college, state community	59917
college, or technical college may seek approval by the Controlling	59918
Board for an action not otherwise permitted by this paragraph for	59919
exceptional circumstances.	59920

The board of trustees of a state-assisted institution of	59921
higher education shall not authorize a waiver or nonpayment of	59922
instructional fees or general fees for any particular student or	59923
any class of students other than waivers specifically authorized	59924
by law or approved by the Chancellor. This prohibition is not	59925
intended to limit the authority of boards of trustees to provide	59926
for payments to students for services rendered the institution,	59927
nor to prohibit the budgeting of income for staff benefits or for	59928
student assistance in the form of payment of such instructional	59929
and general fees. This prohibition is not intended to limit the	59930
authority of the board of trustees of Miami University in	59931
providing financial assistance to students in implementing the	59932
pilot tuition restructuring plan recognized by this section.	59933

Except for Miami University in implementing the pilot tuition	59934
restructuring plan recognized by this section, each state-assisted	59935
institution of higher education in its statement of charges to	59936
students shall separately identify the instructional fee, the	59937
general fee, the tuition charge, and the tuition surcharge. Fee	59938
charges to students for instruction shall not be considered to be	59939
a price of service but shall be considered to be an integral part	59940
of the state government financing program in support of higher	59941
educational opportunity for students.	59942

In providing the appropriations in support of instructional	59943
services at state-assisted institutions of higher education and	59944
the appropriations for other instruction it is the intent of the	59945
General Assembly that faculty members shall devote a proper and	59946
judicious part of their work week to the actual instruction of	59947
students. Total class credit hours of production per quarter per	59948
full-time faculty member is expected to meet the standards set	59949
forth in the budget data submitted by the Board of Regents.	59950

The authority of government vested by law in the boards of	59951
trustees of state-assisted institutions of higher education shall	59952
in fact be exercised by those boards. Boards of trustees may	59953
consult extensively with appropriate student and faculty groups.	59954
Administrative decisions about the utilization of available	59955
resources, about organizational structure, about disciplinary	59956
procedure, about the operation and staffing of all auxiliary	59957
facilities, and about administrative personnel shall be the	59958
exclusive prerogative of boards of trustees. Any delegation of	59959
authority by a board of trustees in other areas of responsibility	59960
shall be accompanied by appropriate standards of guidance	59961
concerning expected objectives in the exercise of such delegated	59962
authority and shall be accompanied by periodic review of the	59963
exercise of this delegated authority to the end that the public	59964
interest, in contrast to any institutional or special interest,	59965
shall be served.	59966

The General Assembly recognizes the pilot tuition	59967
restructuring plan of the board of trustees of Miami University	59968
for undergraduate students enrolled at the Oxford campus. The	59969
purpose of this plan is to make higher education more affordable	59970
for moderate income Ohioans, encourage high-achieving Ohio	59971
students to stay in Ohio rather than attending colleges in other	59972
states, and provide incentives for Ohio students to major in areas	59973
crucial to Ohio's priorities and future economic development.	59974

Notwithstanding any limit on in-state undergraduate	59975
instructional and general fees imposed by this act, the General	59976
Assembly recognizes that the plan will provide that all	59977
undergraduate students enrolled at the Oxford campus will be	59978
charged combined instructional and general fees in an amount equal	59979
to the nonresident instructional and general fees and tuition	59980
surcharge. For both resident student first enrolling on or after	59981
the summer term of 2003 and resident students who enrolled prior	59982
to this date, any increases in fees approved thereafter by the	59983
board of trustees are subject to any instructional and general fee	59984
caps imposed by the General Assembly.	59985

The General Assembly recognizes that the plan provides that	59986
all students who are residents of Ohio will receive student	59987
financial assistance in an amount to be determined by the	59988
University.	59989

The General Assembly recognizes that the plan provides that,	59990
for any resident student who enrolls at the Miami University	59991
Oxford campus prior to August 2004, the plan will have no direct	59992
financial impact except for paper changes on invoices so that such	59993
a student would only pay instructional and general fees in an	59994
amount equivalent to what the student was charged in the preceding	59995
year in addition to any increases in fees approved by the board of	59996
trustees.	59997

Section 88.06. STUDENT SUPPORT SERVICES

59998

The foregoing appropriation item 235-502, Student Support	59999
Services, shall be distributed by the Board of Regents to Ohio's	60000
state-assisted colleges and universities that incur	60001
disproportionate costs in the provision of support services to	60002
disabled students.	60003

OHIO INSTRUCTIONAL GRANTS

60004

Notwithstanding section 3333.12 of the Revised Code, in lieu	60005
of the tables in that section, instructional grants for all	60006
full-time students shall be made for fiscal year 2004 using the	60007
tables under this heading.	60008

The tables under this heading prescribe the maximum grant	60009
amounts covering two semesters, three quarters, or a comparable	60010
portion of one academic year. The grant amount for a full-time	60011
student enrolled in an eligible institution for a semester or	60012
quarter in addition to the portion of the academic year covered by	60013
a grant determined under these tables shall be a percentage of the	60014
maximum prescribed in the applicable table. The maximum grant for	60015
a fourth quarter shall be one-third of the maximum amount	60016
prescribed under the table. The maximum grant for a third semester	60017
shall be one-half of the maximum amount prescribed under the	60018
table.	60019

For a full-time student who is a dependent and enrolled in a	60020
nonprofit educational institution that is not a state-assisted	60021
institution and that has a certificate of authorization issued	60022
pursuant to Chapter 1713. of the Revised Code, the amount of the	60023
instructional grant for two semesters, three quarters, or a	60024
comparable portion of the academic year shall be determined in	60025
accordance with the following table:	60026

Private Institution

60027

Table of Grants

60028

	Maximum Grant $5,466		60029
Gross Income	Number of Dependents		60030

5 or more

60031

$0 - $15,000	$5,466	$5,466	$5,466	$5,466	$5,466	60032
$15,001 - $16,000	4,920	5,466	5,466	5,466	5,466	60033
$16,001 - $17,000	4,362	4,920	5,466	5,466	5,466	60034
$17,001 - $18,000	3,828	4,362	4,920	5,466	5,466	60035
$18,001 - $19,000	3,288	3,828	4,362	4,920	5,466	60036
$19,001 - $22,000	2,736	3,288	3,828	4,362	4,920	60037
$22,001 - $25,000	2,178	2,736	3,288	3,828	4,362	60038
$25,001 - $28,000	1,626	2,178	2,736	3,288	3,828	60039
$28,001 - $31,000	1,344	1,626	2,178	2,736	3,288	60040
$31,001 - $32,000	1,080	1,344	1,626	2,178	2,736	60041
$32,001 - $33,000	984	1,080	1,344	1,626	2,178	60042
$33,001 - $34,000	888	984	1,080	1,344	1,626	60043
$34,001 - $35,000	444	888	984	1,080	1,344	60044
$35,001 - $36,000	--	444	888	984	1,080	60045
$36,001 - $37,000	--	--	444	888	984	60046
$37,001 - $38,000	--	--	--	444	888	60047
$38,001 - $39,000	--	--	--	--	444	60048

For a full-time student who is financially independent and	60049
enrolled in a nonprofit educational institution that is not a	60050
state-assisted institution and that has a certificate of	60051
authorization issued pursuant to Chapter 1713. of the Revised	60052
Code, the amount of the instructional grant for two semesters,	60053
three quarters, or a comparable portion of the academic year shall	60054
be determined in accordance with the following table:	60055

Private Institution

60056

Table of Grants

60057

	Maximum Grant $5,466		60058
Gross Income	Number of Dependents		60059

5 or more

60060

Under $4,800	$5,466	$5,466	$5,466	$5,466	$5,466	$5,466	60061
$4,801 - $5,300	4,920	5,466	5,466	5,466	5,466	5,466	60062
$5,301 - $5,800	4,362	5,028	5,466	5,466	5,466	5,466	60063
$5,801 - $6,300	3,828	4,584	5,028	5,466	5,466	5,466	60064
$6,301 - $6,800	3,288	4,158	4,584	5,028	5,466	5,466	60065
$6,801 - $7,300	2,736	3,726	4,158	4,584	5,028	5,466	60066
$7,301 - $8,300	2,178	3,282	3,726	4,158	4,584	5,028	60067
$8,301 - $9,300	1,626	2,838	3,282	3,726	4,158	4,584	60068
$9,301 - $10,300	1,344	2,394	2,838	3,282	3,726	4,158	60069
$10,301 - $11,800	1,080	2,166	2,394	2,838	3,282	3,726	60070
$11,801 - $13,300	984	1,956	2,166	2,394	2,838	3,282	60071
$13,301 - $14,800	888	1,878	1,956	2,166	2,394	2,838	60072
$14,801 - $16,300	444	1,692	1,878	1,956	2,166	2,394	60073
$16,301 - $19,300	--	1,122	1,584	1,770	1,956	2,166	60074
$19,301 - $22,300	--	546	1,014	1,476	1,662	1,848	60075
$22,301 - $25,300	--	438	546	1,014	1,476	1,662	60076
$25,301 - $30,300	--	324	438	546	1,014	1,476	60077
$30,301 - $35,300	--	198	216	270	324	792	60078

For a full-time student who is a dependent and enrolled in an	60079
educational institution that holds a certificate of registration	60080
from the state board of career colleges and schools or a private	60081
institution exempt from regulation under Chapter 3332. of the	60082
Revised Code as prescribed in section 3333.046 of the Revised	60083
Code, the amount of the instructional grant for two semesters,	60084
three quarters, or a comparable portion of the academic year shall	60085
be determined in accordance with the following table:	60086

Career Institution

60087

Table of Grants

60088

	Maximum Grant $4,632		60089
Gross Income	Number of Dependents		60090

5 or more

60091

$0 - $15,000	$4,632	$4,632	$4,632	$4,632	$4,632	60092
$15,001 - $16,000	4,182	4,632	4,632	4,632	4,632	60093
$16,001 - $17,000	3,684	4,182	4,632	4,632	4,632	60094
$17,001 - $18,000	3,222	3,684	4,182	4,632	4,632	60095
$18,001 - $19,000	2,790	3,222	3,684	4,182	4,632	60096
$19,001 - $22,000	2,292	2,790	3,222	3,684	4,182	60097
$22,001 - $25,000	1,854	2,292	2,790	3,222	3,684	60098
$25,001 - $28,000	1,416	1,854	2,292	2,790	3,222	60099
$28,001 - $31,000	1,134	1,416	1,854	2,292	2,790	60100
$31,001 - $32,000	906	1,134	1,416	1,854	2,292	60101
$32,001 - $33,000	852	906	1,134	1,416	1,854	60102
$33,001 - $34,000	750	852	906	1,134	1,416	60103
$34,001 - $35,000	372	750	852	906	1,134	60104
$35,001 - $36,000	--	372	750	852	906	60105
$36,001 - $37,000	--	--	372	750	852	60106
$37,001 - $38,000	--	--	--	372	750	60107
$38,001 - $39,000	--	--	--	--	372	60108

For a full-time student who is financially independent and	60109
enrolled in an educational institution that holds a certificate of	60110
registration from the state board of career colleges and schools	60111
or a private institution exempt from regulation under Chapter	60112
3332. of the Revised Code as prescribed in section 3333.046 of the	60113
Revised Code, the amount of the instructional grant for two	60114
semesters, three quarters, or a comparable portion of the academic	60115
year shall be determined in accordance with the following table:	60116

Career Institution

60117

Table of Grants

60118

	Maximum Grant $4,632		60119
Gross Income	Number of Dependents		60120

5 or more

60121

Under $4,800	$4,632	$4,632	$4,632	$4,632	$4,632	$4,632	60122
$4,801 - $5,300	4,182	4,632	4,632	4,632	4,632	4,632	60123
$5,301 - $5,800	3,684	4,272	4,632	4,632	4,632	4,632	60124
$5,801 - $6,300	3,222	3,876	4,272	4,632	4,632	4,632	60125
$6,301 - $6,800	2,790	3,504	3,876	4,272	4,632	4,632	60126
$6,801 - $7,300	2,292	3,156	3,504	3,876	4,272	4,632	60127
$7,301 - $8,300	1,854	2,760	3,156	3,504	3,876	4,272	60128
$8,301 - $9,300	1,416	2,412	2,760	3,156	3,504	3,876	60129
$9,301 - $10,300	1,134	2,058	2,412	2,760	3,156	3,504	60130
$10,301 - $11,800	906	1,836	2,058	2,412	2,760	3,156	60131
$11,801 - $13,300	852	1,650	1,836	2,058	2,412	2,760	60132
$13,301 - $14,800	750	1,608	1,650	1,836	2,058	2,412	60133
$14,801 - $16,300	372	1,434	1,608	1,650	1,836	2,058	60134
$16,301 - $19,300	--	942	1,338	1,518	1,650	1,836	60135
$19,301 - $22,300	--	456	858	1,242	1,416	1,560	60136
$22,301 - $25,300	--	372	456	858	1,242	1,416	60137
$25,301 - $30,300	--	282	372	456	858	1,242	60138
$30,301 - $35,300	--	168	180	228	282	666	60139

For a full-time student who is a dependent and enrolled in a	60140
state-assisted educational institution, the amount of the	60141
instructional grant for two semesters, three quarters, or a	60142
comparable portion of the academic year shall be determined in	60143
accordance with the following table:	60144

Public Institution

60145

Table of Grants

60146

	Maximum Grant $2,190		60147
Gross Income	Number of Dependents		60148

5 or more

60149

$0 - $15,000	$2,190	$2,190	$2,190	$2,190	$2,190	60150
$15,001 - $16,000	1,974	2,190	2,190	2,190	2,190	60151
$16,001 - $17,000	1,740	1,974	2,190	2,190	2,190	60152
$17,001 - $18,000	1,542	1,740	1,974	2,190	2,190	60153
$18,001 - $19,000	1,320	1,542	1,740	1,974	2,190	60154
$19,001 - $22,000	1,080	1,320	1,542	1,740	1,974	60155
$22,001 - $25,000	864	1,080	1,320	1,542	1,740	60156
$25,001 - $28,000	648	864	1,080	1,320	1,542	60157
$28,001 - $31,000	522	648	864	1,080	1,320	60158
$31,001 - $32,000	420	522	648	864	1,080	60159
$32,001 - $33,000	384	420	522	648	864	60160
$33,001 - $34,000	354	384	420	522	648	60161
$34,001 - $35,000	174	354	384	420	522	60162
$35,001 - $36,000	--	174	354	384	420	60163
$36,001 - $37,000	--	--	174	354	384	60164
$37,001 - $38,000	--	--	--	174	354	60165
$38,001 - $39,000	--	--	--	--	174	60166

For a full-time student who is financially independent and	60167
enrolled in a state-assisted educational institution, the amount	60168
of the instructional grant for two semesters, three quarters, or a	60169
comparable portion of the academic year shall be determined in	60170
accordance with the following table:	60171

Public Institution

60172

Table of Grants

60173

	Maximum Grant $2,190		60174
Gross Income	Number of Dependents		60175

5 or more

60176

Under $4,800	$2,190	$2,190	$2,190	$2,190	$2,190	$2,190	60177
$4,801 - $5,300	1,974	2,190	2,190	2,190	2,190	2,190	60178
$5,301 - $5,800	1,740	2,016	2,190	2,190	2,190	2,190	60179
$5,801 - $6,300	1,542	1,830	2,016	2,190	2,190	2,190	60180
$6,301 - $6,800	1,320	1,674	1,830	2,016	2,190	2,190	60181
$6,801 - $7,300	1,080	1,494	1,674	1,830	2,016	2,190	60182
$7,301 - $8,300	864	1,302	1,494	1,674	1,830	2,016	60183
$8,301 - $9,300	648	1,128	1,302	1,494	1,674	1,830	60184
$9,301 - $10,300	522	954	1,128	1,302	1,494	1,674	60185
$10,301 - $11,800	420	858	954	1,128	1,302	1,494	60186
$11,801 - $13,300	384	774	858	954	1,128	1,302	60187
$13,301 - $14,800	354	744	774	858	954	1,128	60188
$14,801 - $16,300	174	678	744	774	858	954	60189
$16,301 - $19,300	--	450	630	702	774	858	60190
$19,301 - $22,300	--	216	402	594	654	732	60191
$22,301 - $25,300	--	174	216	402	594	654	60192
$25,301 - $30,300	--	132	174	216	402	594	60193
$30,301 - $35,300	--	78	84	102	132	312	60194

The foregoing appropriation item 235-503, Ohio Instructional	60195
Grants, shall be used to make the payments authorized by division	60196
(C) of section 3333.26 of the Revised Code to the institutions	60197
described in that division. In addition, this appropriation shall	60198
be used to reimburse the institutions described in division (B) of	60199
section 3333.26 of the Revised Code for the cost of the waivers	60200
required by that division.	60201

The unencumbered balance of appropriation item 235-503, Ohio	60202
Instructional Grants, at the end of fiscal year 2004 shall be	60203
transferred to fiscal year 2005 for use under the same	60204
appropriation item. The amounts transferred are hereby	60205
appropriated.	60206

WAR ORPHANS SCHOLARSHIPS

60207

The foregoing appropriation item 235-504, War Orphans	60208
Scholarships, shall be used to reimburse state-assisted	60209
institutions of higher education for waivers of instructional fees	60210
and general fees provided by them, to provide grants to	60211
institutions that have received a certificate of authorization	60212
from the Ohio Board of Regents under Chapter 1713. of the Revised	60213
Code, in accordance with the provisions of section 5910.04 of the	60214
Revised Code, and to fund additional scholarship benefits provided	60215
by section 5910.032 of the Revised Code.	60216

Section 88.07. AIR FORCE INSTITUTE OF TECHNOLOGY

60217

The foregoing appropriation item 235-508, Air Force Institute	60218
of Technology, shall be used to strengthen the research and	60219
educational linkages between the Wright Patterson Air Force Base	60220
and institutions of higher education in Ohio. Of the foregoing	60221
appropriation item 235-508, Air Force Institute of Technology,	60222
$1,741,350 in fiscal year 2004 and $1,697,816 in fiscal year 2005	60223
shall be used for research projects that connect the Air Force	60224
Research Laboratories with university partners. The institute	60225
shall provide annual reports to the Third Frontier Commission,	60226
that discuss existing, planned, or possible collaborations between	60227
programs and funding recipients related to technology, research	60228
development, commercialization, and support for Ohio's economic	60229
development.	60230

Of the foregoing appropriation item 235-508, Air Force	60231
Institute of Technology, $500,000 in each fiscal year shall be	60232
used to match federal dollars to support the Wright Brothers	60233
Institute. Funds shall be used by the Wright Brothers Institute to	60234
create or expand Ohio-based technology and commercial development	60235
collaborations between industry, academia, and government in areas	60236
which include carbon nano-tube materials technology, genome-based	60237
biotechnology, knowledge-creation information technology,	60238
cognitive systems modeling and engineering, or other related	60239
projects as deemed appropriate by the institute.	60240

OHIO SUPERCOMPUTER CENTER

60241

The foregoing appropriation item 235-510, Ohio Supercomputer	60242
Center, shall be used by the Board of Regents to support the	60243
operation of the center, located at The Ohio State University, as	60244
a statewide resource available to Ohio research universities both	60245
public and private. It is also intended that the center be made	60246
accessible to private industry as appropriate. Policies of the	60247
center shall be established by a governance committee,	60248
representative of Ohio's research universities and private	60249
industry, to be appointed by the Chancellor of the Board of	60250
Regents and established for this purpose.	60251

The Ohio Supercomputer Center shall report on expanding	60252
solutions-oriented, computational science services to industrial	60253
and other customers, including alignment programs and recipients,	60254
and develop a plan for a computational science initiative in	60255
collaboration with the Wright Centers of Innovation program and	60256
the Computer Science Graduate Studies Program.	60257

COOPERATIVE EXTENSION SERVICE

60258

The foregoing appropriation item 235-511, Cooperative	60259
Extension Service, shall be disbursed through the Board of Regents	60260
to The Ohio State University in monthly payments, unless otherwise	60261
determined by the Director of Budget and Management pursuant to	60262
section 126.09 of the Revised Code.	60263

Of the foregoing appropriation item 235-511, Cooperative	60264
Extension Service, $182,842 in fiscal year 2004 and $178,271 in	60265
fiscal year 2005 shall be used for additional staffing for county	60266
agents for expanded 4-H activities. Of the foregoing appropriation	60267
item 235-511, Cooperative Extension Service, $182,842 in fiscal	60268
year 2004 and $178,271 in fiscal year 2005 shall be used by the	60269
Cooperative Extension Service, through the Enterprise Center for	60270
Economic Development in cooperation with other agencies, for a	60271
public-private effort to create and operate a small business	60272
economic development program to enhance the development of	60273
alternatives to the growing of tobacco, and implement, through	60274
applied research and demonstration, the production and marketing	60275
of other high-value crops and value-added products. Of the	60276
foregoing appropriation item 235-511, Cooperative Extension	60277
Service, $56,594 in fiscal year 2004 and $55,179 in fiscal year	60278
2005 shall be used for farm labor mediation and education	60279
programs. Of the foregoing appropriation item 235-511, Cooperative	60280
Extension Service, $187,195 in fiscal year 2004 and $182,515 in	60281
fiscal year 2005 shall be used to support the Ohio State	60282
University Marion Enterprise Center.	60283

Of the foregoing appropriation item 235-511, Cooperative	60284
Extension Service, $792,750 in fiscal year 2004 and $772,931 in	60285
fiscal year 2005 shall be used to support the Ohio Watersheds	60286
Initiative.	60287

CENTRAL STATE SUPPLEMENT

60288

The foregoing appropriation item 235-514, Central State	60289
Supplement, shall be used by Central State University to keep	60290
undergraduate fees below the statewide average, consistent with	60291
its mission of service to many first-generation college students	60292
from groups historically underrepresented in higher education and	60293
from families with limited incomes.	60294

PERFORMANCE STANDARDS FOR MEDICAL EDUCATION

60295

The Board of Regents, in consultation with the state-assisted	60296
medical colleges, shall develop performance standards for medical	60297
education. Special emphasis in the standards shall be placed on	60298
attempting to ensure that at least 50 per cent of the aggregate	60299
number of students enrolled in state-assisted medical colleges	60300
continue to enter residency as primary care physicians. Primary	60301
care physicians are general family practice physicians, general	60302
internal medicine practitioners, and general pediatric care	60303
physicians. The Board of Regents shall monitor medical school	60304
performance in relation to their plans for reaching the 50 per	60305
cent systemwide standard for primary care physicians.	60306

Section 88.08. CASE WESTERN RESERVE UNIVERSITY SCHOOL OF	60307
MEDICINE	60308

The foregoing appropriation item 235-515, Case Western	60309
Reserve University School of Medicine, shall be disbursed to Case	60310
Western Reserve University through the Board of Regents in	60311
accordance with agreements entered into as provided for by section	60312
3333.10 of the Revised Code, provided that the state support per	60313
full-time medical student shall not exceed that provided to	60314
full-time medical students at state universities.	60315

STATE UNIVERSITY CLINICAL TEACHING

60316

The foregoing appropriation items 235-536, The Ohio State	60317
University Clinical Teaching; 235-537, University of Cincinnati	60318
Clinical Teaching; 235-538, Medical College of Ohio at Toledo	60319
Clinical Teaching; 235-539, Wright State University Clinical	60320
Teaching; 235-540, Ohio University Clinical Teaching; and 235-543,	60321
Northeastern Ohio Universities College of Medicine Clinical	60322
Teaching, shall be distributed through the Board of Regents.	60323

Of the foregoing appropriation item 235-539, Wright State	60324
University Clinical Teaching, $124,644 in each fiscal year of the	60325
biennium shall be for the use of Wright State University's Ellis	60326
Institute for Clinical Teaching Studies to operate the clinical	60327
facility to serve the Greater Dayton area.	60328

FAMILY PRACTICE, GERIATRIC MEDICINE, AND PRIMARY CARE	60329
RESIDENCIES	60330

The Board of Regents shall develop plans consistent with	60331
existing criteria and guidelines as may be required for the	60332
distribution of appropriation items 235-519, Family Practice,	60333
235-525, Geriatric Medicine, and 235-526, Primary Care	60334
Residencies.	60335

SHAWNEE STATE SUPPLEMENT

60336

The foregoing appropriation item 235-520, Shawnee State	60337
Supplement, shall be used by Shawnee State University as detailed	60338
by both of the following:	60339

(A) To allow Shawnee State University to keep its	60340
undergraduate fees below the statewide average, consistent with	60341
its mission of service to an economically depressed Appalachian	60342
region;	60343

(B) To allow Shawnee State University to employ new faculty	60344
to develop and teach in new degree programs that meet the needs of	60345
Appalachians.	60346

POLICE AND FIRE PROTECTION

60347

The foregoing appropriation item 235-524, Police and Fire	60348
Protection, shall be used for police and fire services in the	60349
municipalities of Kent, Athens, Oxford, Fairborn, Bowling Green,	60350
Portsmouth, Xenia Township (Greene County), Rootstown Township,	60351
and the City of Nelsonville, that may be used to assist these	60352
local governments in providing police and fire protection for the	60353
central campus of the state-affiliated university located therein.	60354
Each participating municipality and township shall receive at	60355
least $5,000 each year. Funds shall be distributed according to	60356
the methodology employed by the Board of Regents in the previous	60357
biennium.	60358

PRIMARY CARE RESIDENCIES

60359

The foregoing appropriation item 235-526, Primary Care	60360
Residencies, shall be distributed in each fiscal year of the	60361
biennium, based on whether or not the institution has submitted	60362
and gained approval for a plan. If the institution does not have	60363
an approved plan, it shall receive five per cent less funding per	60364
student than it would have received from its annual allocation.	60365
The remaining funding shall be distributed among those	60366
institutions that meet or exceed their targets.	60367

OHIO AEROSPACE INSTITUTE

60368

The foregoing appropriation item 235-527, Ohio Aerospace	60369
Institute, shall be distributed by the Board of Regents under	60370
section 3333.042 of the Revised Code. The Board of Regents, in	60371
conjunction with the Third Frontier Commission, shall review the	60372
progress of the Ohio Aerospace Institute's efforts in the context	60373
of the original mission to support academic research and education	60374
in aerospace engineering. These findings will be used to determine	60375
whether or not the institute shall continue to receive state	60376
funding. If a determination is made to discontinue state support	60377
for the Ohio Aerospace Institute through this appropriation item,	60378
the Board of Regents may utilize this appropriation item to fund	60379
other initiatives that support the advancement of aerospace	60380
research or education in aerospace engineering.	60381

ACADEMIC SCHOLARSHIPS

60382

The foregoing appropriation item 235-530, Academic	60383
Scholarships, shall be used to provide academic scholarships to	60384
students under section 3333.22 of the Revised Code.	60385

STUDENT CHOICE GRANTS

60386

The foregoing appropriation item 235-531, Student Choice	60387
Grants, shall be used to support the Student Choice Grant Program	60388
created by section 3333.27 of the Revised Code. The unencumbered	60389
balance of appropriation item 235-531, Student Choice Grants, at	60390
the end of fiscal year 2004 shall be transferred to fiscal year	60391
2005 for use under the same appropriation item to maintain grant	60392
award amounts in fiscal year 2005 equal to the awards provided in	60393
fiscal year 2004. The amounts transferred are hereby appropriated.	60394

STUDENT WORKFORCE DEVELOPMENT GRANTS

60395

The foregoing appropriation item 235-534, Student Workforce	60396
Development Grants, shall be used to support the Student Workforce	60397
Development Grant Program. Of the appropriated funds available,	60398
the Board of Regents shall distribute grants to each eligible	60399
student in an academic year. The size of each grant award shall be	60400
determined by the Board of Regents based on the amount of funds	60401
available for the program.	60402

OHIO AGRICULTURAL RESEARCH AND DEVELOPMENT CENTER

60403

The foregoing appropriation item 235-535, Ohio Agricultural	60404
Research and Development Center, shall be disbursed through the	60405
Board of Regents to The Ohio State University in monthly payments,	60406
unless otherwise determined by the Director of Budget and	60407
Management pursuant to section 126.09 of the Revised Code. The	60408
Ohio Agricultural Research and Development Center shall not be	60409
required to remit payment to The Ohio State University during the	60410
2003-2005 biennium for cost reallocation assessments. The cost	60411
reallocation assessments include, but are not limited to, any	60412
assessment on state appropriations to the center. The Ohio	60413
Agricultural Research and Development Center, in conjunction with	60414
the Third Frontier Commission, shall provide for an independently	60415
evaluated self-study of research excellence and commercial	60416
relevance in a manner to be prescribed by the Third Frontier	60417
Commission.	60418

Of the foregoing appropriation item 235-535, Ohio	60419
Agricultural Research and Development Center, $470,164 in fiscal	60420
year 2004 and $458,410 in fiscal year 2005 shall be used to	60421
purchase equipment.	60422

Of the foregoing appropriation item 235-535, Ohio	60423
Agricultural Research and Development Center, $827,141 in fiscal	60424
year 2004 and $806,463 in fiscal year 2005 shall be distributed to	60425
the Piketon Agricultural Research and Extension Center.	60426

Of the foregoing appropriation item 235-535, Ohio	60427
Agricultural Research and Development Center, $217,669 in fiscal	60428
year 2004 and $212,227 in fiscal year 2005 shall be distributed to	60429
the Raspberry/Strawberry-Ellagic Acid Research program at the Ohio	60430
State University Medical College in cooperation with the Ohio	60431
State University College of Agriculture.	60432

Of the foregoing appropriation item 235-535, Ohio	60433
Agricultural Research and Development Center, $43,534 in fiscal	60434
year 2004 and $42,445 in fiscal year 2005 shall be used to support	60435
the Ohio Berry Administrator.	60436

Of the foregoing appropriation item 235-535, Ohio	60437
Agricultural Research and Development Center, $87,067 in fiscal	60438
year 2004 and $84,890 in fiscal year 2005 shall be used for the	60439
development of agricultural crops and products not currently in	60440
widespread production in Ohio, in order to increase the income and	60441
viability of family farmers.	60442

SCHOOL OF INTERNATIONAL BUSINESS

60443

Of the foregoing appropriation item 235-547, School of	60444
International Business, $1,061,148 in fiscal year 2004 and	60445
$1,034,620 in fiscal year 2005 shall be used for the continued	60446
development and support of the School of International Business of	60447
the state universities of northeast Ohio. The money shall go to	60448
the University of Akron. These funds shall be used by the	60449
university to establish a School of International Business located	60450
at the University of Akron. It may confer with Kent State	60451
University, Youngstown State University, and Cleveland State	60452
University as to the curriculum and other matters regarding the	60453
school.	60454

Of the foregoing appropriation item 235-547, School of	60455
International Business, $213,315 in fiscal year 2004 and $207,982	60456
in fiscal year 2005 shall be used by the University of Toledo	60457
College of Business for expansion of its international business	60458
programs.	60459

Of the foregoing appropriation item 235-547, School of	60460
International Business, $213,315 in fiscal year 2004 and $207,982	60461
in fiscal year 2005 shall be used to support the Ohio State	60462
University BioMEMS program.	60463

PART-TIME STUDENT INSTRUCTIONAL GRANTS

60464

The foregoing appropriation item 235-549, Part-time Student	60465
Instructional Grants, shall be used to support a grant program for	60466
part-time undergraduate students who are Ohio residents and who	60467
are enrolled in degree granting programs.	60468

Eligibility for participation in the program shall include	60469
degree granting educational institutions that hold a certificate	60470
of registration from the State Board of Career Colleges and	60471
Schools, and nonprofit institutions that have a certificate of	60472
authorization issued pursuant to Chapter 1713. of the Revised	60473
Code, as well as state-assisted colleges and universities. Grants	60474
shall be given to students on the basis of need, as determined by	60475
the college, which, in making these determinations, shall give	60476
special consideration to single-parent heads-of-household and	60477
displaced homemakers who enroll in an educational degree program	60478
that prepares the individual for a career. In determining need,	60479
the college also shall consider the availability of educational	60480
assistance from a student's employer. It is the intent of the	60481
General Assembly that these grants not supplant such assistance.	60482

Section 88.09. DAYTON AREA GRADUATE STUDIES INSTITUTE

60483

The foregoing appropriation item 235-553, Dayton Area	60484
Graduate Studies Institute, shall be used by the Board of Regents	60485
to support the Dayton Area Graduate Studies Institute, an	60486
engineering graduate consortium of three universities in the	60487
Dayton area: Wright State University, the University of Dayton,	60488
and the Air Force Institute of Technology, with the participation	60489
of the University of Cincinnati and The Ohio State University.	60490

COMPUTER SCIENCE GRADUATE EDUCATION

60491

The foregoing appropriation item 235-554, Computer Science	60492
Graduate Education, shall be used by the Board of Regents to	60493
support improvements in graduate programs in computer science at	60494
state-assisted universities. Up to $174,135 in fiscal year 2004,	60495
and up to $169,782 in fiscal year 2005, may be used to support	60496
collaborative efforts in graduate education in this program area.	60497
The collaborative program shall be coordinated by the Ohio	60498
Supercomputer Center.	60499

OHIO ACADEMIC RESOURCES NETWORK (OARNET)

60500

The foregoing appropriation item 235-556, Ohio Academic	60501
Resources Network, shall be used to support the operations of the	60502
Ohio Academic Resources Network, which shall include support for	60503
Ohio's state-assisted colleges and universities in maintaining and	60504
enhancing network connections. The network shall give priority to	60505
supporting the Third Frontier Network and allocating bandwidth to	60506
programs directly supporting Ohio's economic development.	60507

LONG-TERM CARE RESEARCH

60508

The foregoing appropriation item 235-558, Long-term Care	60509
Research, shall be disbursed to Miami University for long-term	60510
care research.	60511

BOWLING GREEN STATE UNIVERSITY CANADIAN STUDIES CENTER

60512

The foregoing appropriation item 235-561, Bowling Green State	60513
University Canadian Studies Center, shall be used by the Canadian	60514
Studies Center at Bowling Green State University to study	60515
opportunities for Ohio and Ohio businesses to benefit from the	60516
Free Trade Agreement between the United States and Canada.	60517

THE OHIO STATE UNIVERSITY CLINIC SUPPORT

60518

The foregoing appropriation item 235-572, The Ohio State	60519
University Clinic Support, shall be distributed through the Board	60520
of Regents to The Ohio State University for support of dental and	60521
veterinary medicine clinics.	60522

Section 88.10. URBAN UNIVERSITY PROGRAMS

60523

Of the foregoing appropriation item 235-583, Urban University	60524
Programs, universities receiving funds that are used to support an	60525
ongoing university unit shall certify periodically in a manner	60526
approved by the Board of Regents that program funds are being	60527
matched on a one-to-one basis with equivalent resources. Overhead	60528
support may not be used to meet this requirement. Where Urban	60529
University Program funds are being used to support an ongoing	60530
university unit, matching funds shall come from continuing rather	60531
than one-time sources. At each participating state-assisted	60532
institution of higher education, matching funds shall be within	60533
the substantial control of the individual designated by the	60534
institution's president as the Urban University Program	60535
representative.	60536

Of the foregoing appropriation item 235-583, Urban University	60537
Programs, $324,239 in fiscal year 2004 and $316,134 in fiscal year	60538
2005 shall be used to support a public communication outreach	60539
program (WCPN). The primary purpose of the program shall be to	60540
develop a relationship between Cleveland State University and	60541
nonprofit communications entities.	60542

Of the foregoing appropriation item 235-583, Urban University	60543
Programs, $153,587 in fiscal year 2004 and $149,748 in fiscal year	60544
2005 shall be used to support the Center for the Interdisciplinary	60545
Study of Education and the Urban Child at Cleveland State	60546
University. These funds shall be distributed according to rules	60547
adopted by the Board of Regents and shall be used by the center	60548
for interdisciplinary activities targeted toward increasing the	60549
chance of lifetime success of the urban child, including	60550
interventions beginning with the prenatal period. The primary	60551
purpose of the center is to study issues in urban education and to	60552
systematically map directions for new approaches and new solutions	60553
by bringing together a cadre of researchers, scholars, and	60554
professionals representing the social, behavioral, education, and	60555
health disciplines.	60556

Of the foregoing appropriation item 235-583, Urban University	60557
Programs, $221,848 in fiscal year 2004 and $216,302 in fiscal year	60558
2005 shall be used to support the Kent State University Learning	60559
and Technology Project. This project is a kindergarten through	60560
university collaboration between schools surrounding Kent's eight	60561
campuses in northeast Ohio, and corporate partners who will assist	60562
in development and delivery.	60563

The Kent State University Project shall provide a faculty	60564
member who has a full-time role in the development of	60565
collaborative activities and teacher instructional programming	60566
between Kent and the K-12th grade schools that surround its eight	60567
campuses; appropriate student support staff to facilitate these	60568
programs and joint activities; and hardware and software to	60569
schools that will make possible the delivery of instruction to	60570
pre-service and in-service teachers, and their students, in their	60571
own classrooms or school buildings. This shall involve the	60572
delivery of low-bandwidth streaming video and web-based	60573
technologies in a distributed instructional model.	60574

Of the foregoing appropriation item 235-583, Urban University	60575
Programs, $85,326 in fiscal year 2004 and $83,193 in fiscal year	60576
2005 year shall be used to support the Ameritech Classroom/Center	60577
for Research at Kent State University.	60578

Of the foregoing appropriation item 235-583, Urban University	60579
Programs, $853,262 in fiscal year 2004 and $831,930 in fiscal year	60580
2005 year shall be used to support the Polymer Distance Learning	60581
Project at the University of Akron.	60582

Of the foregoing appropriation item 235-583, Urban University	60583
Programs, $42,663 in fiscal year 2004 and $41,596 in fiscal year	60584
2005 shall be distributed to the Kent State University/Cleveland	60585
Design Center program.	60586

Of the foregoing appropriation item 235-583, Urban University	60587
Programs, $213,315 in fiscal year 2004 and $207,982 in fiscal year	60588
2005 shall be used to support the Bliss Institute of Applied	60589
Politics at the University of Akron.	60590

Of the foregoing appropriation item 235-583, Urban University	60591
Programs, $12,800 in fiscal year 2004 and $12,478 in fiscal year	60592
2005 shall be used for the Advancing-Up Program at the University	60593
of Akron.	60594

Of the foregoing appropriation item 235-583, Urban University	60595
Programs, $1,877,723 in fiscal year 2004 and $1,830,780 in fiscal	60596
year 2005 shall be distributed by the Board of Regents to	60597
Cleveland State University in support of the Maxine Goodman Levin	60598
College of Urban Affairs.	60599

Of the foregoing appropriation item 235-583, Urban University	60600
Programs, $1,877,723 in fiscal year 2004 and $1,830,781 in fiscal	60601
year 2005 shall be distributed to the Northeast Ohio Research	60602
Consortium, the Urban Linkages Program, and the Urban Research	60603
Technical Assistance Grant Program. The distribution among the	60604
three programs shall be determined by the chair of the Urban	60605
University Program.	60606

RURAL UNIVERSITY PROJECTS

60607

Of the foregoing appropriation item 235-587, Rural University	60608
Projects, Bowling Green State University shall receive $184,646 in	60609
fiscal year 2004 and $180,029 in fiscal year 2005, Miami	60610
University shall receive $282,537 in fiscal year 2004 and $275,473	60611
in fiscal year 2005, and Ohio University shall receive $645,150 in	60612
fiscal year 2004 and $629,021 in fiscal year 2005. These funds	60613
shall be used to support the Institute for Local Government	60614
Administration and Rural Development at Ohio University, the	60615
Center for Public Management and Regional Affairs at Miami	60616
University, and the Center for Policy Analysis and Public Service	60617
at Bowling Green State University.	60618

Of the foregoing appropriation item 235-587, Rural University	60619
Projects, $21,331 in fiscal year 2004 and $20,798 in fiscal year	60620
2005 shall be used to support the Washington State Community	60621
College day care center.	60622

Of the foregoing appropriation item 235-587, Rural University	60623
Projects, $63,995 in fiscal year 2004 and $62,396 in fiscal year	60624
2005 shall be used to support the COAD/ILGARD/GOA Appalachian	60625
Leadership Initiative.	60626

A small portion of the funds provided to Ohio University	60627
shall also be used for the Institute for Local Government	60628
Administration and Rural Development State and Rural Policy	60629
Partnership with the Governor's Office of Appalachia and the	60630
Appalachian delegation of the General Assembly.	60631

Section 88.11. OHIO RESOURCE CENTER FOR MATHEMATICS, SCIENCE,	60632
AND READING	60633

The foregoing appropriation item 235-588, Ohio Resource	60634
Center for Mathematics, Science, and Reading, shall be used to	60635
support a resource center for mathematics, science, and reading to	60636
be located at a state-assisted university for the purpose of	60637
identifying best educational practices in primary and secondary	60638
schools and establishing methods for communicating them to	60639
colleges of education and school districts.	60640

INTERNATIONAL CENTER FOR WATER RESOURCES DEVELOPMENT

60641

The foregoing appropriation item 235-595, International	60642
Center for Water Resources Development, shall be used to support	60643
the International Center for Water Resources Development at	60644
Central State University. The center shall develop methods to	60645
improve the management of water resources for Ohio and for	60646
emerging nations.	60647

HAZARDOUS MATERIALS PROGRAM

60648

The foregoing appropriation item 235-596, Hazardous Materials	60649
Program, shall be disbursed to Cleveland State University for the	60650
operation of a program to certify firefighters for the handling of	60651
hazardous materials. Training shall be available to all Ohio	60652
firefighters.	60653

Of the foregoing appropriation item 235-596, Hazardous	60654
Materials Program, $130,601 in fiscal year 2004 and $127,337 in	60655
fiscal year 2005 shall be used to support the Center for the	60656
Interdisciplinary Study of Education and Leadership in Public	60657
Service at Cleveland State University. These funds shall be	60658
distributed by the Board of Regents and shall be used by the	60659
center targeted toward increasing the role of special populations	60660
in public service and not-for-profit organizations. The primary	60661
purpose of the center is to study issues in public service and to	60662
guide strategies for attracting new communities into public	60663
service occupations by bringing together a cadre of researchers,	60664
scholars and professionals representing the public administration,	60665
social behavioral, and education disciplines.	60666

NATIONAL GUARD SCHOLARSHIP PROGRAM

60667

The Board of Regents shall disburse funds from appropriation	60668
item 235-599, National Guard Scholarship Program, at the direction	60669
of the Adjutant General.	60670

* PLEDGE OF FEES

60671

Any new pledge of fees, or new agreement for adjustment of	60672
fees, made in the 2003-2005 biennium to secure bonds or notes of a	60673
state-assisted institution of higher education for a project for	60674
which bonds or notes were not outstanding on the effective date of	60675
this section shall be effective only after approval by the Board	60676
of Regents, unless approved in a previous biennium.	60677

HIGHER EDUCATION GENERAL OBLIGATION DEBT SERVICE

60678

The foregoing appropriation item 235-909, Higher Education	60679
General Obligation Debt Service, shall be used to pay all debt	60680
service and related financing costs at the times they are required	60681
to be made pursuant to sections 151.01 and 151.04 of the Revised	60682
Code during the period from July 1, 2003, to June 30, 2005. The	60683
Office of the Sinking Fund or the Director of Budget and	60684
Management shall effectuate the required payments by an intrastate	60685
transfer voucher.	60686

Section 88.12. OHIO HIGHER EDUCATIONAL FACILITY COMMISSION	60687
SUPPORT	60688

The foregoing appropriation item 235-602, Higher Educational	60689
Facility Commission Administration, shall be used by the Board of	60690
Regents for operating expenses related to the Board of Regents'	60691
support of the activities of the Ohio Higher Educational Facility	60692
Commission. Upon the request of the chancellor, the Director of	60693
Budget and Management shall transfer up to $20,000 cash from Fund	60694
461 to Fund 4E8 in each fiscal year of the biennium.	60695

PHYSICIAN LOAN REPAYMENT

60696

The foregoing appropriation item 235-604, Physician Loan	60697
Repayment, shall be used in accordance with sections 3702.71 to	60698
3702.81 of the Revised Code.	60699

NURSING LOAN PROGRAM

60700

The foregoing appropriation item 235-606, Nursing Loan	60701
Program, shall be used to administer the nurse education	60702
assistance program. Up to $159,600 in fiscal year 2004 and	60703
$167,580 in fiscal year 2005 may be used for operating expenses	60704
associated with the program. Any additional funds needed for the	60705
administration of the program are subject to Controlling Board	60706
approval.	60707

Section 88.13. SCIENCE AND TECHNOLOGY COLLABORATION

60708

The Board of Regents shall work in close collaboration with	60709
the Department of Development, Air Quality Development Authority,	60710
and the Third Frontier Commission in relation to appropriation	60711
items and programs listed in the following paragraph, and other	60712
technology-related appropriations and programs in the Department	60713
of Development and the Board of Regents as these agencies may	60714
designate, to ensure implementation of a coherent state strategy	60715
with respect to science and technology.	60716

Each of the following appropriations and programs: 195-401,	60717
Thomas Edison Program; 898-402, Coal Development Office; 195-422,	60718
Third Frontier Action Fund; 898-604, Coal Research and Development	60719
Fund; 235-454, Research Challenge; 235-508, Air Force Institute of	60720
Technology; 235-510, Ohio Supercomputer Center; 235-527, Ohio	60721
Aerospace Institute; 235-535, Ohio Agricultural Research and	60722
Development Center; 235-553, Dayton Area Graduate Studies	60723
Institute; 235-554, Computer Science Graduate Education; 235-556,	60724
Ohio Academic Resources Network; and 195-405, Biomedical Research	60725
and Technology Transfer Trust, shall be reviewed annually by the	60726
Third Frontier Commission with respect to its development of	60727
complementary relationships within a combined state science and	60728
technology investment portfolio and its overall contribution to	60729
the state's science and technology strategy, including the	60730
adoption of appropriately consistent criteria for: (1) the	60731
scientific merit of activities supported by the program; (2) the	60732
relevance of the program's activities to commercial opportunities	60733
in the private sector; (3) the private sector's involvement in a	60734
process that continually evaluates commercial opportunities to use	60735
the work supported by the program; and (4) the ability of the	60736
program and recipients of grant funding from the program to engage	60737
in activities that are collaborative, complementary, and efficient	60738
with respect to the expenditure of state funds. All programs	60739
listed above shall provide annual reports to the Third Frontier	60740
Commission discussing existing, planned, or possible	60741
collaborations between programs and recipients of grant funding	60742
related to technology, development, commercialization, and	60743
supporting Ohio's economic development. The annual review by the	60744
Third Frontier Commission shall be a comprehensive review of the	60745
entire state science and technology program portfolio rather than	60746
a review of individual programs.	60747

REPAYMENT OF RESEARCH FACILITY INVESTMENT FUND MONEYS

60748

Notwithstanding any provision of law to the contrary, all	60749
repayments of Research Facility Investment Fund loans shall be	60750
made to the Bond Service Trust Fund. All Research Facility	60751
Investment Fund loan repayments made prior to the effective date	60752
of this section shall be transferred by the Director of Budget and	60753
Management to the Bond Service Trust Fund within sixty days of the	60754
effective date of this section.	60755

Campuses shall make timely repayments of Research Facility	60756
Investment Fund loans, according to the schedule established by	60757
the Board of Regents. In the case of late payments, the Board of	60758
Regents may deduct from an institution's periodic subsidy	60759
distribution an amount equal to the amount of the overdue payment	60760
for that institution, transfer such amount to the Bond Service	60761
Trust Fund, and credit the appropriate institution for the	60762
repayment.	60763

VETERANS' PREFERENCES

60764

The Board of Regents shall work with the Governor's Office of	60765
Veterans' Affairs to develop specific veterans' preference	60766
guidelines for higher education institutions. These guidelines	60767
shall ensure that the institutions' hiring practices are in	60768
accordance with the intent of Ohio's veterans' preference laws.	60769

Section 88.14. COMPREHENSIVE PLAN FOR HIGHER EDUCATION

60770

(A) The Board of Regents shall develop a comprehensive plan	60771
for higher education that includes all of the following:	60772

(1) The plan shall seek to eliminate duplications of academic	60773
programs at the graduate, professional, and doctoral levels. In	60774
eliminating duplications, the Board of Regents shall consider	60775
either a statewide or regional approach.	60776

(2) The plan shall identify public and private higher	60777
education institutions to recommend as part of an Ohio Centers of	60778
Excellence program.	60779

(3) The plan shall recommend that the six current	60780
state-supported medical colleges be consolidated into a Public	60781
Medical College System consisting of three institutions focusing	60782
on academics and research and three institutions focusing on	60783
clinical teaching and clinical research.	60784

(B) Not later than April 1, 2004, the Board of Regents shall	60785
submit its comprehensive plan for higher education to the General	60786
Assembly for the General Assembly's approval.	60787

Section 88.15. ELIMINATION OF ONE PUBLIC LAW SCHOOL

60788

Not later than September 1, 2003, the Board of Regents shall	60789
identify one public law school for elimination. The Board of	60790
Regents shall use as a baseline in its determination the final	60791
report on Juris Doctor Education in the State of Ohio prepared by	60792
the Committee for the Statewide Review of Juris Doctor Education	60793
on January 4, 1996. The Board of Regents shall also use any other	60794
relevant information that is necessary to make its determination.	60795

The institution identified by the Board of Regents shall	60796
immediately begin a phase out of the institution's law school	60797
program. The institution shall not accept any new law students for	60798
first enrollment beginning with the summer semester of 2004. The	60799
institution shall effectively close its law school prior to the	60800
fall semester of 2006.	60801

The state share of instruction subsidy provided in fiscal	60802
year 2005 for students enrolled in the law school identified to be	60803
closed shall be not more the two-thirds of the subsidy amount	60804
received by the same institution for students enrolled in the law	60805
school in fiscal year 2004.	60806

It is the intent of the General Assembly that the state share	60807
of instruction subsidy provided in fiscal year 2006 for students	60808
enrolled in the law school identified to be closed shall be not	60809
more than one-third of the subsidy amount received by the same	60810
institution for students enrolled in the law school in fiscal year	60811
2004.	60812

It is the intent of the General Assembly that in fiscal year	60813
2007, no state share of instruction subsidy shall be provided for	60814
students enrolled in the law school identified to be closed.	60815

Section 89. DRC DEPARTMENT OF REHABILITATION AND CORRECTION

60816

General Revenue Fund							60817
GRF	501-321	Institutional Operations	$	850,381,155	$	861,557,899	60818
GRF	501-403	Prisoner Compensation	$	8,705,052	$	8,705,052	60819
GRF	501-405	Halfway House	$	35,140,139	$	35,579,419	60820
GRF	501-406	Lease Rental Payments	$	141,997,000	$	146,307,900	60821
GRF	501-407	Community Nonresidential Programs	$	15,161,353	$	15,352,814	60822
GRF	501-408	Community Misdemeanor Programs	$	7,942,211	$	8,041,489	60823
GRF	501-501	Community Residential Programs - CBCF	$	52,220,123	$	52,872,875	60824
GRF	502-321	Mental Health Services	$	67,302,290	$	68,265,662	60825
GRF	503-321	Parole and Community Operations	$	77,695,938	$	78,845,845	60826
GRF	504-321	Administrative Operations	$	27,033,707	$	27,420,848	60827
GRF	505-321	Institution Medical Services	$	118,406,940	$	120,014,320	60828
GRF	506-321	Institution Education Services	$	24,335,287	$	24,747,574	60829
GRF	507-321	Institution Recovery Services	$	7,018,500	$	7,124,516	60830
TOTAL GRF General Revenue Fund			$	1,433,339,695	$	1,454,836,213	60831

General Services Fund Group

60832

4B0	501-601	Penitentiary Sewer Treatment Facility Services	$	1,693,129	$	1,758,177	60833
4D4	501-603	Prisoner Programs	$	20,537,291	$	20,967,703	60834
4L4	501-604	Transitional Control	$	1,348,740	$	1,593,794	60835
4S5	501-608	Education Services	$	4,452,754	$	4,564,072	60836
483	501-605	Property Receipts	$	383,894	$	393,491	60837
5H8	501-617	Offender Financial Responsibility	$	735,000	$	774,020	60838
5L6	501-611	Information Technology Services	$	3,650,712	$	3,741,980	60839
571	501-606	Training Academy Receipts	$	73,356	$	75,190	60840
593	501-618	Laboratory Services	$	4,707,730	$	4,825,423	60841
TOTAL GSF General Services Fund Group			$	37,582,606	$	38,693,850	60842

Federal Special Revenue Fund Group

60843

3S1	501-615	Truth-In-Sentencing Grants	$	24,604,435	$	25,517,173	60844
323	501-619	Federal Grants	$	10,759,329	$	11,300,335	60845
TOTAL FED Federal Special Revenue							60846
Fund Group			$	35,363,764	$	36,817,508	60847

Intragovernmental Service Fund Group

60848

148	501-602	Services and Agricultural	$	95,207,653	$	95,207,653	60849
200	501-607	Ohio Penal Industries	$	29,748,175	$	31,491,879	60850
TOTAL ISF Intragovernmental							60851
Service Fund Group			$	124,955,828	$	126,699,532	60852
TOTAL ALL BUDGET FUND GROUPS			$	1,631,241,893	$	1,657,047,103	60853

ZERO-BASED BUDGETING

60854

The Director of Budget and Management shall prepare a full	60855
zero-based budget for the biennium ending June 30, 2007, for the	60856
Department of Rehabilitation and Correction. The Director shall	60857
offer the Department substantial technical assistance throughout	60858
the process of preparing its zero-based budget. The Department	60859
shall prepare a full zero-based budget in such manner and	60860
according to such schedule as the Director of Budget and	60861
Management requires. The zero-based budget shall, as the Director	60862
of Budget and Management determines, be in addition to or in place	60863
of the estimates of revenue and proposed expenditures that the	60864
Department otherwise would be required to prepare under section	60865
126.02 of the Revised Code.	60866

OHIO BUILDING AUTHORITY LEASE PAYMENTS

60867

The foregoing appropriation item 501-406, Lease Rental	60868
Payments, shall be used for payments to the Ohio Building	60869
Authority for the period July 1, 2003, to June 30, 2005, pursuant	60870
to the primary leases and agreements for those buildings made	60871
under Chapter 152. of the Revised Code but limited to the	60872
aggregate amount of $288,304,900. This appropriation amount is the	60873
source of funds pledged for bond service charges on related	60874
obligations issued pursuant to Chapter 152. of the Revised Code.	60875

PRISONER COMPENSATION

60876

Money from the foregoing appropriation item 501-403, Prisoner	60877
Compensation, shall be transferred on a quarterly basis by	60878
intrastate transfer voucher to the Services and Agricultural Fund	60879
(Fund 148) for the purposes of paying prisoner compensation.	60880

Section 90. RSC REHABILITATION SERVICES COMMISSION

60881

General Revenue Fund

60882

GRF	415-100	Personal Services	$	8,506,587	$	8,506,587	60883
GRF	415-402	Independent Living Council	$	12,040	$	12,040	60884
GRF	415-403	Mental Health Services	$	717,221	$	717,221	60885
GRF	415-404	MR/DD Services	$	1,260,816	$	1,260,816	60886
GRF	415-405	Vocational Rehabilitation/Job and Family Services	$	536,912	$	536,912	60887
GRF	415-406	Assistive Technology	$	47,531	$	47,531	60888
GRF	415-431	Office for People with Brain Injury	$	182,364	$	182,364	60889
GRF	415-506	Services for People with Disabilities	$	11,830,306	$	12,185,215	60890
GRF	415-509	Services for the Elderly	$	359,377	$	359,377	60891
GRF	415-520	Independent Living Services	$	48,208	$	48,208	60892
TOTAL GRF General Revenue Fund			$	23,501,362	$	23,856,271	60893

General Services Fund Group

60894

4W5	415-606	Administrative Expenses	$	18,016,543	$	18,557,040	60895
467	415-609	Business Enterprise Operating Expenses	$	1,584,545	$	1,632,082	60896
TOTAL GSF General Services							60897
Fund Group			$	19,601,088	$	20,189,122	60898

Federal Special Revenue Fund Group

60899

3L1	415-601	Social Security Personal Care Assistance	$	3,984,486	$	3,988,032	60900
3L1	415-605	Social Security Community Centers for the Deaf	$	1,100,488	$	1,100,488	60901
3L1	415-607	Social Security Administration Cost	$	174,119	$	175,860	60902
3L1	415-608	Social Security Special Programs/Assistance	$	6,941,158	$	6,941,158	60903
3L1	415-610	Social Security Vocational Rehabilitation	$	1,338,324	$	1,338,324	60904
3L1	415-614	Social Security Independent Living	$	385,917	$	385,917	60905
3L4	415-612	Federal-Independent Living Centers or Services	$	663,687	$	663,687	60906
3L4	415-615	Federal - Supported Employment	$	1,714,546	$	1,714,546	60907
3L4	415-617	Independent Living/Vocational Rehabilitation Programs	$	1,582,484	$	1,582,484	60908
317	415-620	Disability Determination	$	73,120,329	$	76,776,343	60909
379	415-616	Federal-Vocational Rehabilitation	$	117,955,833	$	125,520,457	60910
TOTAL FED Federal Special							60911
Revenue Fund Group			$	208,961,371	$	220,187,296	60912

State Special Revenue Fund Group

60913

4L1	415-619	Services for Rehabilitation	$	3,623,845	$	3,176,070	60914
468	415-618	Third Party Funding	$	1,692,991	$	2,392,991	60915
TOTAL SSR State Special							60916
Revenue Fund Group			$	5,316,836	$	5,569,061	60917
TOTAL ALL BUDGET FUND GROUPS			$	257,380,657	$	269,801,750	60918

MR/DD SERVICES

60919

The foregoing appropriation item 415-404, MR/DD Services,	60920
shall be used as state matching funds to provide vocational	60921
rehabilitation services to mutually eligible clients between the	60922
Rehabilitation Services Commission and the Department of Mental	60923
Retardation and Developmental Disabilities. The Rehabilitation	60924
Services Commission shall report to the Department of Mental	60925
Retardation and Developmental Disabilities, as outlined in an	60926
interagency agreement, on the number and status of mutually	60927
eligible clients and the status of the funds and expenditures for	60928
these clients.	60929

VOCATIONAL REHABILITATION/JOB AND FAMILY SERVICES

60930

The foregoing appropriation item 415-405, Vocational	60931
Rehabilitation/Job and Family Services, shall be used as state	60932
matching funds to provide vocational rehabilitation services to	60933
mutually eligible clients between the Rehabilitation Services	60934
Commission and the Department of Job and Family Services. The	60935
Rehabilitation Services Commission shall report to the Department	60936
of Job and Family Services, as outlined in an interagency	60937
agreement, on the number and status of mutually eligible clients	60938
and the status of the funds and expenditures for these clients.	60939

ASSISTIVE TECHNOLOGY

60940

The foregoing appropriation item 415-406, Assistive	60941
Technology, shall be provided to Assistive Technology of Ohio and	60942
shall be used only to provide grants under that program. No amount	60943
of the appropriation may be used for administrative costs.	60944

OFFICE FOR PEOPLE WITH BRAIN INJURY

60945

Of the foregoing appropriation item 415-431, Office for	60946
People with Brain Injury, $50,000 in each fiscal year shall be	60947
used for the state match for a federal grant awarded through the	60948
Traumatic Brain Injury Act, Pub. L. No. 104-166, and up to $50,000	60949
in fiscal year 2004 and up to $50,000 in fiscal year 2005 shall be	60950
provided to the Brain Injury Trust Fund. The remaining	60951
appropriation in this item shall be used to plan and coordinate	60952
head-injury-related services provided by state agencies and other	60953
government or private entities, to assess the needs for such	60954
services, and to set priorities in this area.	60955

SERVICES FOR THE ELDERLY

60956

The foregoing appropriation item 415-509, Services for the	60957
Elderly, shall be used as matching funds for vocational	60958
rehabilitation services for eligible elderly citizens with a	60959
disability.	60960

SOCIAL SECURITY REIMBURSEMENT FUNDS

60961

Reimbursement funds received from the Social Security	60962
Administration, United States Department of Health and Human	60963
Services, for the costs of providing services and training to	60964
return disability recipients to gainful employment, shall be used	60965
in the Social Security Reimbursement Fund (Fund 3L1), as follows:	60966

(A) Appropriation item 415-601, Social Security Personal Care	60967
Assistance, to provide personal care services in accordance with	60968
section 3304.41 of the Revised Code;	60969

(B) Appropriation item 415-605, Social Security Community	60970
Centers for the Deaf, to provide grants to community centers for	60971
the deaf in Ohio for services to individuals with hearing	60972
impairments;	60973

(C) Appropriation item 415-607, Social Security	60974
Administration Cost, to provide administrative services needed to	60975
administer the Social Security reimbursement program;	60976

(D) Appropriation item 415-608, Social Security Special	60977
Programs/Assistance, to provide vocational rehabilitation services	60978
to individuals with severe disabilities, who are Social Security	60979
beneficiaries, to achieve competitive employment. This item also	60980
includes funds to assist the Personal Care Assistance, Community	60981
Centers for the Deaf, and Independent Living Programs to pay their	60982
share of indirect costs as mandated by federal OMB Circular A-87.	60983

(E) Appropriation item 415-610, Social Security Vocational	60984
Rehabilitation, to provide vocational rehabilitation services to	60985
older blind individuals with severe disabilities to achieve a	60986
noncompetitive employment goal.	60987

ADMINISTRATIVE EXPENSES

60988

The foregoing appropriation item 415-606, Administrative	60989
Expenses, shall be used to support the administrative functions of	60990
the commission related to the provision of vocational	60991
rehabilitation, disability determination services, and ancillary	60992
programs.	60993

INDEPENDENT LIVING COUNCIL

60994

The foregoing appropriation item 415-402, Independent Living	60995
Council, shall be used to fund the operations of the State	60996
Independent Living Council.	60997

MENTAL HEALTH SERVICES

60998

The foregoing appropriation item 415-403, Mental Health	60999
Services, shall be used for the provision of vocational	61000
rehabilitation services to mutually eligible consumers of the	61001
Rehabilitation Services Commission and the Department of Mental	61002
Health.	61003

The Department of Mental Health shall receive a quarterly	61004
report from the Rehabilitation Services Commission stating the	61005
numbers served, numbers placed in employment, average hourly wage,	61006
and average hours worked.	61007

INDEPENDENT LIVING SERVICES

61008

The foregoing appropriation items 415-520, Independent Living	61009
Services, and 415-612, Federal-Independent Living Centers or	61010
Services, shall be used to support state independent living	61011
centers or independent living services pursuant to Title VII of	61012
the Independent Living Services and Centers for Independent Living	61013
of the Rehabilitation Act Amendments of 1992, 106 Stat. 4344, 29	61014
U.S.C. 796d.	61015

INDEPENDENT LIVING/VOCATIONAL REHABILITATION PROGRAMS

61016

The foregoing appropriation item 415-617, Independent	61017
Living/Vocational Rehabilitation Programs, shall be used to	61018
support vocational rehabilitation programs, including, but not	61019
limited to, Projects with Industry, Training Grants, and Brain	61020
Injury Grants.	61021

PILOT PROGRAM FOR VOCATIONAL REHABILITATION

61022

During fiscal years 2004 and 2005, the Rehabilitation	61023
Services Commission may conduct a pilot program to provide	61024
vocational rehabilitation and related services to entities,	61025
employers, or individuals that are not eligible for state or	61026
federally supported services through the commission. The	61027
commission shall propose fees to be collected from the entities,	61028
employers, or individuals served by the pilot program for the	61029
approval of the Controlling Board to support the costs for	61030
vocational rehabilitation and related services provided under the	61031
pilot program. Fee revenues collected under the program shall be	61032
credited to Fund 468 (Third Party Funding). Prior to the	61033
commencement of services through the pilot program, the	61034
Rehabilitation Services Commission shall develop a program plan to	61035
be submitted to the Controlling Board. Any plan revisions or	61036
updates shall be reported to the Controlling Board. During the	61037
implementation of the pilot program, the Rehabilitation Services	61038
Commission shall investigate and determine the possibility of	61039
utilizing this source of revenue to match federal funds. The	61040
Rehabilitation Services Commission shall evaluate the progress of	61041
the pilot program and issue a report of its findings to the	61042
Governor by December 15, 2005. The report shall include a	61043
recommendation to either continue or discontinue the pilot program	61044
in the next biennium.	61045

Section 91. RCB RESPIRATORY CARE BOARD

61046

General Services Fund Group

61047

4K9	872-609	Operating Expenses	$	318,499	$	315,481	61048
TOTAL GSF General Services							61049
Fund Group			$	318,499	$	315,481	61050
TOTAL ALL BUDGET FUND GROUPS			$	318,499	$	315,481	61051

Section 92. REVENUE DISTRIBUTION FUNDS

61053

Volunteer Firefighters' Dependents Fund

61054

085	800-900	Volunteer Firefighters' Dependents Fund	$	200,000	$	200,000	61055
TOTAL 085 Volunteer Firefighters'							61056
Dependents Fund			$	200,000	$	200,000	61057
Agency Fund Group							61058
062	110-900	Resort Area Excise Tax	$	500,000	$	500,000	61059
063	110-900	Permissive Tax Distribution	$	1,397,512,400	$	1,439,437,700	61060
067	110-900	School District Income Tax Fund	$	154,836,700	$	161,030,200	61061
4P8	001-698	Cash Management Improvement Fund	$	2,500,000	$	2,500,000	61062
608	001-699	Investment Earnings	$	174,300,000	$	181,300,000	61063
TOTAL AGY Agency Fund Group			$	1,729,649,100	$	1,784,767,900	61064

Holding Account Redistribution

61065

R45	110-617	International Fuel Tax Distribution	$	36,400,000	$	37,200,000	61066
TOTAL R45 Holding Account Redistribution Fund			$	36,400,000	$	37,200,000	61067
Revenue Distribution Fund Group							61068
049	038-900	Indigent Drivers Alcohol Treatment	$	1,850,000	$	1,850,000	61069
050	762-900	International Registration Plan Distribution	$	60,000,000	$	60,000,000	61070
051	762-901	Auto Registration Distribution	$	475,000,000	$	486,875,000	61071
054	110-900	Local Government Property Tax Replacement	$	75,000,000	$	75,000,000	61072
060	110-900	Gasoline Excise Tax Fund	$	113,344,700	$	115,611,600	61073
064	110-900	Local Government Revenue Assistance	$	99,500,000	$	101,000,000	61074
065	110-900	Library/Local Government Support Fund	$	485,000,000	$	495,000,000	61075
066	800-900	Undivided Liquor Permit Fund	$	13,500,000	$	13,500,000	61076
068	110-900	State/Local Government Highway Distribution Fund	$	227,607,000	$	232,159,100	61077
069	110-900	Local Government Fund	$	712,100,000	$	718,000,000	61078
082	110-900	Horse Racing Tax	$	130,000	$	130,000	61079
083	700-900	Ohio Fairs Fund	$	3,150,000	$	3,150,000	61080
TOTAL RDF Revenue Distribution							61081
Fund Group			$	2,266,181,700	$	2,302,275,700	61082
TOTAL ALL BUDGET FUND GROUPS			$	4,032,430,800	$	4,124,443,600	61083

ADDITIONAL APPROPRIATIONS

61084

Appropriation items in this section are to be used for the	61085
purpose of administering and distributing the designated revenue	61086
distributions fund according to the Revised Code. If it is	61087
determined that additional appropriations are necessary, such	61088
amounts are appropriated.	61089

Section 93. SAN BOARD OF SANITARIAN REGISTRATION

61090

General Services Fund Group

61091

4K9	893-609	Operating Expenses	$	124,892	$	125,612	61092
TOTAL GSF General Services							61093
Fund Group			$	124,892	$	125,612	61094
TOTAL ALL BUDGET FUND GROUPS			$	124,892	$	125,612	61095

Section 94. OSB OHIO STATE SCHOOL FOR THE BLIND

61097

General Revenue Fund

61098

GRF	226-100	Personal Services	$	6,287,483	$	6,456,616	61099
GRF	226-200	Maintenance	$	685,256	$	685,256	61100
GRF	226-300	Equipment	$	121,355	$	121,355	61101
TOTAL GRF General Revenue Fund			$	7,094,094	$	7,263,227	61102

General Services Fund Group

61103

4H8	226-602	Education Reform Grants	$	61,476	$	61,476	61104
TOTAL GSF General Services							61105
Fund Group			$	61,476	$	61,476	61106

State Special Revenue Fund Group

61107

4M5	226-601	Work Study & Technology Investments	$	42,919	$	42,919	61108
TOTAL SSR State Special Revenue							61109
Fund Group			$	42,919	$	42,919	61110

Federal Special Revenue Fund Group

61111

3P5	226-643	Medicaid Professional Services Reimbursement	$	143,600	$	143,600	61112
310	226-626	Coordinating Unit	$	1,390,000	$	1,384,000	61113
TOTAL FED Federal Special							61114
Revenue Fund Group			$	1,533,600	$	1,527,600	61115
TOTAL ALL BUDGET FUND GROUPS			$	8,732,089	$	8,895,222	61116

Section 95. OSD OHIO STATE SCHOOL FOR THE DEAF

61118

General Revenue Fund

61119

GRF	221-100	Personal Services	$	8,134,597	$	8,464,711	61120
GRF	221-200	Maintenance	$	1,018,160	$	1,028,342	61121
GRF	221-300	Equipment	$	200,841	$	200,841	61122
TOTAL GRF General Revenue Fund			$	9,353,598	$	9,693,894	61123

General Services Fund Group

61124

4M1	221-602	Education Reform Grants	$	70,701	$	70,701	61125
TOTAL GSF General Services							61126
Fund Group			$	70,701	$	70,701	61127

State Special Revenue Fund Group

61128

4M0	221-601	Educational Program	$	33,188	$	33,188	61129
		Expenses					61130
5H6	221-609	Even Start Fees & Gifts	$	98,500	$	98,500	61131
TOTAL SSR State Special Revenue							61132
Fund Group			$	131,688	$	131,688	61133

Federal Special Revenue Fund Group

61134

3R0	221-684	Medicaid Professional	$	111,377	$	111,377	61135
		Services Reimbursement					61136
311	221-625	Coordinating Unit	$	949,899	$	974,649	61137
3Y1	221-686	Early Childhood Grant	$	248,235	$	262,275	61138
TOTAL FED Federal Special							61139
Revenue Fund Group			$	1,309,511	$	1,348,301	61140
TOTAL ALL BUDGET FUND GROUPS			$	10,865,498	$	11,244,584	61141

Section 96. SFC SCHOOL FACILITIES COMMISSION

61143

General Revenue Fund

61144

GRF	230-428	Lease Rental Payments	$	31,776,500	$	31,704,700	61145
GRF	230-908	Common Schools General Obligation Debt Service	$	106,322,300	$	145,989,300	61146
TOTAL GRF General Revenue Fund			$	138,098,800	$	177,694,000	61147

Federal Special Revenue Fund Group

61148

3X9	230-601		Federal School Facilities Grant		$	28,214,058		$	28,214,058		61149
TOTAL FED Federal Special Revenue Fund Group					$	28,214,058		$	28,214,058		61150

State Special Revenue Fund Group

61151

5E3	230-644	Operating Expenses	$	7,009,766	$	7,009,766	61152
TOTAL SSR State Special Revenue							61153
Fund Group			$	7,009,766	$	7,009,766	61154
TOTAL ALL BUDGET FUND GROUPS			$	173,322,624	$	212,917,824	61155

Section 96.01. LEASE RENTAL PAYMENTS

61157

The foregoing appropriation item 230-428, Lease Rental	61158
Payments, shall be used to meet all payments at the times they are	61159
required to be made during the period from July 1, 2003, to June	61160
30, 2005, by the School Facilities Commission pursuant to leases	61161
and agreements made under section 3318.26 of the Revised Code, but	61162
limited to the aggregate amount of $63,481,200. Nothing in this	61163
act shall be deemed to contravene the obligation of the state to	61164
pay, without necessity for further appropriation, from the sources	61165
pledged thereto, the bond service charges on obligations issued	61166
pursuant to Chapter 3318. of the Revised Code.	61167

COMMON SCHOOLS GENERAL OBLIGATION DEBT SERVICE

61168

The foregoing appropriation item 230-908, Common Schools	61169
General Obligation Debt Service, shall be used to pay all debt	61170
service and related financing costs at the times they are required	61171
to be made pursuant to sections 151.01 and 151.03 of the Revised	61172
Code during the period from July 1, 2003, to June 30, 2005. The	61173
Office of the Sinking Fund or the Director of Budget and	61174
Management shall effectuate the required payments by an intrastate	61175
transfer voucher.	61176

OPERATING EXPENSES

61177

The foregoing appropriation item 230-644, Operating Expenses,	61178
shall be used by the Ohio School Facilities Commission to carry	61179
out its responsibilities pursuant to this section and Chapter	61180
3318. of the Revised Code.	61181

Within ten days after the effective date of this section, or	61182
as soon as possible thereafter, the Executive Director of the Ohio	61183
School Facilities Commission shall certify to the Director of	61184
Budget and Management the amount of cash from interest earnings to	61185
be transferred from the School Building Assistance Fund (Fund 032)	61186
or the Public School Building Fund (Fund 021) to the Ohio School	61187
Facilities Commission Fund (Fund 5E3).	61188

By July 10, 2004, the Executive Director of the Ohio School	61189
Facilities Commission shall certify to the Director of Budget and	61190
Management the amount of cash from interest earnings to be	61191
transferred from the School Building Assistance Fund (Fund 032) or	61192
the Public School Building Fund (Fund 021) to the Ohio School	61193
Facilities Commission Fund (Fund 5E3). The amount transferred may	61194
not exceed investment earnings credited to the School Building	61195
Assistance Fund (Fund 032) less any amount required to be paid for	61196
federal arbitrage rebate purposes.	61197

SCHOOL FACILITIES ENCUMBRANCES AND REAPPROPRIATION

61198

At the request of the Executive Director of the Ohio School	61199
Facilities Commission, the Director of Budget and Management may	61200
cancel encumbrances for school district projects from a previous	61201
biennium if the district has not raised its local share of project	61202
costs within one year of receiving Controlling Board approval in	61203
accordance with section 3318.05 of the Revised Code. The Executive	61204
Director of the Ohio School Facilities Commission shall certify	61205
the amounts of these canceled encumbrances to the Director of	61206
Budget and Management on a quarterly basis. The amounts of the	61207
canceled encumbrances are appropriated.	61208

Section 96.02. COMMUNITY SCHOOL CLASSROOM FACILITIES LOAN	61209
GUARANTEE	61210

The unencumbered and unallotted balances as of June 30, 2003,	61211
in appropriation item 230-602, Community School Loan Guarantee,	61212
are hereby reappropriated in fiscal year 2004 to support loan	61213
guarantees to community schools under section 3318.50 of the	61214
Revised Code. The unencumbered an unallotted balances of the	61215
appropriation at the end of fiscal year 2004 are hereby	61216
reappropriated in fiscal year 2005 to support loan guarantees to	61217
community schools under section 3318.50 of the Revised Code.	61218

Section 96.04. (A) The Ohio School Facilities Commission may	61219
commit up to thirty-five million dollars to the Canton City School	61220
District for construction of a facility described in this section,	61221
in lieu of a high school that would otherwise be authorized under	61222
Chapter 3318. of the Revised Code. The commission shall not commit	61223
funds under this section unless all of the following conditions	61224
are met:	61225

(1) The district has entered into a cooperative agreement	61226
with a state-assisted technical college.	61227

(2) The district has received an irrevocable commitment of	61228
additional funding from nonpublic sources.	61229

(3) The facility is intended to serve both secondary and	61230
postsecondary instructional purposes.	61231

(B) The commission shall enter into an agreement with the	61232
district for the construction of the facility authorized under	61233
this section that is separate from and in addition to the	61234
agreement required for the district's participation in the	61235
Classroom Facilities Assistance Program under section 3318.08 of	61236
the Revised Code. Notwithstanding that section and sections	61237
3318.03, 3318.04, and 3318.083 of the Revised Code, the additional	61238
agreement shall provide, but not be limited to, the following:	61239

(1) The commission shall not have any oversight	61240
responsibilities over the construction of the facility.	61241

(2) The facility need not comply with the specifications for	61242
plans and materials for high schools adopted by the commission.	61243

(3) The commission may decrease the basic project cost that	61244
would otherwise be calculated for a high school under Chapter	61245
3318. of the Revised Code.	61246

(4) The state shall not share in any increases in the basic	61247
project cost for the facility above the amount authorized under	61248
this section.	61249

All other provisions of Chapter 3318. of the Revised Code	61250
apply to the approval and construction of a facility authorized	61251
under this section.	61252

The state funds committed to the facility authorized by this	61253
section shall be part of the total amount the state commits to the	61254
Canton City School District under Chapter 3318. of the Revised	61255
Code. All additional state funds committed to the Canton City	61256
School District for classroom facilities assistance shall be	61257
subject to all provisions of Chapter 3318. of the Revised Code.	61258

Section 97. NET OHIO SCHOOLNET COMMISSION

61259

General Revenue Fund

61260

GRF	228-404	Operating Expenses	$	5,961,208	$	61261
GRF	228-406	Technical and Instructional Professional Development	$	7,691,831	$	61262
GRF	228-539	Education Technology	$	6,989,315	$	61263
Total GRF General Revenue Fund			$	20,642,354	$	61264

General Services Fund Group

61265

5D4	228-640	Conference/Special Purpose Expenses	$	1,350,000	$	0	61266
TOTAL GSF General Services							61267
Fund Group			$	1,350,000	$	0	61268

State Special Revenue Fund Group

61269

4W9	228-630	Ohio SchoolNet Telecommunity Fund	$	400,000	$	0	61270
4X1	228-634	Distance Learning	$	1,750,000	$	0	61271
5T3	228-605	Gates Foundation Grants	$	1,194,908	$	0	61272
TOTAL SSR State Special Revenue							61273
Fund Group			$	3,344,908	$	0	61274

Federal Special Revenue Fund Group

61275

3X8	228-604	Individuals With Disabilities Education Act	$	1,500,000	$	0	61276
TOTAL FED Federal Special Revenue							61277
Fund Group			$	1,500,000	$	0	61278
TOTAL ALL BUDGET FUND GROUPS			$	26,837,262	$	0	61279

Section 97.01. TECHNICAL AND INSTRUCTIONAL PROFESSIONAL	61281
DEVELOPMENT	61282

The foregoing appropriation item 228-406, Technical and	61283
Instructional Professional Development, shall be used by the Ohio	61284
SchoolNet Commission to make grants or provide services to	61285
qualifying schools, including the State School for the Blind and	61286
the Ohio School for the Deaf, for the provision of hardware,	61287
software, telecommunications services, and staff development to	61288
support educational uses of technology in the classroom.	61289

The Ohio SchoolNet Commission shall consider the professional	61290
development needs associated with the OhioReads Program when	61291
making funding allocations and program decisions.	61292

Of the foregoing appropriation $1,260,000 in fiscal year 2004	61293
shall be used by the Ohio Educational Telecommunications Network	61294
Commission, with the advice of the Ohio SchoolNet Commission, to	61295
make grants for research, development and production of	61296
interactive instructional programming series and teleconferences	61297
to support the SchoolNet Commission. Up to $55,000 of this amount	61298
shall be used in fiscal year 2004 to provide for the	61299
administration of these activities by the Ohio Educational	61300
Telecommunications Network Commission. The programming shall be	61301
targeted to the needs of the poorest two hundred school districts	61302
as determined by the district's adjusted valuation per pupil as	61303
defined in section 3317.0213 of the Revised Code.	61304

Of the foregoing appropriation item 228-406, Technical and	61305
Instructional Professional Development, $818,322 in fiscal year	61306
2004 shall be used by the INFOhio Network, with the advice of the	61307
Ohio SchoolNet Commission, to support the provision of electronic	61308
resources to all public schools with preference given to	61309
elementary schools. Consideration shall be given by the Commission	61310
to coordinating the allocation of these moneys with the efforts of	61311
OhioLINK and the Ohio Public Information Network.	61312

Of the foregoing appropriation item 228-406, Technical and	61313
Instructional Professional Development, $300,000 in fiscal year	61314
2004 shall be used by the JASON project, with the advice of the	61315
Ohio SchoolNet Commission, to provide statewide access and a 75	61316
per cent subsidy for statewide licensing of JASON content for	61317
90,000 middle school students statewide, and professional	61318
development for teachers participating in the program.	61319

The remaining appropriation allocated in appropriation item	61320
228-406, Technical and Instructional Professional Development,	61321
shall be used by the Ohio SchoolNet Commission for professional	61322
development for teachers and administrators for the use of	61323
educational technology. The commission may make grants to provide	61324
technical assistance and professional development on the use of	61325
educational technology to school districts.	61326

Eligible recipients of grants include regional training	61327
centers, county offices of education, data collection sites,	61328
instructional technology centers, institutions of higher	61329
education, public television stations, special education resource	61330
centers, area media centers, or other nonprofit educational	61331
organizations. Services provided through these grants may include	61332
use of private entities subcontracting through the grant	61333
recipient.	61334

Grants shall be made to entities on a contractual basis with	61335
the Ohio SchoolNet Commission. Contracts shall include provisions	61336
that demonstrate how services will benefit technology use in the	61337
schools, and in particular will support Ohio SchoolNet efforts to	61338
support technology in the schools. Contracts shall specify the	61339
scope of assistance being offered and the potential number of	61340
professionals who will be served. Contracting entities may be	61341
awarded more than one grant at a time.	61342

Grants shall be awarded in a manner consistent with the goals	61343
of Ohio SchoolNet. Special emphasis in the award of grants shall	61344
be placed on collaborative efforts among service providers.	61345

Application for grants from this appropriation in	61346
appropriation item 228-406, Technical and Instructional	61347
Professional Development, shall be consistent with a school	61348
district's technology plan that shall meet the minimum	61349
specifications for school district technology plans as prescribed	61350
by the Ohio SchoolNet Commission. Funds allocated through these	61351
grants may be combined with funds received through other state or	61352
federal grants for technology so long as the school district's	61353
technology plan specifies the use of these funds.	61354

EDUCATION TECHNOLOGY

61355

The foregoing appropriation item 228-539, Education	61356
Technology, shall be used to provide funding to suppliers of	61357
information services to school districts for the provision of	61358
hardware, software, and staff development in support of	61359
educational uses of technology in the classroom as prescribed by	61360
the State Plan for Technology pursuant to section 3301.07 of the	61361
Revised Code, and to support assistive technology for children and	61362
youth with disabilities.	61363

Of the foregoing appropriation item 228-539, Education	61364
Technology, up to $1,946,000 in fiscal year 2004 shall be used by	61365
the Ohio SchoolNet Commission to link all public K-12 classrooms	61366
to each other and the Internet, and to provide access to voice,	61367
video, and data educational resources for students and teachers	61368
through the OneNet Ohio Program.	61369

Up to $4,403,778 in each fiscal year shall be used by the	61370
Ohio SchoolNet Commission to contract with instructional	61371
television, and $639,537 in fiscal year 2004 shall be used by the	61372
commission to contract with education media centers to provide	61373
Ohio schools with instructional resources and services.	61374

Resources may include, but not be limited to, the following:	61375
pre-recorded video materials (including videotape, laser discs,	61376
and CD-ROM discs); computer software for student use or student	61377
access to electronic communication, databases, spreadsheet, and	61378
word processing capability; live student courses or courses	61379
delivered electronically; automated media systems; and	61380
instructional and professional development materials for teachers.	61381
The commission shall cooperate with education technology agencies	61382
in the acquisition, development, and delivery of such educational	61383
resources to ensure high-quality and educational soundness at the	61384
lowest possible cost. Delivery of such resources may utilize a	61385
variety of technologies, with preference given to a high-speed	61386
integrated information network that can transport video, voice,	61387
data, and graphics simultaneously.	61388

Services shall include presentations and technical assistance	61389
that will help students and teachers integrate educational	61390
materials that support curriculum objectives, match specific	61391
learning styles, and are appropriate for individual interests and	61392
ability levels.	61393

Such instructional resources and services shall be made	61394
available for purchase by chartered nonpublic schools or by public	61395
school districts for the benefit of pupils attending chartered	61396
nonpublic schools.	61397

TELECOMMUNITY

61398

The foregoing appropriation item 228-630, Ohio SchoolNet	61399
Telecommunity Fund, shall be distributed by the Ohio SchoolNet	61400
Commission on a grant basis to eligible school districts to	61401
establish "distance learning" through interactive video	61402
technologies in the school district. Per agreements with eight	61403
Ohio local telephone companies: ALLTEL Ohio, CENTURY Telephone of	61404
Ohio, Chillicothe Telephone Company, Cincinnati Bell Telephone	61405
Company, Orwell Telephone Company, Sprint North Central Telephone,	61406
VERIZON, and Western Reserve Telephone Company, school districts	61407
are eligible for funds if they are within one of the listed	61408
telephone company service areas. Funds to administer the program	61409
shall be expended by the commission up to the amount specified in	61410
agreements with the listed telephone companies.	61411

Within 30 days after the effective date of this section, the	61412
Director of Budget and Management shall transfer to Fund 4W9 in	61413
the State Special Revenue Fund Group any investment earnings from	61414
moneys paid to the Ohio SchoolNet Commission by any telephone	61415
company as part of any settlement agreement between the listed	61416
companies and the Public Utilities Commission in fiscal years 1996	61417
and beyond.	61418

DISTANCE LEARNING

61419

Appropriation item 228-634, Distance Learning, shall be	61420
distributed by the Ohio SchoolNet Commission on a grant basis to	61421
eligible school districts to establish "distance learning" in the	61422
school district. Per the agreement with Ameritech, school	61423
districts are eligible for funds if they are within an Ameritech	61424
service area. Funds to administer the program shall be expended by	61425
the commission up to the amount specified in the agreement with	61426
Ameritech.	61427

Within thirty days after the effective date of this section,	61428
the Director of Budget and Management shall transfer to fund 4X1	61429
in the State Special Revenue Fund Group any investment earnings	61430
from moneys paid to the office or to the SchoolNet Commission by	61431
any telephone company as part of a settlement agreement between	61432
the company and the Public Utilities Commission in fiscal year	61433
1995.	61434

GATES FOUNDATION GRANTS

61435

The foregoing appropriation item 228-605, Gates Foundation	61436
Grants, shall be used by the Ohio SchoolNet Commission to provide	61437
professional development to school district principals,	61438
superintendents, and other administrative staff for the use of	61439
education technology. The appropriation is made possible through a	61440
grant from the Bill and Melinda Gates foundation.	61441

Section 97.02. TRANSFER OF FUNDS TO THE DEPARTMENT OF	61442
EDUCATION	61443

On and after July 1, 2004, notwithstanding any provision of	61444
law to the contrary, the Director of Budget and Management is	61445
authorized to take the actions described in this section with	61446
respect to budget changes made necessary by administrative	61447
reorganization, program transfers, the creation of new funds, and	61448
the consolidation of funds as authorized by this act. The Director	61449
may make any transfer of cash balances between funds. At the	61450
request of the Director of Budget and Management, the	61451
Superintendent of Public Instruction shall certify to the Director	61452
an estimate of the amount of the cash balance to be transferred to	61453
the receiving fund. The Director may transfer the estimated amount	61454
when needed to make payments. Not more than thirty days after	61455
certifying the estimated amount, the Superintendent of Public	61456
Instruction shall certify the final amount to the Director. The	61457
Director shall transfer the difference between any amount	61458
previously transferred and the certified final amount. The	61459
Director may cancel encumbrances and re-establish encumbrances or	61460
parts of encumbrances as needed in fiscal year 2005 in the	61461
appropriate fund and appropriation line item for the same purpose	61462
and to the same vendor. As determined by the Director, the	61463
appropriation authority necessary to re-establish such	61464
encumbrances in fiscal year 2005 in a different fund or	61465
appropriation line item within an agency or between agencies is	61466
hereby appropriated by the General Assembly. The Director shall	61467
reduce each year's appropriation balances by the amount of the	61468
encumbrance canceled in their respective funds and appropriation	61469
line item. Any fiscal year 2004 unencumbered or unallocated	61470
appropriation balances may be transferred to the appropriate	61471
appropriation line item to be used for the same purposes, as	61472
determined by the Director. Of the foregoing appropriation item	61473
911-416, Educational Technology, up to $23,000,000 in fiscal year	61474
2005 may be transferred by the Director of Budget and Management	61475
to the Ohio Department of Education based on the Ohio Technology	61476
Integration Task Force plan envisioned by the section of this act	61477
titled OHIO TECHNOLOGY INTEGRATION TASK FORCE.	61478

Section 98. SOS SECRETARY OF STATE

61479

General Revenue Fund

61480

GRF	050-321	Operating Expenses	$	2,750,000	$	2,750,000	61481
GRF	050-403	Election Statistics	$	110,570	$	110,570	61482
GRF	050-407	Pollworkers Training	$	295,742	$	295,742	61483
GRF	050-409	Litigation Expenditures	$	4,949	$	4,949	61484
TOTAL GRF General Revenue Fund			$	3,161,261	$	3,161,261	61485

General Services Fund Group

61486

4S8	050-610	Board of Voting Machine Examiners	$	7,200	$	7,200	61487
412	050-609	Notary Commission	$	178,124	$	185,249	61488
413	050-601	Information Systems	$	163,418	$	169,955	61489
414	050-602	Citizen Education Fund	$	72,800	$	75,712	61490
TOTAL General Services Fund Group			$	421,542	$	438,116	61491

Federal Special Revenue Fund Group

61492

3X4	050-612	Ohio Cntr/Law Related Educ Grant	$	41,000	$	41,000	61493
TOTAL FED Federal Special Revenue							61494
Fund Group			$	41,000	$	41,000	61495

State Special Revenue Fund Group

61496

5N9	050-607	Technology Improvements	$	124,582	$	129,565	61497
599	050-603	Business Services Operating Expenses	$	13,649,716	$	13,850,153	61498
TOTAL SSR State Special Revenue							61499
Fund Group			$	13,774,298	$	13,979,718	61500

Holding Account Redistribution Fund Group

61501

R01	050-605	Uniform Commercial Code Refunds	$	65,000	$	65,000	61502
R02	050-606	Corporate/Business Filing Refunds	$	100,000	$	100,000	61503
TOTAL 090 Holding Account							61504
Redistribution Fund Group			$	165,000	$	165,000	61505
TOTAL ALL BUDGET FUND GROUPS			$	17,563,101	$	17,785,095	61506

BOARD OF VOTING MACHINE EXAMINERS

61507

The foregoing appropriation item 050-610, Board of Voting	61508
Machine Examiners, shall be used to pay for the services and	61509
expenses of the members of the Board of Voting Machine Examiners,	61510
and for other expenses that are authorized to be paid from the	61511
Board of Voting Machine Examiners Fund, which is created in	61512
section 3506.05 of the Revised Code. Moneys not used shall be	61513
returned to the person or entity submitting the equipment for	61514
examination. If it is determined that additional appropriations	61515
are necessary, such amounts are appropriated.	61516

HOLDING ACCOUNT REDISTRIBUTION GROUP

61517

The foregoing appropriation items 050-605 and 050-606,	61518
Holding Account Redistribution Fund Group, shall be used to hold	61519
revenues until they are directed to the appropriate accounts or	61520
until they are refunded. If it is determined that additional	61521
appropriations are necessary, such amounts are appropriated.	61522

Section 99. SEN THE OHIO SENATE

61523

General Revenue Fund

61524

GRF	020-321		Operating Expenses		$	10,887,655		$	11,432,037		61525
TOTAL GRF General Revenue Fund					$	10,887,655		$	11,432,037		61526

General Services Fund Group

61527

102	020-602	Senate Reimbursement	$	422,881	$	444,025	61528
409	020-601	Miscellaneous Sales	$	32,529	$	34,155	61529
TOTAL GSF General Services							61530
Fund Group			$	455,410	$	478,180	61531
TOTAL ALL BUDGET FUND GROUPS			$	11,343,065	$	11,910,217	61532

Section 100. CSF COMMISSIONERS OF THE SINKING FUND

61534

Debt Service Fund Group

61535

071	155-901	Highway Obligations Bond Retirement Fund	$	35,536,300	$	10,450,000	61536
072	155-902	Highway Capital Improvements Bond Retirement Fund	$	153,559,600	$	173,238,200	61537
073	155-903	Natural Resources Bond Retirement	$	23,808,300	$	26,914,300	61538
074	155-904	Conservation Projects Bond Service Fund	$	9,743,500	$	11,235,700	61539
076	155-906	Coal Research and Development Bond Retirement Fund	$	7,231,200	$	9,185,100	61540
077	155-907	State Capital Improvements Bond Retirement Fund	$	156,974,400	$	152,069,700	61541
078	155-908	Common Schools Bond Retirement Fund	$	106,322,300	$	145,989,300	61542
079	155-909	Higher Education Bond Retirement Fund	$	97,668,000	$	130,967,600	61543
TOTAL DSF Debt Service Fund Group			$	590,843,600	$	660,049,900	61544
TOTAL ALL BUDGET FUND GROUPS			$	590,843,600	$	660,049,900	61545

ADDITIONAL APPROPRIATIONS

61546

Appropriation items in this section are for the purpose of	61547
paying debt service and financing costs on bonds or notes of the	61548
state issued pursuant to the Ohio Constitution and acts of the	61549
General Assembly. If it is determined that additional	61550
appropriations are necessary, such amounts are appropriated.	61551

Section 101. SPE BOARD OF SPEECH-LANGUAGE PATHOLOGY &	61552
AUDIOLOGY	61553

General Services Fund Group

61554

4K9	886-609	Operating Expenses	$	390,966	$	403,554	61555
TOTAL GSF General Services							61556
Fund Group			$	390,966	$	403,554	61557
TOTAL ALL BUDGET FUND GROUPS			$	390,966	$	403,554	61558

Section 102. BTA BOARD OF TAX APPEALS

61560

General Revenue Fund

61561

GRF	116-321	Operating Expenses	$	2,171,760	$	2,171,760	61562
TOTAL GRF General Revenue Fund			$	2,171,760	$	2,171,760	61563
TOTAL ALL BUDGET FUND GROUPS			$	2,171,760	$	2,171,760	61564

Section 103. TAX DEPARTMENT OF TAXATION

61566

General Revenue Fund

61567

GRF	110-321	Operating Expenses	$	80,001,007	$	79,667,788	61568
GRF	110-412	Child Support Administration	$	74,215	$	74,215	61569
GRF	110-901	Property Tax Allocation - Taxation	$	434,650,000	$	452,740,000	61570
GRF	110-906	Tangible Tax Exemption - Taxation	$	29,190,000	$	30,490,000	61571
TOTAL GRF General Revenue Fund			$	543,915,222	$	562,972,003	61572

Agency Fund Group

61573

095	110-901	Municipal Income Tax	$	12,000,000	$	12,000,000	61574
425	110-635	Tax Refunds	$	1,296,756,200	$	1,337,119,600	61575
TOTAL AGY Agency Fund Group			$	1,308,756,200	$	1,349,119,600	61576

General Services Fund Group

61577

433	110-602	Tape File Account	$	96,165	$	96,165	61578
TOTAL GSF General Services							61579
Fund Group			$	96,165	$	96,165	61580

State Special Revenue Fund Group

61581

4C6	110-616	International Registration Plan	$	706,855	$	706,855	61582
4R6	110-610	Tire Tax Administration	$	65,000	$	65,000	61583
435	110-607	Local Tax Administration	$	13,600,000	$	13,700,000	61584
436	110-608	Motor Vehicle Audit	$	1,350,000	$	1,350,000	61585
437	110-606	Litter Tax and Natural Resource Tax Administration	$	625,232	$	625,232	61586
438	110-609	School District Income Tax	$	2,599,999	$	2,599,999	61587
5N5	110-605	Municipal Income Tax Administration	$	650,000	$	650,000	61588
5N6	110-618	Kilowatt Hour Tax Administration	$	85,000	$	85,000	61589
5V7	110-622	Motor Fuel Tax Administration	$	3,734,036	$	3,833,091	61590
5V8	110-623	Property Tax Administration	$	11,569,719	$	11,938,362	61591
5W4	110-625	Centralized Tax Filing and Payment	$	3,000,000	$	3,000,000	61592
639	110-614	Cigarette Tax Enforcement	$	168,925	$	168,925	61593
642	110-613	Ohio Political Party Distributions	$	600,000	$	600,000	61594
688	110-615	Local Excise Tax Administration	$	300,000	$	300,000	61595
TOTAL SSR State Special Revenue							61596
Fund Group			$	39,054,766	$	39,622,464	61597

Federal Special Revenue Fund Group

61598

3J6	110-601	Motor Fuel Compliance	$	33,300	$	25,000	61599
TOTAL FED Federal Special Revenue							61600
Fund Group			$	33,300	$	25,000	61601

Holding Account Redistribution Fund Group

61602

R10	110-611	Tax Distributions	$	50,000	$	50,000	61603
R11	110-612	Miscellaneous Income Tax Receipts	$	50,000	$	50,000	61604
TOTAL 090 Holding Account							61605
Redistribution Fund Group			$	100,000	$	100,000	61606
TOTAL ALL BUDGET FUND GROUPS			$	1,891,955,653	$	1,951,935,232	61607

LITTER CONTROL TAX ADMINISTRATION FUND

61608

Notwithstanding section 5733.12 of the Revised Code, during	61609
the period from July 1, 2003, to June 30, 2004, the amount of	61610
$625,232, and during the period from July 1, 2004, to June 30,	61611
2005, the amount of $625,232, received by the Tax Commissioner	61612
under Chapter 5733. of the Revised Code, shall be credited to the	61613
Litter Control Tax Administration Fund (Fund 437).	61614

CENTRALIZED TAX FILING AND PAYMENT FUND

61615

The Director of Budget and Management pursuant to a plan	61616
submitted by the Tax Commissioner, or as otherwise determined by	61617
the Director of Budget and Management, shall set a schedule to	61618
transfer cash from the General Revenue Fund to the credit of the	61619
Centralized Tax Filing and Payment Fund. Such transfers of cash	61620
shall not exceed $3,000,000 in any fiscal year.	61621

INTERNATIONAL REGISTRATION PLAN AUDIT

61622

The foregoing appropriation item 110-616, International	61623
Registration Plan, shall be used pursuant to section 5703.12 of	61624
the Revised Code for audits of persons with vehicles registered	61625
under the International Registration Plan.	61626

HOMESTEAD EXEMPTION, PROPERTY TAX ROLLBACK, AND TANGIBLE TAX	61627
EXEMPTION	61628

The foregoing appropriation item 110-901, Property Tax	61629
Allocation - Taxation, is appropriated to pay for the state's	61630
costs incurred due to the Homestead Exemption, the Manufactured	61631
Home Property Tax Rollback, and the Property Tax Rollback. The Tax	61632
Commissioner shall distribute these funds directly to the	61633
appropriate local taxing districts of the state, except for school	61634
districts, notwithstanding the provisions in sections 321.24 and	61635
323.156 of the Revised Code, which provide for payment of the	61636
Homestead Exemption, the Manufactured Home Property Tax Rollback,	61637
and Property Tax Rollback by the Tax Commissioner to the	61638
appropriate county treasurer and the subsequent redistribution of	61639
these funds to the appropriate local taxing districts by the	61640
county auditor.	61641

The foregoing appropriation item 110-906, Tangible Tax	61642
Exemption - Taxation, is appropriated to pay for the state's costs	61643
incurred due to the tangible personal property tax exemption	61644
required by division (C)(3) of section 5709.01 of the Revised	61645
Code. The Tax Commissioner shall distribute to each county	61646
treasurer the total amount certified by the county treasurer	61647
pursuant to section 319.311 of the Revised Code for all local	61648
taxing districts located in the county except for school	61649
districts, notwithstanding the provision in section 319.311 of the	61650
Revised Code which provides for payment of the $10,000 tangible	61651
personal property tax exemption by the Tax Commissioner to the	61652
appropriate county treasurer for all local taxing districts	61653
located in the county including school districts. Pursuant to	61654
division (G) of section 321.24 of the Revised Code, the county	61655
auditor shall distribute the amount paid by the Tax Commissioner	61656
among the appropriate local taxing districts except for school	61657
districts.	61658

Upon receipt of these amounts, each local taxing district	61659
shall distribute the amount among the proper funds as if it had	61660
been paid as real or tangible personal property taxes. Payments	61661
for the costs of administration shall continue to be paid to the	61662
county treasurer and county auditor as provided for in sections	61663
319.54, 321.26, and 323.156 of the Revised Code.	61664

Any sums, in addition to the amounts specifically	61665
appropriated in appropriation items 110-901, Property Tax	61666
Allocation - Taxation, for the Homestead Exemption, the	61667
Manufactured Home Property Tax Rollback, and the Property Tax	61668
Rollback payments, and 110-906, Tangible Tax Exemption - Taxation,	61669
for the $10,000 tangible personal property tax exemption payments,	61670
which are determined to be necessary for these purposes, are	61671
hereby appropriated.	61672

MUNICIPAL INCOME TAX

61673

The foregoing appropriation item 110-901, Municipal Income	61674
Tax, shall be used to make payments to municipal corporations as	61675
provided in section 5745.05 of the Revised Code. If it is	61676
determined that additional appropriations are necessary to make	61677
such payments, such amounts are hereby appropriated.	61678

TAX REFUNDS

61679

The foregoing appropriation item 110-635, Tax Refunds, shall	61680
be used to pay refunds as provided in section 5703.052 of the	61681
Revised Code. If it is determined that additional appropriations	61682
are necessary, such amounts are appropriated.	61683

Section 104. DOT DEPARTMENT OF TRANSPORTATION

61684

Transportation Modes

61685

General Revenue Fund

61686

GRF	775-451	Public Transportation - State	$	15,525,595	$	15,525,595	61687
GRF	776-465	Rail Transportation	$	3,116,889	$	2,936,056	61688
GRF	777-471	Airport Improvements - State	$	1,338,495	$	1,338,495	61689
GRF	777-473	Rickenbacker Lease Payments - State	$	591,600	$	591,500	61690
TOTAL GRF General Revenue Fund			$	20,572,579	$	20,391,646	61691

Federal Special Revenue Fund Group

61692

3B9	776-662	Rail Transportation - Federal	$	50,000	$	50,000	61693
TOTAL FSR Federal Special Revenue							61694
Fund Group			$	50,000	$	50,000	61695

State Special Revenue Fund Group

61696

4N4	776-663	Panhandle Lease Reserve Payments	$	770,000	$	770,000	61697
4N4	776-664	Rail Transportation - Other	$	1,919,500	$	2,111,500	61698
5W7	771-413	Public Transportation Grant Programs	$	3,100,000	$	3,100,000	61699
5W8	773-432	Roadside Rest Area Improvement	$	250,000	$	250,000	61700
5W9	777-476	County Airport Maintenance Assistance	$	570,000	$	570,000	61701
TOTAL SSR State Special Revenue							61702
Fund Group			$	6,609,500	$	6,801,500	61703
TOTAL ALL BUDGET FUND GROUPS			$	27,232,079	$	27,243,146	61704

ELDERLY AND DISABLED FARE ASSISTANCE

61705

Of the foregoing appropriation item 775-451, Public	61706
Transportation - State, up to $4,012,780 in fiscal year 2004 and	61707
$5,015,975 in fiscal year 2005 may be used to make grants to	61708
county transit boards, regional transit authorities, regional	61709
transit commissions, counties, municipal corporations, and private	61710
nonprofit organizations that operate or will operate public	61711
transportation systems, for the purpose of reducing the transit	61712
fares of elderly or disabled persons. Pursuant to division (B) of	61713
section 5501.07 of the Revised Code, the Director of	61714
Transportation shall establish criteria for the distribution of	61715
these grants.	61716

AVIATION LEASE PAYMENTS

61717

The foregoing appropriation item 777-473, Rickenbacker Lease	61718
Payments - State, shall be used to meet scheduled payments for the	61719
Rickenbacker Port Authority. The Director of Transportation shall	61720
certify to the Director of Budget and Management any	61721
appropriations in appropriation item 777-473, Rickenbacker Lease	61722
Payments - State, that are not needed to make lease payments for	61723
the Rickenbacker Port Authority. Notwithstanding section 127.14 of	61724
the Revised Code, the amount certified may be transferred by the	61725
Director of Budget and Management to appropriation item 777-471,	61726
Airport Improvements - State.	61727

Section 105. TOS TREASURER OF STATE

61728

General Revenue Fund

61729

GRF	090-321	Operating Expenses	$	9,122,622	$	9,122,622	61730
GRF	090-401	Office of the Sinking	$	554,868	$	554,868	61731
		Fund					61732
GRF	090-402	Continuing Education	$	463,585	$	463,585	61733
GRF	090-524	Police and Fire	$	35,000	$	30,000	61734
		Disability Pension Fund					61735
GRF	090-534	Police & Fire Ad Hoc Cost	$	225,000	$	230,000	61736
		of Living					61737
GRF	090-544	Police and Fire State	$	1,200,000	$	1,200,000	61738
		Contribution					61739
GRF	090-554	Police and Fire Survivor	$	1,320,000	$	1,260,000	61740
		Benefits					61741
GRF	090-575	Police and Fire Death	$	24,000,000	$	25,000,000	61742
		Benefits					61743
TOTAL GRF General Revenue Fund			$	36,921,075	$	37,861,075	61744

Agency Fund Group

61745

425	090-635		Tax Refunds		$	31,000,000		$	31,000,000		61746
TOTAL Agency Fund Group					$	31,000,000		$	31,000,000		61747

General Services Fund Group

61748

4E9	090-603	Securities Lending Income	$	2,400,000	$	2,100,000	61749
577	090-605	Investment Pool	$	600,000	$	550,000	61750
		Reimbursement					61751
605	090-609	Treasurer of State	$	600,000	$	700,000	61752
		Administrative Fund					61753
TOTAL GSF General Services							61754
Fund Group			$	3,600,000	$	3,350,000	61755

State Special Revenue Fund Group

61756

5C5	090-602	County Treasurer Education	$	175,000	$	135,000	61757
TOTAL SSR State Special Revenue							61758
Fund Group			$	175,000	$	135,000	61759
TOTAL ALL BUDGET FUND GROUPS			$	71,696,075	$	72,346,075	61760

Section 105.01. OFFICE OF THE SINKING FUND

61762

The foregoing appropriation item 090-401, Office of the	61763
Sinking Fund, shall be used for financing and other costs incurred	61764
by or on behalf of the Commissioners of the Sinking Fund, the Ohio	61765
Public Facilities Commission or its secretary, or the Treasurer of	61766
State, with respect to State of Ohio general obligation bonds or	61767
notes, including, but not limited to, printing, advertising,	61768
delivery, rating fees and the procurement of ratings, professional	61769
publications, membership in professional organizations, and	61770
services referred to in division (D) of section 151.01 of the	61771
Revised Code. The General Revenue Fund shall be reimbursed for	61772
such costs by intrastate transfer voucher pursuant to a	61773
certification by the Office of the Sinking Fund of the actual	61774
amounts used. The amounts necessary to make such reimbursements	61775
are appropriated from the general obligation bond retirement funds	61776
created by the Constitution and laws to the extent such costs are	61777
incurred.	61778

POLICE AND FIRE DEATH BENEFIT FUND

61779

The foregoing appropriation item 090-575, Police and Fire	61780
Death Benefits, shall be disbursed annually by the Treasurer of	61781
State at the beginning of each fiscal year to the Board of	61782
Trustees of the Ohio Police and Fire Pension Fund. By the	61783
twentieth day of June of each year, the Board of Trustees of the	61784
Ohio Police and Fire Pension Fund shall certify to the Treasurer	61785
of State the amount disbursed in the current fiscal year to make	61786
the payments required by section 742.63 of the Revised Code and	61787
shall return to the Treasurer of State moneys received from this	61788
item but not disbursed.	61789

The foregoing appropriation item 090-635, Tax Refunds, shall	61790
be used to pay refunds as provided in section 5703.052 of the	61791
Revised Code. If it is determined by the Director of Budget and	61792
Management that additional amounts are necessary, such amounts are	61793
appropriated.	61794

Section 106. UST PETROLEUM UNDERGROUND STORAGE TANK RELEASE	61795
COMPENSATION BOARD	61796

State Special Revenue Fund Group

61797

691	810-632	PUSTRCB Staff	$	1,075,158	$	1,075,158	61798
TOTAL SSR State Special Revenue							61799
Fund Group			$	1,075,158	$	1,075,158	61800
TOTAL ALL BUDGET FUND GROUPS			$	1,075,158	$	1,075,158	61801

Section 107. TTA OHIO TUITION TRUST AUTHORITY

61803

State Special Revenue Fund Group

61804

5P3	095-602	Variable Savings Plan	$	1,639,747	$	1,690,213	61805
645	095-601	Operating Expenses	$	3,570,614	$	3,689,101	61806
TOTAL SSR State Special Revenue							61807
Fund Group			$	5,210,361	$	5,379,314	61808
TOTAL ALL BUDGET FUND GROUPS			$	5,210,361	$	5,379,314	61809

Section 108. OVH OHIO VETERANS' HOME

61811

General Revenue Fund

61812

GRF	430-100	Personal Services	$	18,740,761	$	18,247,112	61813
GRF	430-200	Maintenance	$	5,069,180	$	6,546,928	61814
TOTAL GRF General Revenue Fund			$	23,809,941	$	24,794,040	61815

General Services Fund Group

61816

484	430-603		Rental and Service Revenue		$	709,737		$	709,737		61817
TOTAL GSF General Services Fund Group					$	709,737		$	709,737		61818

Federal Special Revenue Fund Group

61819

3L2	430-601	Federal Grants	$	12,220,340	$	14,696,578	61820
TOTAL FED Federal Special Revenue							61821
Fund Group			$	12,220,340	$	14,696,578	61822

State Special Revenue Fund Group

61823

4E2	430-602	Veterans Home Operating	$	6,719,938	$	7,769,277	61824
604	430-604	Veterans Home Improvement	$	770,096	$	770,096	61825
TOTAL SSR State Special Revenue							61826
Fund Group			$	7,490,034	$	8,539,373	61827
TOTAL ALL BUDGET FUND GROUPS			$	44,230,052	$	48,739,728	61828

Section 110. DVM STATE VETERINARY MEDICAL BOARD

61830

General Services Fund Group

61831

4K9	888-609	Operating Expenses	$	444,208	$	453,043	61832
TOTAL GSF General Services							61833
Fund Group			$	444,208	$	453,043	61834
TOTAL ALL BUDGET FUND GROUPS			$	444,208	$	453,043	61835

Section 110a. OVB OHIO VISION BOARD

61837

General Services Fund Group

61838

4K9	057-601	Operating Expenses	$	550,000	$	550,000	61839
TOTAL GSF General Services Fund Group			$	550,000	$	550,000	61840
TOTAL ALL BUDGET FUND GROUPS			$	550,000	$	550,000	61841

Section 111. DYS DEPARTMENT OF YOUTH SERVICES

61843

General Revenue Fund

61844

GRF	470-401	RECLAIM Ohio	$	159,705,770	$	159,705,770	61845
GRF	470-412	Lease Rental Payments	$	21,110,100	$	21,110,000	61846
GRF	470-510	Youth Services	$	18,558,587	$	18,558,587	61847
GRF	472-321	Parole Operations	$	15,347,154	$	14,841,872	61848
GRF	477-321	Administrative Operations	$	12,984,591	$	12,749,407	61849
TOTAL GRF General Revenue Fund			$	227,706,202	$	226,965,637	61850

General Services Fund Group

61851

175	470-613	Education Reimbursement	$	8,817,598	$	8,817,598	61852
4A2	470-602	Child Support	$	311,302	$	320,641	61853
4G6	470-605	General Operational Funds	$	10,000	$	10,000	61854
479	470-609	Employee Food Service	$	118,454	$	122,008	61855
523	470-621	Wellness Program	$	197,778	$	197,778	61856
TOTAL GSF General Services							61857
Fund Group			$	9,455,132	$	9,468,025	61858

Federal Special Revenue Fund Group

61859

3V5	470-604	Juvenile Justice/Delinquency Prevention	$	4,091,100	$	4,254,744	61860
3W0	470-611	Federal Juvenile Programs FFY 02	$	4,500,000	$	0	61861
3Z8	470-625	Federal Juvenile Programs FFY 04	$	7,828,899	$	4,500,000	61862
3Z9	470-626	Federal Juvenile Programs FFY 05	$	0	$	7,828,899	61863
321	470-601	Education	$	1,491,587	$	1,555,147	61864
321	470-603	Juvenile Justice Prevention	$	1,558,138	$	1,558,138	61865
321	470-606	Nutrition	$	2,389,587	$	2,485,170	61866
321	470-610	Rehabilitation Programs	$	585,000	$	585,000	61867
321	470-614	Title IV-E Reimbursements	$	4,776,002	$	4,919,282	61868
321	470-617	Americorps Programs	$	460,000	$	460,000	61869
TOTAL FED Federal Special Revenue							61870
Fund Group			$	27,680,313	$	28,146,380	61871

State Special Revenue Fund Group

61872

147	470-612	Vocational Education	$	2,523,653	$	2,630,612	61873
4W3	470-618	Help Me Grow	$	11,587	$	11,587	61874
5J7	470-623	Residential Treatment Services	$	500,000	$	500,000	61875
TOTAL SSR State Special Revenue							61876
Fund Group			$	3,035,240	$	3,142,199	61877
TOTAL ALL BUDGET FUND GROUPS			$	267,876,887	$	267,722,241	61878

ZERO-BASED BUDGETING

61879

The Director of Budget and Management shall prepare a full	61880
zero-based budget for the biennium beginning July 1, 2005, for the	61881
Department of Youth Services. The Director shall offer the	61882
Department substantial technical assistance throughout the process	61883
of preparing their zero-based budget. The Department shall prepare	61884
a full zero-based budget in such manner and according to such	61885
schedule as the Director of Budget and Management requires. The	61886
zero-based budget shall, as the Director of Budget and Management	61887
determines, be in addition to or in place of the estimates of	61888
revenue and proposed expenditures that the Department otherwise	61889
would be required to prepare under section 126.02 of the Revised	61890
Code.	61891

OHIO BUILDING AUTHORITY LEASE PAYMENTS

61892

The foregoing appropriation item 470-412, Lease Rental	61893
Payments, in the Department of Youth Services, shall be used for	61894
payments to the Ohio Building Authority for the period from July	61895
1, 2003, to June 30, 2005, pursuant to the primary leases and	61896
agreements for facilities made under Chapter 152. of the Revised	61897
Code, but limited to the aggregate amount of $42,220,100. This	61898
appropriation is the source of funds pledged for bond service	61899
charges on related obligations issued pursuant to Chapter 152. of	61900
the Revised Code.	61901

EMPLOYEE FOOD SERVICE AND EQUIPMENT

61902

Notwithstanding section 125.14 of the Revised Code, the	61903
foregoing appropriation item 470-609, Employee Food Service, may	61904
be used to purchase any food operational items with funds received	61905
into the fund from reimbursement for state surplus property.	61906

EDUCATION REIMBURSEMENT

61907

The foregoing appropriation item 470-613, Education	61908
Reimbursement, shall be used to fund the operating expenses of	61909
providing educational services to youth supervised by the	61910
Department of Youth Services. Operating expenses include, but are	61911
not limited to, teachers' salaries, maintenance costs, and	61912
educational equipment. This appropriation item shall not be used	61913
for capital expenses.	61914

FEDERAL JUVENILE JUSTICE PROGRAM TRANSFER FROM THE OFFICE OF	61915
CRIMINAL JUSTICE SERVICES TO THE DEPARTMENT OF YOUTH SERVICES	61916

Any business relating to the funds associated with the Office	61917
of Criminal Justice Services' appropriation item 196-602, Criminal	61918
Justice Federal Programs, commenced but not completed by the	61919
Office of Criminal Justice Services or its director shall be	61920
completed by the Department of Youth Services or its director in	61921
the same manner, and with the same effect, as if completed by the	61922
Office of Criminal Justice Services or its director. No	61923
validation, cure, right, privilege, remedy, obligation, or	61924
liability is lost or impaired by reason of the transfer and shall	61925
be administered by the Department of Youth Services.	61926

Any action or proceeding against the Office of Criminal	61927
Justice Services pending on the effective date of this section	61928
shall not be affected by the transfer of responsibility to the	61929
Department of Youth Services, and shall be prosecuted or defended	61930
in the name of the Department of Youth Services or its director.	61931
In all such actions and proceedings, the Department of Youth	61932
Services or its director upon application of the court shall be	61933
substituted as party.	61934

Section 112. EXPENDITURES AND APPROPRIATION INCREASES	61935
APPROVED BY THE CONTROLLING BOARD	61936

Any money that the Controlling Board approves for expenditure	61937
or any increase in appropriation authority that the Controlling	61938
Board approves pursuant to the provisions of sections 127.14,	61939
131.35, and 131.39 of the Revised Code or any other provision of	61940
law is appropriated for the period ending June 30, 2005.	61941

Section 113. PERSONAL SERVICE EXPENSES

61942

Unless otherwise prohibited by law, any appropriation from	61943
which personal service expenses are paid shall bear the employer's	61944
share of public employees' retirement, workers' compensation,	61945
disabled workers' relief, and all group insurance programs; the	61946
costs of centralized accounting, centralized payroll processing,	61947
and related personnel reports and services; the cost of the Office	61948
of Collective Bargaining; the cost of the Personnel Board of	61949
Review; the cost of the Employee Assistance Program; the cost of	61950
the affirmative action and equal employment opportunity programs	61951
administered by the Department of Administrative Services; the	61952
costs of interagency information management infrastructure; and	61953
the cost of administering the state employee merit system as	61954
required by section 124.07 of the Revised Code. These costs shall	61955
be determined in conformity with appropriate sections of law and	61956
paid in accordance with procedures specified by the Office of	61957
Budget and Management. Expenditures from appropriation item	61958
070-601, Public Audit Expense - Local Government, in Fund 422 may	61959
be exempted from the requirements of this section.	61960

Section 114. REISSUANCE OF VOIDED WARRANTS

61961

In order to provide funds for the reissuance of voided	61962
warrants pursuant to section 117.47 of the Revised Code, there is	61963
appropriated, out of moneys in the state treasury from the fund	61964
credited as provided in section 117.47 of the Revised Code, that	61965
amount sufficient to pay such warrants when approved by the Office	61966
of Budget and Management.	61967

Section 115. * CAPITAL PROJECT SETTLEMENTS

61968

This section specifies an additional and supplemental	61969
procedure to provide for payments of judgments and settlements if	61970
the Director of Budget and Management determines, pursuant to	61971
division (C)(4) of section 2743.19 of the Revised Code, that	61972
sufficient unencumbered moneys do not exist in the particular	61973
appropriation to pay the amount of a final judgment rendered	61974
against the state or a state agency, including the settlement of a	61975
claim approved by a court, in an action upon and arising out of a	61976
contractual obligation for the construction or improvement of a	61977
capital facility if the costs under the contract were payable in	61978
whole or in part from a state capital projects appropriation. In	61979
such a case, the director may either proceed pursuant to division	61980
(C)(4) of section 2743.19 of the Revised Code, or apply to the	61981
Controlling Board to increase an appropriation or create an	61982
appropriation out of any unencumbered moneys in the state treasury	61983
to the credit of the capital projects fund from which the initial	61984
state appropriation was made. The Controlling Board may approve or	61985
disapprove the application as submitted or modified. The amount of	61986
an increase in appropriation or new appropriation specified in an	61987
application approved by the Controlling Board is hereby	61988
appropriated from the applicable capital projects fund and made	61989
available for the payment of the judgment or settlement.	61990

If the director does not make the application authorized by	61991
this section or the Controlling Board disapproves the application,	61992
and the director does not make application pursuant to division	61993
(C)(4) of section 2743.19 of the Revised Code, the director shall	61994
for the purpose of making that payment make a request to the	61995
General Assembly as provided for in division (C)(5) of that	61996
section.	61997

Section 116. INCOME TAX DISTRIBUTION TO COUNTIES

61998

There are hereby appropriated out of any moneys in the state	61999
treasury to the credit of the General Revenue Fund, which are not	62000
otherwise appropriated, funds sufficient to make any payment	62001
required by division (B)(2) of section 5747.03 of the Revised	62002
Code.	62003

Section 117. SATISFACTION OF JUDGMENTS AND SETTLEMENTS	62004
AGAINST THE STATE	62005

Any appropriation may be used for the purpose of satisfying	62006
judgments or settlements in connection with civil actions against	62007
the state in federal court not barred by sovereign immunity or the	62008
Eleventh Amendment to the Constitution of the United States, or	62009
for the purpose of satisfying judgments, settlements, or	62010
administrative awards ordered or approved by the Court of Claims	62011
in connection with civil actions against the state, pursuant to	62012
section 2743.15, 2743.19, or 2743.191 of the Revised Code. This	62013
authorization does not apply to appropriations to be applied to or	62014
used for payment of guarantees by or on behalf of the state, for	62015
or relating to lease payments or debt service on bonds, notes, or	62016
similar obligations and those from the Sports Facilities Building	62017
Fund (Fund 024), the Highway Safety Building Fund (Fund 025), the	62018
Administrative Building Fund (Fund 026), the Adult Correctional	62019
Building Fund (Fund 027), the Juvenile Correctional Building Fund	62020
(Fund 028), the Transportation Building Fund (Fund 029), the Arts	62021
Facilities Building Fund (Fund 030), the Natural Resources	62022
Projects Fund (Fund 031), the School Building Program Assistance	62023
Fund (Fund 032), the Mental Health Facilities Improvement Fund	62024
(Fund 033), the Higher Education Improvement Fund (Fund 034), the	62025
Parks and Recreation Improvement Fund (Fund 035), the State	62026
Capital Improvements Fund (Fund 038), the Highway Obligation Fund	62027
(Fund 041), the Coal Research/Development Fund (Fund 046), and any	62028
other fund into which proceeds of obligations are deposited.	62029
Nothing contained in this section is intended to subject the state	62030
to suit in any forum in which it is not otherwise subject to suit,	62031
nor is it intended to waive or compromise any defense or right	62032
available to the state in any suit against it.	62033

Section 118. * UTILITY RADIOLOGICAL SAFETY BOARD ASSESSMENTS

62034

The maximum amounts that may be assessed against nuclear	62035
electric utilities in accordance with division (B)(2) of section	62036
4937.05 of the Revised Code are as follows:	62037

		FY 2004	FY 2005	62038
Department of Agriculture				62039
	Fund 4E4 Utility Radiological Safety	$73,059	$73,059	62040
Department of Health				62041
	Fund 610 Radiation Emergency Response	$923,315	$923,315	62042
Environmental Protection Agency				62043
	Fund 644 ER Radiological Safety	$281,424	$286,114	62044
Emergency Management Agency				62045
	Fund 657 Utility Radiological Safety	$1,200,000	$1,260,000	62046

Section 119. UNCLAIMED FUNDS TRANSFER

62047

Notwithstanding division (A) of section 169.05 of the Revised	62048
Code, prior to June 30, 2004, upon the request of the Director of	62049
Budget and Management, the Director of Commerce shall transfer to	62050
the General Revenue Fund up to $25,000,000 of the unclaimed funds	62051
that have been reported by the holder of unclaimed funds as	62052
provided by section 169.05 of the Revised Code, irrespective of	62053
the allocation of the unclaimed funds under that section.	62054

Section 120. GRF TRANSFER TO FUND 5N4, OAKS PROJECT	62055
IMPLEMENTATION	62056

On July 1, 2003, or as soon thereafter as possible, the	62057
Director of Budget and Management shall transfer $1,250,000 in	62058
cash from the General Revenue Fund to Fund 5N4, OAKS Project	62059
Implementation. On July 1, 2004, or as soon thereafter as	62060
possible, the Director of Budget and Management shall transfer	62061
$1,250,000 in cash from the General Revenue Fund to Fund 5N4, OAKS	62062
Project Implementation.	62063

Section 120a. FUND 4K9 TRANSFER TO GRF

62064

On July 31, 2003, or as soon thereafter as possible, the	62065
Director of Budget and Management shall transfer $2,000,000 in	62066
cash from Fund 4K9, Occupational Licensing and Regulatory Fund, to	62067
the General Revenue Fund.	62068

Section 121. CORPORATE AND UCC FILING FUND TRANSFER TO GRF

62069

Not later than the first day of June in each year of the	62070
biennium, the Director of Budget and Management shall transfer	62071
$1,000,000 from the Corporate and Uniform Commercial Code Filing	62072
Fund to the General Revenue Fund.	62073

Section 122. GENERAL OBLIGATION DEBT SERVICE PAYMENTS

62074

Certain appropriations are in this act for the purpose of	62075
paying debt service and financing costs on general obligation	62076
bonds or notes of the state issued pursuant to the Ohio	62077
Constitution and acts of the General Assembly. If it is determined	62078
that additional appropriations are necessary for this purpose,	62079
such amounts are appropriated.	62080

Section 123. LEASE PAYMENTS TO OPFC, OBA, AND TREASURER OF	62081
STATE	62082

Certain appropriations are in this act for the purpose of	62083
making lease payments pursuant to leases and agreements relating	62084
to bonds or notes issued by the Ohio Building Authority or the	62085
Treasurer of State or, previously, by the Ohio Public Facilities	62086
Commission, pursuant to the Ohio Constitution and acts of the	62087
General Assembly. If it is determined that additional	62088
appropriations are necessary for this purpose, such amounts are	62089
appropriated.	62090

Section 124. AUTHORIZATION FOR TREASURER OF STATE AND OBM TO	62091
EFFECTUATE CERTAIN DEBT SERVICE PAYMENTS	62092

The Office of Budget and Management shall initiate and	62093
process disbursements from general obligation and lease rental	62094
payment appropriation items during the period from July 1, 2003,	62095
to June 30, 2005, relating to bonds or notes issued under Sections	62096
2i, 2k, 2l, 2m, 2n, 2o, and 15 of Article VIII, Ohio Constitution,	62097
and Chapters 151., 154., and 3318. of the Revised Code.	62098
Disbursements shall be made upon certification by the Treasurer of	62099
State of the dates and amounts due on those dates.	62100

Section 125. STATE AND LOCAL REBATE AUTHORIZATION

62101

There is hereby appropriated, from those funds designated by	62102
or pursuant to the applicable proceedings authorizing the issuance	62103
of state obligations, amounts computed at the time to represent	62104
the portion of investment income to be rebated or amounts in lieu	62105
of or in addition to any rebate amount to be paid to the federal	62106
government in order to maintain the exclusion from gross income	62107
for federal income tax purposes of interest on those state	62108
obligations pursuant to section 148(f) of the Internal Revenue	62109
Code.	62110

Rebate payments shall be approved and vouchered by the Office	62111
of Budget and Management.	62112

Section 126. APPROPRIATIONS RELATED TO CASH TRANSFERS AND	62113
REESTABLISHMENT OF ENCUMBRANCES	62114

Any cash transferred by the Director of Budget and Management	62115
as provided by section 126.15 of the Revised Code is appropriated.	62116
Any amounts necessary to reestablish appropriations or	62117
encumbrances as provided in section 126.15 of the Revised Code are	62118
appropriated.	62119

Section 127. FEDERAL CASH MANAGEMENT IMPROVEMENT ACT

62120

Pursuant to the plan for compliance with the Federal Cash	62121
Management Improvement Act required by section 131.36 of the	62122
Revised Code, the Director of Budget and Management is authorized	62123
to cancel and reestablish all or parts of encumbrances in like	62124
amounts within the funds identified by the plan. The amounts	62125
necessary to reestablish all or parts of encumbrances are	62126
appropriated.	62127

Section 128. STATEWIDE INDIRECT COST RECOVERY

62128

Whenever the Director of Budget and Management determines	62129
that an appropriation made to a state agency from a fund of the	62130
state is insufficient to provide for the recovery of statewide	62131
indirect costs pursuant to section 126.12 of the Revised Code, the	62132
amount required for such purpose is appropriated from the	62133
available receipts of such fund.	62134

Section 129. GRF TRANSFERS ON BEHALF OF THE STATEWIDE	62135
INDIRECT COST ALLOCATION PLAN	62136

The total transfers made from the General Revenue Fund by the	62137
Director of Budget and Management pursuant to this section shall	62138
not exceed the amounts transferred into the General Revenue Fund	62139
pursuant to division (B) of section 126.12 of the Revised Code.	62140

A director of an agency may certify to the Director of Budget	62141
and Management the amount of expenses not allowed to be included	62142
in the Statewide Indirect Cost Allocation plan pursuant to federal	62143
regulations, from any fund included in the Statewide Indirect Cost	62144
Allocation plan, prepared as required by section 126.12 of the	62145
Revised Code.	62146

Upon determining that no alternative source of funding is	62147
available to pay for such expenses, the Director of Budget and	62148
Management may transfer from the General Revenue Fund into the	62149
fund for which the certification is made, up to the amount of the	62150
certification. The director of the agency receiving such funds	62151
shall include, as part of the next budget submission prepared	62152
pursuant to section 126.02 of the Revised Code, a request for	62153
funding for such activities from an alternative source such that	62154
further federal disallowances would not be required.	62155

Section 130. REAPPROPRIATION OF UNEXPENDED ENCUMBERED	62156
BALANCES OF OPERATING APPROPRIATIONS	62157

An unexpended balance of an operating appropriation or	62158
reappropriation that a state agency lawfully encumbered prior to	62159
the close of a fiscal year is reappropriated on the first day of	62160
July of the following fiscal year from the fund from which it was	62161
originally appropriated or reappropriated for the following period	62162
and shall remain available only for the purpose of discharging the	62163
encumbrance:	62164

(A) For an encumbrance for personal services, maintenance,	62165
equipment, or items for resale, other than an encumbrance for an	62166
item of special order manufacture not available on term contract	62167
or in the open market or for reclamation of land or oil and gas	62168
wells for a period of not more than five months from the end of	62169
the fiscal year;	62170

(B) For an encumbrance for an item of special order	62171
manufacture not available on term contract or in the open market,	62172
for a period of not more than five months from the end of the	62173
fiscal year or, with the written approval of the Director of	62174
Budget and Management, for a period of not more than twelve months	62175
from the end of the fiscal year;	62176

(C) For an encumbrance for reclamation of land or oil and gas	62177
wells, for a period ending when the encumbered appropriation is	62178
expended or for a period of two years, whichever is less;	62179

(D) For an encumbrance for any other expense, for such period	62180
as the director approves, provided such period does not exceed two	62181
years.	62182

Any operating appropriations for which unexpended balances	62183
are reappropriated beyond a five-month period from the end of the	62184
fiscal year, pursuant to division (B) of this section, shall be	62185
reported to the Controlling Board by the Director of Budget and	62186
Management by the thirty-first day of December of each year. The	62187
report on each such item shall include the item, the cost of the	62188
item, and the name of the vendor. This report to the board shall	62189
be updated on a quarterly basis for encumbrances remaining open.	62190

Upon the expiration of the reappropriation period set out in	62191
divisions (A), (B), (C), or (D) of this section, a reappropriation	62192
made pursuant to this section lapses, and the Director of Budget	62193
and Management shall cancel the encumbrance of the unexpended	62194
reappropriation not later than the end of the weekend following	62195
the expiration of the reappropriation period.	62196

Notwithstanding the preceding paragraph, with the approval of	62197
the Director of Budget and Management, an unexpended balance of an	62198
encumbrance that was reappropriated on the first day of July	62199
pursuant to this section for a period specified in division (C) or	62200
(D) of this section and that remains encumbered at the close of	62201
the fiscal biennium is hereby reappropriated pursuant to this	62202
section on the first day of July of the following fiscal biennium	62203
from the fund from which it was originally appropriated or	62204
reappropriated for the applicable period specified in division (C)	62205
or (D) of this section and shall remain available only for the	62206
purpose of discharging the encumbrance.	62207

If the Controlling Board approved a purchase, that approval	62208
remains in effect as long as the appropriation used to make that	62209
purchase remains encumbered.	62210

Section 131. FEDERAL GOVERNMENT INTEREST REQUIREMENTS

62211

Notwithstanding any provision of law to the contrary, on or	62212
before the first day of September of each fiscal year, the	62213
Director of Budget and Management, in order to reduce the payment	62214
of adjustments to the federal government, as determined by the	62215
plan prepared pursuant to division (A) of section 126.12 of the	62216
Revised Code, may designate such funds as the director considers	62217
necessary to retain their own interest earnings.	62218

Section 131A. That Section 7 of Sub. H.B. 196 of the 124th	62219
General Assembly be amended to read as follows:	62220

Sec. 7. No one-year conditional teaching permit in the area	62221
of intervention specialist shall be issued under this section	62222
later than three years after the effective date of ~~this act~~Sub.	62223
H.B. 196 of the 124th General Assembly.	62224

Unless the provisions of division (B) or (C) of section	62225
3319.31 of the Revised Code apply to an applicant, the State Board	62226
of Education shall issue a one-year conditional teaching permit in	62227
the area of intervention specialist, as defined by rule of the	62228
state board, to any applicant who meets the following conditions:	62229

(A) Holds a bachelor's degree;

62230

(B) Has successfully completed a basic skills test as	62231
prescribed by the State Board;	62232

(C) Has completed either as part of the applicant's degree	62233
program or separate from it the equivalent of at least fifteen	62234
semester hours of coursework in the principles and practices of	62235
teaching exceptional children, including such topics as child and	62236
adolescent development, diagnosis and assessment of children with	62237
disabilities, curriculum design and instruction, applied	62238
behavioral analysis, and how to best teach students from	62239
culturally diverse backgrounds with different learning styles;	62240

(D) The applicant has entered into a written agreement with	62241
the Department of Education and the school district, community	62242
school, or nonprofit or for profit entity operating an alternative	62243
school under section 3313.533 of the Revised Code that will employ	62244
the applicant under which the district, school, or entity will	62245
provide for the applicant a structured mentoring program in the	62246
teaching of exceptional children that is aligned with the	62247
performance expectations prescribed by State Board rule for	62248
entry-year teachers.	62249

(E) The applicant agrees to complete while employed under the	62250
one-year teaching permit the equivalent of an additional three	62251
semester hours of coursework in the content and methods of	62252
teaching reading. The coursework may be completed through classes	62253
offered by regional professional development providers, such as	62254
special education regional resource centers, ~~regional professional~~	62255
~~development centers,~~ educational service centers, local	62256
educational agencies, professional organizations, and institutions	62257
of higher education, if the coursework is taken for credit in	62258
collaboration with a college or university that has a teacher	62259
education program approved by the State Board.	62260

(F) The applicant agrees to seek at the conclusion of the	62261
year in which the individual is employed under the one-year	62262
teaching permit issued under this section an alternative educator	62263
license issued under section 3319.26 of the Revised Code in the	62264
area of intervention specialist. The applicant shall not be	62265
reemployed by the school district, community school, or nonprofit	62266
or for profit entity operating an alternative school under section	62267
3313.533 of the Revised Code or be employed by another such	62268
district, school, or entity unless that alternative educator	62269
license is issued to the applicant prior to the beginning of the	62270
next school year.	62271

(G) The applicant pays the fee established under section	62272
3319.51 of the Revised Code applicable to one-year conditional	62273
teaching permits issued under section 3319.302 of the Revised	62274
Code. Such fee shall be deposited in the State Board of Education	62275
Licensure Fund in accordance with division (B) of section 3319.51	62276
of the Revised Code.	62277

Section 131B. That existing Section 7 of Sub. H.B. 196 of	62278
the 124th General Assembly is hereby repealed.	62279

Section 131C. That Section 5 of Am. Sub. H.B. 524 of the	62280
124th General Assembly be amended to read as follows:	62281

Sec. 5. The items set forth in this section are hereby	62282
appropriated out of any moneys in the state treasury to the credit	62283
of the Public School Building Fund (Fund 021) that are not	62284
otherwise appropriated.	62285

Reappropriations

SFC SCHOOL FACILITIES COMMISSION

62286

CAP-622	Public School Buildings	$	~~5,000,000~~	62287
			24,000,000	62288
CAP-777	Disability Access Projects	$	~~6,000,000~~	62289
			2,000,000	62290
CAP-778	Exceptional Needs	$	24,000,000	62291
CAP-781	Big Eight Renovation Program	$	6,770,781	62292
~~CAP-783~~	~~Emergency School Building Assistance~~	$	~~15,000,000~~	62293
Total School Facilities Commission		$	56,770,781	62294
TOTAL Public School Building Fund		$	56,770,781	62295

DISABILITY ACCESS PROJECTS

62296

The amount reappropriated for appropriation item CAP-777,	62297
Disability Access Projects, shall be limited to $2,000,000 and	62298
used to fund capital projects pursuant to this section that make	62299
buildings more accessible to students with disabilities.	62300

(A) As used in this section:

62301

(1) "Percentile" means the percentile in which a school	62302
district is ranked according to the fiscal year 1998 ranking of	62303
school districts with regard to income and property wealth under	62304
division (B) of section 3318.011 of the Revised Code.	62305

(2) "School district" means a city, local, or exempted	62306
village school district, but excludes a school district that is	62307
one of the state's twenty-one urban school districts as defined in	62308
division (O) of section 3317.02 of the Revised Code as that	62309
section existed prior to July 1, 1998.	62310

(3) "Valuation per pupil" means a district's total taxable	62311
value as defined in section 3317.02 of the Revised Code divided by	62312
the district's ADM as defined in division (A) of section 3317.02	62313
of the Revised Code as that section existed prior to July 1, 1998.	62314

(B) The School Facilities Commission shall adopt rules for	62315
awarding grants to school districts with a valuation per pupil	62316
less than $200,000, to be used for construction, reconstruction,	62317
or renovation projects in classroom facilities, the purpose of	62318
which is to improve access to such facilities by physically	62319
handicapped persons. The rules shall include application	62320
procedures. No school district shall be awarded a grant under this	62321
section in excess of $100,000. In addition, any school district	62322
shall be required to pay a percentage of the cost of the project	62323
for which the grant is being awarded equal to the percentile in	62324
which the district is so ranked.	62325

Section 131D. That existing Section 5 of Am. Sub. H.B. 524 of	62326
the 124 General Assembly is hereby repealed.	62327

Section 132.01. That Sections 10 and 14 of Am. Sub. S.B. 242	62328
of the 124th General Assembly be amended to read as follows:	62329

Sec. 10. NET SCHOOLNET COMMISSION

62330

Tobacco Master Settlement Agreement Fund Group

62331

S87	228-602	Education Technology Trust Fund	$	16,500,000	$	16,500,000	62332
TOTAL TSF Tobacco Master							62333
Settlement Agreement Fund							62334
Group			$	16,500,000	$	16,500,000	62335
TOTAL ALL BUDGET FUND GROUPS			$	16,500,000	$	16,500,000	62336

EDUCATION TECHNOLOGY TRUST FUND

62337

The foregoing appropriation item 228-602, Education	62338
Technology Trust Fund, shall be used by the SchoolNet Commission	62339
for grants to school districts and other entities and for the	62340
costs of administering these grants. Of the total amount for	62341
grants, $1,917,293 in fiscal year 2003 shall be used for the Ohio	62342
ONEnet project, $909,247 in fiscal year 2003 shall be used for the	62343
INFOhio Network, $298,750 in fiscal year 2003 shall be used for	62344
the JASON Project, $1,000,000 in fiscal year 2003 shall be used	62345
for RISE Learning Solutions, and $200,000 in fiscal year 2003	62346
shall be used for the Stark County School Teacher Technical	62347
Training Center. The remaining amount for grants shall be made to	62348
school districts.	62349

The JASON Project shall provide funding for statewide access	62350
and a seventy-five per cent subsidy for statewide licensing of	62351
JASON content for 90,000 middle school students statewide, and	62352
professional development for teachers participating in the JASON	62353
Project.	62354

It is the intent of the General Assembly that the SchoolNet	62355
Commission, in conjunction with RISE Learning Solutions, shall	62356
develop a program that may be conducted in conjunction with	62357
state-supported technology programs, including, but not limited	62358
to, SchoolNet Commission appropriation item 228-406, Technical and	62359
Instructional Professional Development, and appropriation item	62360
228-539, Education Technology, and that shall be designed to	62361
educate preschool staff members and providers on developmentally	62362
appropriate teaching methods, behavior guidance, and literacy and	62363
to involve parents more closely in the education and development	62364
of their children. The program shall include an interactive	62365
instructional component, delivered using satellite television,	62366
Internet, and with facilitation, and shall be distributed to	62367
program participants using the established satellite receiver	62368
dishes on public schools, Head Start centers, and childcare	62369
centers at up to 100 locations throughout the state. The	62370
interactive instructional component of the program shall be	62371
developed to enhance the professional development, training, and	62372
performance of preschool staff members, the education and	62373
care-giving skills of the parents of preschool children, and the	62374
preparation of preschool-age children for learning.	62375

The program shall utilize the grant to continue a	62376
direct-service component that shall include at least three	62377
teleconferences that may be distributed by Ohio-based public	62378
television utilizing satellite or microwave technology in a manner	62379
designed to promote interactive communications between the program	62380
participants located at subsites within the Ohio Educational	62381
Broadcast Network or as determined by the commission. Program	62382
participants shall communicate with trainers and participants at	62383
other program sites through telecommunications and facsimile and	62384
on-line computer technology. As much as possible, the	62385
direct-service component shall utilize systems currently available	62386
in state-supported technology programs and conduct the component	62387
in a manner that promotes innovative, interactive communications	62388
between program participants at all the sites. Parent support	62389
groups and teacher training sessions shall supplement the	62390
teleconferences and shall occur on a local basis.	62391

RISE Learning Solutions may subcontract components of the	62392
program.	62393

Individuals eligible to participate in the program include	62394
those children, their parents, custodians, or guardians, and	62395
preschool staff members who are eligible to participate in a	62396
preschool program as defined in division (A) of section 3301.52	62397
and section 5104.02 of the Revised Code.	62398

The components of the program, including two that shall be	62399
developed in support of teacher proficiency in teaching reading to	62400
prekindergarten and kindergarten to third grade students, at the	62401
direction of the Department of Education, may include: two	62402
three-hour broadcast seminars from a central up-link station,	62403
distributed in up to 88 counties; high production-value video	62404
sought in various locations; and direct interactive adult learning	62405
activities. These two components shall include development of	62406
workbooks and involve at least three small, group-facilitated	62407
follow-up discussion workshops and development and distribution of	62408
at least two home videos. The program shall also provide Internet	62409
access, interactive lines, bulletin board, and CD-ROM.	62410

Upon completion of each of the school years for which the	62411
grant was made, RISE Learning Solutions shall issue a report to	62412
the commission and members of the General Assembly explaining the	62413
goals and objectives determined, the activities implemented, the	62414
progress made toward the achievement of the goals and objectives,	62415
and the outcome of the program.	62416

The commission shall use the remaining appropriation	62417
authority in fiscal year 2003 and appropriation authority granted	62418
in fiscal year 2004 to establish and equip, through the SchoolNet	62419
Plus Program, at least one interactive computer station for each	62420
five children enrolled in the sixth grade as determined by a	62421
three-year average adjusted per pupil property valuation pursuant	62422
to division (A) of section 3317.03 of the Revised Code. Districts	62423
in the first two quartiles of wealth shall receive up to $380 per	62424
pupil for students in grade six to purchase classroom computers	62425
for the sixth grade. Districts in the third and fourth quartile	62426
shall receive ~~approximately~~up to $188 per sixth grade pupil. If a	62427
district has met the state's goal of one computer to every five	62428
students, the district may use funds provided through the	62429
SchoolNet Plus Program to purchase computers for grade seven or to	62430
fulfill educational technology needs on other grades as specified	62431
in the district's technology plan. When there is at least one	62432
computer for each five children enrolled in the sixth grade,	62433
SchoolNet shall use any remaining funds appropriated to establish	62434
and equip at least one interactive computer workstation for each	62435
five children enrolled in the seventh grade as determined by the	62436
previously defined formula.	62437

Sec. 14. All items set forth in this section are hereby	62438
appropriated out of any moneys in the state treasury to the credit	62439
of the Education Facilities Trust Fund (Fund N87) that are not	62440
otherwise appropriated.	62441

Appropriations

SFC SCHOOL FACILITIES COMMISSION

62442

CAP-780	Classroom Facilities Assistance Program	$	~~148,400,000~~ 25,600,000	62443
Total School Facilities Commission		$	~~148,400,000~~ 25,600,000	62444
TOTAL Education Facilities Trust Fund		$	~~148,400,000~~ 25,600,000	62445

Section 132.02. That existing Sections 10 and 14 of Am. Sub.	62447
S.B. 242 of the 124th General Assembly is hereby repealed.	62448

Section 132.03. That Section 3 of Am. Sub. H.B. 215 of the	62449
122nd General Assembly, as most recently amended by Am. Sub. H.B.	62450
94 of the 124th General Assembly, be amended to read as follows:	62451

Sec. 3. Section 1751.68 of the Revised Code is hereby	62452
repealed, effective October 16, ~~2003~~2005.	62453

Section 132.04. That existing Section 3 of Am. Sub. H.B. 215	62454
of the 122nd General Assembly, as most recently amended by Am.	62455
Sub. H.B. 94 of the 124th General Assembly, is hereby repealed.	62456

Section 132.05. * That Section 3 of Am. Sub. H.B. 621 of the	62457
122nd General Assembly, as most recently amended by Am. Sub. H.B.	62458
94 of the 124th General Assembly, be amended to read as follows:	62459

Sec. 3. That sections 166.031, 901.80, 901.81, 901.82, and	62460
901.83 of the Revised Code are hereby repealed, effective ~~July 1,~~	62461
~~2003~~October 15, 2005.	62462

Section 132.06. * That existing Section 3 of Am. Sub. H.B.	62463
621 of the 122nd General Assembly, as most recently amended by Am.	62464
Sub. H.B. 94 of the 124th General Assembly, is hereby repealed.	62465

Section 132.07. That Section 153 of Am. Sub. H.B. 117 of the	62466
121st General Assembly, as most recently amended by Am. Sub. H.B.	62467
94 of the 124th General Assembly, be amended to read as follows:	62468

Sec. 153. (A) Sections 5112.01, 5112.03, 5112.04, 5112.05,	62469
5112.06, 5112.07, 5112.08, 5112.09, 5112.10, 5112.11, 5112.18,	62470
5112.19, 5112.21, and 5112.99 of the Revised Code are hereby	62471
repealed, effective October 16, ~~2003~~2005.	62472

(B) Any money remaining in the Legislative Budget Services	62473
Fund on October 16, ~~2003~~2005, the date that section 5112.19 of	62474
the Revised Code is repealed by division (A) of this section,	62475
shall be used solely for the purposes stated in then former	62476
section 5112.19 of the Revised Code. When all money in the	62477
Legislative Budget Services Fund has been spent after then former	62478
section 5112.19 of the Revised Code is repealed under division (A)	62479
of this section, the fund shall cease to exist.	62480

Section 132.08. That existing Section 153 of Am. Sub. H.B.	62481
117 of the 121st General Assembly, as most recently amended by Am.	62482
Sub. H.B. 94 of the 124th General Assembly, is hereby repealed.	62483

Section 132.09. That Section 27 of Sub. H.B. 670 of the 121st	62484
General Assembly, as amended by Sub. H.B. 548 of the 123rd General	62485
Assembly, be amended to read as follows:	62486

Sec. 27. The following agencies shall be retained pursuant	62487
to division (D) of section 101.83 of the Revised Code and shall	62488
expire on December 31, 2004:	62489

	REVISED CODE OR	62490
	~~UNCODIFEID~~ UNCODIFIED	62491
AGENCY NAME	SECTION	62492

Advisory Council on Amusement Ride Safety	1711.51	62493
Advisory Board of Directors for Prison Labor	5145.162	62494
Appalachian Public Facilities Council	Sec. 3, H.B. 280, 121st GA	62495
Apprenticeship Council	4111.26	62496
Armory Board of Control	5911.09	62497
Banking Commission	1123.01	62498
Board of Voting Machine Examiners	3506.05(B)	62499
Board of Governors, Medical Malpractice Joint Underwriting Association	3929.77	62500
Board of Tax Appeals	5703.02	62501
Brain Injury Advisory Committee ~~Committee~~	3304.231 ~~3304.231~~	62502
Capitol Square Review and Advisory Board	105.41	62503
Child Support Guideline Advisory Council	3113.215(G)	62504
Children's Trust Fund Board	3109.15	62505
Citizen's Advisory Council (Dept. of Mental Retardation and Developmental Disabilities)	5123.092	62506
Citizen's Advisory Council (Dept. of Mental Health)	5119.81	62507
Civilian Conservation Advisory Committee	1553.10	62508
Coastal Resources Advisory Council	1506.12	62509
~~Commission on African-American Males~~	~~4112.12~~	62510
Commission on Hispanic-Latino Affairs	121.31	62511
Commodity Advisory Commission	926.32	62512
Community Mental Retardation and Developmental Disabilities Trust Fund Advisory Council	5123.353	62513
Continuing Education Committee (for sheriffs)	109.80	62514
Controlling Board	127.12	62515
Council on Alcohol and Drug Addiction Services	3793.09	62516
Council on Unreclaimed Strip Mine Lands	1513.29	62517
County Sheriffs' Standard Car Marking and Uniform Commission	311.25	62518
Criminal Sentencing Advisory Committee	181.22	62519
Day-Care Advisory Council	5104.08	62520
Development Financing Advisory Council	122.40	62521
Electrical Safety Inspector Advisory Committee	3783.08	62522
Engineering Experiment Station Advisory Committee	3335.27	62523
Environmental Review Appeals Commission	3745.02	62524
Environmental Education Council	3745.21	62525
Forestry Advisory Council	1503.40	62526
Governor's Community Service Council	121.40	62527
Governor's Council on People with Disabilities	3303.41	62528
~~Hazardous Waste Facility Board~~	~~3734.05~~	62529
Health Care Quality Advisory Council	4121.442	62530
Health Data Advisory Committee	3729.61	62531
Hemophilia Advisory Council	3701.145	62532
Historic Site Preservation Advisory Board	149.301	62533
Home Health Agency Advisory Council	3701.88	62534
Hospital Advisory Committee and the Medical Advisory Committee of the Joint Underwriting Association Board of Governors	3929.76	62535
Industrial Commission	4121.02	62536
Industrial Commission Nominating Council	4121.04	62537
Industrial Technology and Enterprise Advisory Council	122.29	62538
Insurance Agent Education Advisory Council	3905.483	62539
Interagency Recycling Market Development Workgroup	1502.10	62540
Joint Select Committee on Volume Cap	133.021	62541
Labor-Management Government Advisory Council	4121.70	62542
Legal Rights Service Commission	5123.60	62543
Martha Kinney Cooper Ohioana Library Association Board of Trustees	3375.62	62544
Maternal and Child Health Council	3701.025	62545
Medicaid Long-Term Care Reimbursement Study Council	5111.34	62546
Medically Handicapped Children's Medical Advisory Council	3701.025	62547
Milk Sanitation Board	917.03	62548
Mine Subsidence Insurance Governing Board	3929.51	62549
Multi-Agency Radio Communication Systems Steering Committee	Sec. 21, H.B. 790, 120th GA	62550
Multidisciplinary Council	3746.03	62551
National Museum of Afro-American History and Culture Planning Committee	149.303	62552
Ohio Advisory Council for the Aging	173.03	62553
Ohio Arts Council	3379.02	62554
Ohio Arts and Sports Facilities Commission	3383.02	62555
Ohio Benefit Systems Data Linkage Committee	125.24	62556
Ohio Bicentennial Commission	149.32	62557
Ohio Cemetery Dispute Resolution Commission	4767.05	62558
Ohio Commission on Dispute Resolution and Conflict Management	179.02	62559
Ohio Educational Telecommunications Network Commission	3353.02	62560
Ohio Ethics Commission	102.05	62561
Ohio Expositions Commission	991.02	62562
Ohio Family and Children First Cabinet Council	121.37	62563
Ohio Geology Advisory Council	1505.11	62564
Ohio Grape Industries Committee	924.51	62565
Ohio Historical Society Board of Trustees	149.30	62566
Ohio Lake Erie Commission	1506.21	62567
Ohio Medical Quality Foundation	3701.89	62568
Ohio Natural Areas Council	1517.03	62569
Ohio Parks and Recreation Council	1541.40	62570
Ohio Peace Officer Training Commission	109.71	62571
Ohio Public Defender Commission	120.01	62572
Ohio Quarter Horse Development Commission	3769.086	62573
Ohio Scenic Rivers Advisory Councils	1517.18	62574
Ohio Small Government Capital Improvements Commission	164.02	62575
Ohio Soil and Water Conservation Commission	1515.02	62576
Ohio Standardbred Development Commission	3769.085	62577
Ohio Steel Industry Advisory Council	122.97	62578
Ohio Teacher Education and Licensure Advisory Council	3319.28(D)	62579
Ohio Thoroughbred Racing Advisory Committee	3769.084	62580
Ohio Tuition Trust Authority	3334.03	62581
Ohio University College of Osteopathic Medicine Advisory Committee	3337.10	62582
Ohio Vendors Representative Committee	3304.34	62583
Ohio Veterans' Home Board of Trustees	5907.02	62584
Ohio War Orphans Scholarship Board	5910.02	62585
Ohio Water Advisory Council	1521.031	62586
Oil and Gas Commission	1509.35	62587
Organized Crime Investigations Commission	177.01	62588
Parole Board	5149.10	62589
Pharmacy and Therapeutics Committee of the Dept. of Human Services	5111.81	62590
Physical Fitness and Sports Advisory Board	3701.77	62591
Power Siting Board	4906.02	62592
Private Water Systems Advisory Council	3701.346	62593
Public Employment Risk Reduction Advisory Commission	4167.02	62594
Public Utilities Commission Nominating Council	4901.021	62595
Reclamation Commission	1513.05	62596
Recreation and Resources Commission	1501.04	62597
Recycling and Litter Prevention Advisory Council	1502.04	62598
Rehabilitation Services Commission Consumer Advisory Committee	3304.24	62599
Select Commission on Pyrotechnics	Sec. 3, H.B. 508, 119th GA	62600
Services Committee of the Workers' Compensation System	4121.06	62601
Set Aside Review Board	123.151(C)(4)	62602
Small Business Stationary Source Technical and Environmental Compliance Assistance Council	3704.19	62603
Solid Waste Management Advisory Council	3734.51	62604
State Board of Deposit	135.02	62605
State Board of Library Examiners	3375.47	62606
State Council of Uniform State Laws	105.21	62607
State Committee for the Purchase of Products and Services of Persons with Severe Disabilities	4115.32	62608
State Criminal Sentencing Commission	181.21	62609
State Fire Commission	3737.81	62610
State and Local Government Commission of Ohio	105.45	62611
State Victims Assistance Advisory Committee	109.91	62612
Student Tuition Recovery Authority	3332.081	62613
Subcommittee of the State Board of Emergency Medical Services for Firefighter and Fire Safety Inspector Training	4765.55	62614
Submerged Lands Advisory Council	1506.37	62615
Tax Credit Authority	122.17	62616
Technical Advisory Committee to assist the Director of the Ohio Coal Development Office	1551.35	62617
Technical Advisory Council on Oil and Gas	1509.38	62618
Technology Advisory Committee (for Education)	Sec. 45.01, H.B. 117, 121st GA	62619
Unemployment Compensation Review Commission	4141.06	62620
Unemployment Compensation Advisory Council	4141.08	62621
Utility Radiological Safety Board	4937.02	62622
Veterans Advisory Committee	5902.02(K)	62623
Water and Sewer Commission	1525.11(C)	62624
Waterways Safety Council	1547.73	62625
Welfare Oversight Council	5101.93	62626
Wildlife Council	1531.03	62627
Workers' Compensation System Oversight Committee	Sec. 10, H.B. 222, 118th GA	62628
Wright-Dunbar State Heritage Commission	149.321	62629

Section 132.10. That existing Section 27 of Sub. H.B. 670 of	62630
the 121st General Assembly, as amended by Sub. H.B. 548 of the	62631
123rd General Assembly, is hereby repealed.	62632

Section 132.11. That Section 5 of Am. Sub. S.B. 50 of the	62633
121st General Assembly, as most recently amended by Am. Sub. H.B.	62634
94 of the 124th General Assembly, be amended to read as follows:	62635

Sec. 5. Sections 3 and 4 of Am. Sub. S.B. 50 of the 121st	62636
General Assembly shall take effect July 1, ~~2003~~2005.	62637

Section 132.12. That existing Section 5 of Am. Sub. S.B. 50	62638
of the 121st General Assembly, as most recently amended by Am.	62639
Sub. H.B. 94 of the 124th General Assembly, is hereby repealed.	62640

Section 132.14. Section 129 of Am. Sub. H.B. 283 of the 123rd	62641
General Assembly as amended by Am. Sub. H.B. 94 of the 124th	62642
General Assembly is hereby repealed.	62643

Section 132.14A. Section 3 of Sub. H.B. 403 of the 123rd	62644
General Assembly is hereby repealed.	62645

Section 132.15. * The amendment of sections 4779.08 to	62646
4779.12, 4779.15 to 4779.18, 4779.20 to 4779.27, 4779.30, 4779.32,	62647
and 4779.33 of the Revised Code is not intended to supersede the	62648
earlier repeal, with delayed effective date, of those sections.	62649

Section 132.16. That Section 11 of Am. Sub. S.B. 50 of the	62650
121st General Assembly, as amended by Am. Sub. H.B. 405 of the	62651
124th General Assembly, is hereby repealed.	62652

Section 133. TRANSFERS FROM THE TOBACCO MASTER SETTLEMENT	62653
AGREEMENT FUND TO THE GENERAL REVENUE FUND	62654

Notwithstanding section 183.02 of the Revised Code, on or	62655
before June 30, 2004, the Director of Budget and Management may	62656
transfer up to $242,800,000 to the General Revenue Fund from the	62657
Tobacco Master Settlement Agreement Fund (Fund 087), as provided	62658
in divisions (A) and (B) of this section:	62659

(A) Up to $120,000,000 of the revenue that otherwise would be	62660
transferred from the Tobacco Master Settlement Agreement Fund to	62661
the Tobacco Use Prevention and Cessation Trust Fund (Fund H87)	62662
shall instead be transferred to the General Revenue Fund. Of the	62663
tobacco revenue that is credited to the Tobacco Master Settlement	62664
Agreement Fund in fiscal year 2004, the share that is determined	62665
pursuant to section 183.02 of the Revised Code to be the amount to	62666
be transferred by the Director of Budget and Management from the	62667
Tobacco Master Settlement Agreement Fund to the Tobacco Use	62668
Prevention and Cessation Trust Fund shall be reduced by the amount	62669
that is transferred from the Tobacco Master Settlement Agreement	62670
Fund to the General Revenue Fund in accordance with this division.	62671

(B) Up to $122,800,000 of the revenue that otherwise would be	62672
transferred form the Tobacco Master Settlement Agreement Fund to	62673
the Education Facilities Trust Fund (Fund N87) shall instead be	62674
transferred to the General Revenue Fund. Of the tobacco revenue	62675
that is credited to the Tobacco Master Settlement Agreement Fund	62676
in fiscal year 2004, the share that is determined pursuant to	62677
section 183.02 of the Revised Code to be the amount to be	62678
transferred by the Director of Budget and Management from the	62679
Tobacco Master Settlement Agreement Fund to the Education	62680
Facilities Trust Fund shall be reduced by the amount that is	62681
transferred from the Tobacco Master Settlement Agreement Fund to	62682
the General Revenue Fund in accordance with this division.	62683

Section 134. TEMPORARY ADJUSTMENT TO LOCAL GOVERNMENT	62684
DISTRIBUTIONS	62685

(A) On or before the seventh day of each month of the period	62686
July 2003 through June 2005, the Tax Commissioner shall determine	62687
and certify to the Director of Budget and Management the amount to	62688
be credited, by tax, during that month to the Local Government	62689
Fund, to the Library and Local Government Support Fund, and to the	62690
Local Government Revenue Assistance Fund, respectively, pursuant	62691
to divisions (B), (C), and (D) of this section.	62692

(B) Notwithstanding section 5727.84 of the Revised Code to	62693
the contrary, for the period July 1, 2003, through June 30, 2005,	62694
no amounts shall be credited to the Local Government Fund or to	62695
the Local Government Revenue Assistance Fund from the kilowatt	62696
hour tax, and such amounts that would have otherwise been required	62697
to be credited to such funds shall instead be credited to the	62698
General Revenue Fund. Notwithstanding sections 5727.45, 5733.12,	62699
5739.21, 5741.03, and 5747.03 of the Revised Code to the contrary,	62700
for each month in the period July 1, 2003, through June 30, 2005,	62701
from the public utility excise, corporate franchise, sales, use,	62702
and personal income taxes collected;	62703

(1) An amount shall first be credited to the Local Government	62704
Fund that equals the amount credited to that fund from that tax	62705
according to the schedule in division (C) of this section.	62706

(2) An amount shall next be credited to the Local Government	62707
Revenue Assistance Fund that equals the amount credited to that	62708
fund from that tax according to the schedule in division (C) of	62709
this section.	62710

(3) An amount shall next be credited to the Library and Local	62711
Government Support Fund that equals the amount credited to that	62712
fund from that tax according to the schedule in division (C) of	62713
this section. For purposes of determining the amount to be	62714
credited to the Library and Local Government Support Fund in each	62715
month of fiscal year 2004 pursuant to division (C) of this	62716
section, the amount credited in fiscal year 2003 shall be before	62717
the transfer made from the Library and Local Government Support	62718
Fund to the OPLIN Technology Fund under Section 70 of Am. Sub.	62719
H.B. 94 of the 124th General Assembly. For purposes of determining	62720
the amount to be credited to the Library and Local Government	62721
Support Fund in each month of fiscal year 2005 pursuant to	62722
division (C) of this section, the amount credited in fiscal year	62723
2004 shall be before any transfer required to be made from the	62724
Library and Local Government Support Fund to the OPLIN Technology	62725
Fund.	62726

(C) The amounts shall be credited from each tax to each	62727
respective fund as follows:	62728

(1) In July 2003, one hundred two per cent of the amount	62729
credited in July 2002; in July 2004, one hundred two per cent of	62730
the amount credited in July 2003;	62731

(2) In August 2003, one hundred two per cent of the amount	62732
credited in August 2002; in August 2004, one hundred two per cent	62733
of the amount credited in August 2003;	62734

(3) In September 2003, one hundred two per cent of the amount	62735
credited in September 2002; in September 2004, one hundred two per	62736
cent of the amount credited in September 2003;	62737

(4) In October 2003, one hundred two per cent of the amount	62738
credited in October 2002; in October 2004, one hundred two per	62739
cent of the amount credited in October 2003;	62740

(5) In November 2003, one hundred two per cent of the amount	62741
credited in November 2002; in November 2004, one hundred two per	62742
cent of the amount credited in November 2003;	62743

(6) In December 2003, one hundred two per cent of the amount	62744
credited in December 2002; in December 2004, one hundred two per	62745
cent of the amount credited in December 2003;	62746

(7) In January 2004, one hundred two per cent of the amount	62747
credited in January 2003; in January 2005, one hundred two per	62748
cent of the amount credited in January 2004;	62749

(8) In February 2004, one hundred two per cent of the amount	62750
credited in February 2003; in February 2005, one hundred two per	62751
cent of the amount credited in February 2004;	62752

(9) In March 2004, one hundred two per cent of the amount	62753
credited in March 2003; in March 2005, one hundred two per cent of	62754
the amount credited in March 2004;	62755

(10) In April 2004, one hundred two per cent of the amount	62756
credited in April 2003; in April 2005, one hundred two per cent of	62757
the amount credited in April 2004;	62758

(11) In May 2004, one hundred two per cent of the amount in	62759
division (C)(11)(a) of this section; in May 2005, one hundred two	62760
per cent of the amount in division (C)(11)(b) of this section;	62761

(a) The amount credited in May 2003, less any amount reduced	62762
pursuant to division (D)(4) of Section 140 of Am. Sub. H.B. 94 of	62763
the 124th General Assembly, as amended by Am. Sub. H.B. 405 of the	62764
124th General Assembly and as amended by Am. Sub. H.B. 390 of the	62765
124th General Assembly;	62766

(b) The amount credited in May 2004.

62767

(12) In June 2004, one hundred two per cent of the amount in	62768
division (C)(12)(a) of this section, less any reduction required	62769
under division (D)(1) of this section; in June 2005, one hundred	62770
two per cent of the amount in division (C)(12)(b) of this section,	62771
less any reduction required under division (D)(2) of this section;	62772

(a) The amount credited in June 2003 before any reduction	62773
made pursuant to division (D)(4) of Section 140 of Am. Sub. H.B.	62774
94 of the 124th General Assembly, as amended by Am. Sub. H.B. 405	62775
of the 124th General Assembly and as amended by Am. Sub. H.B. 390	62776
of the 124th General Assembly;	62777

(b) The amount credited in June 2004.

62778

(D) The Tax Commissioner shall do each of the following:

62779

(1) By June 7, 2004, the commissioner shall subtract the	62780
amount calculated in division (D)(1)(b) of this section from the	62781
amount calculated in division (D)(1)(a) of this section. If the	62782
amount in division (D)(1)(a) of this section is greater than the	62783
amount in division (D)(1)(b) of this section, then such difference	62784
shall be subtracted from the total amount of income tax revenue	62785
credited to the Local Government Fund, the Local Government	62786
Revenue Assistance Fund, and the Library and Local Government	62787
Support Fund in June 2004. An amount shall be subtracted from	62788
income tax revenue credited to the Local Government Fund, the	62789
Local Government Revenue Assistance Fund, or the Library and Local	62790
Government Support Fund only if, and according to the proportion	62791
by which, such fund contributed to the result that the amount in	62792
division (D)(1)(a) of this section exceeds the amount in division	62793
(D)(1)(b) of this section.	62794

(a) The sum of all money credited to the Local Government	62795
Fund, the Local Government Revenue Assistance Fund, and the	62796
Library and Local Government Support Fund from July 2003 through	62797
May 2004;	62798

(b) The sum of all money that would have been credited to the	62799
Local Government Fund, the Local Government Revenue Assistance	62800
Fund, and the Library and Local Government Support Fund from July	62801
2003 through May 2004, if sections 5727.45, 5727.84, 5733.12,	62802
5739.21, 5741.03, and 5747.03 of the Revised Code were in effect	62803
during this period.	62804

(2) By June 7, 2005, the commissioner shall subtract the	62805
amount calculated in division (D)(2)(b) of this section from the	62806
amount calculated in division (D)(2)(a) of this section. If the	62807
amount in division (D)(2)(a) of this section is greater than the	62808
amount in division (D)(2)(b) of this section, then such difference	62809
shall be subtracted from the total amount of income tax revenue	62810
credited to the Local Government Fund, the Local Government	62811
Revenue Assistance Fund, and the Library and Local Government	62812
Support Fund in June 2005. An amount shall be subtracted from	62813
income tax revenue credited to the Local Government Fund, the	62814
Local Government Revenue Assistance Fund, or the Library and Local	62815
Government Support Fund only if, and according to the proportion	62816
by which, such fund contributed to the result that the amount in	62817
division (D)(2)(a) of this section exceeds the amount in division	62818
(D)(2)(b) of this section.	62819

(a) The sum of all money credited to the Local Government	62820
Fund, the Local Government Revenue Assistance Fund, and the	62821
Library and Local Government Support Fund from June 2004 through	62822
May 2005;	62823

(b) The sum of all money that would have been credited to the	62824
Local Government Fund, the Local Government Revenue Assistance	62825
Fund, and the Library and Local Government Support Fund from June	62826
2004 through May 2005, if sections 5727.45, 5727.84, 5733.12,	62827
5739.21, 5741.03, and 5747.03 of the Revised Code were in effect	62828
during this period.	62829

(3) On the advice of the Tax Commissioner, during any month	62830
other than June 2004 or June 2005 of the period July 1, 2003,	62831
through July 31, 2005, the Director of Budget and Management may	62832
reduce the amounts that are to be otherwise credited to the Local	62833
Government Fund, Local Government Revenue Assistance Fund, or	62834
Library and Local Government Support Fund in order to accomplish	62835
more effectively the purposes of the adjustments in divisions	62836
(D)(1) and (2) of this section. If the respective calculations	62837
made in June 2004 and June 2005 pursuant to divisions (D)(1) and	62838
(2) of this section indicate that excess reductions had been made	62839
during the previous months, such excess amounts shall be credited,	62840
as appropriate, to the Local Government Fund, Local Government	62841
Revenue Assistance Fund, and Library and Local Government Support	62842
Fund.	62843

(E) Notwithstanding any other provision of law to the	62844
contrary, the total amount credited to each fund in each month	62845
during the period July 2003 through June 2005 shall be distributed	62846
by the tenth day of the immediately succeeding month in the	62847
following manner:	62848

(1) Each county undivided local government fund shall receive	62849
a distribution from the Local Government Fund based on its	62850
proportionate share of the total amount received from the fund in	62851
such respective month for the period July 1, 2002, through June	62852
30, 2003.	62853

(2) Each municipality receiving a direct distribution from	62854
the Local Government Fund shall receive a distribution based on	62855
its proportionate share of the total amount received from the fund	62856
in such respective month for the period July 1, 2002, through June	62857
30, 2003.	62858

(3) Each county undivided local government revenue assistance	62859
fund shall receive a distribution from the Local Government	62860
Revenue Assistance Fund based on its proportionate share of the	62861
total amount received from the fund in such respective month for	62862
the period July 1, 2002, through June 30, 2003.	62863

(4) Each county undivided library and local government	62864
support fund shall receive a distribution from the Library and	62865
Local Government Support Fund based on its proportionate share of	62866
the total amount received from the fund in such respective month	62867
for the period July 1, 2002, through June 30, 2003.	62868

(F) For the 2003, 2004, and 2005 distribution years, the Tax	62869
Commissioner is not required to issue the certifications otherwise	62870
required by sections 5747.47, 5747.501, 5747.51, and 5747.61 of	62871
the Revised Code, but shall provide to each county auditor by the	62872
twentieth day of July 2003, July 2004, and July 2005 an estimate	62873
of the amounts to be received by the county in the ensuing year	62874
from the Local Government Fund, Local Government Revenue	62875
Assistance Fund, and Library and Local Government Support Fund	62876
pursuant to this section and any pertinent section of the Revised	62877
Code. The Tax Commissioner may choose to report to each county	62878
auditor a revised estimate of the 2003, 2004, or 2005	62879
distributions at any time during the period July 1, 2003, through	62880
July 31, 2005.	62881

(G) If provisions of H.B. 40 of the 124th General Assembly	62882
are enacted that authorize reductions in the amounts credited to	62883
the Local Government Fund, Local Government Revenue Assistance	62884
Fund, and Library and Local Government Support Fund during fiscal	62885
year 2003, the fiscal year 2003 amounts used in determining the	62886
amounts credited to such funds during fiscal year 2004 pursuant to	62887
division (C) of this section shall be before any such reductions.	62888

(H) During the period July 1, 2003, through July 31, 2005,	62889
the Director of Budget and Management shall issue those directives	62890
to state agencies that are necessary to ensure that the	62891
appropriate amounts are distributed to the Local Government Fund,	62892
to the Local Government Revenue Assistance Fund, and to the	62893
Library and Local Government Support Fund.	62894

Section 135. TRANSFER TO THE BUDGET STABILIZATION FUND

62895

On or before June 30, 2005, the Director of Budget and	62896
Management shall transfer $100,000,000 from the General Revenue	62897
Fund to the Budget Stabilization Fund (Fund 013).	62898

Section 136. * BOND MONEY APPROPRIATION TO SFC

62899

All items set forth in this section are hereby appropriated	62900
out of any moneys in the state treasury to the credit of the	62901
School Building Program Assistance Fund (Fund 032), created under	62902
section 3318.25 of the Revised Code, derived from the proceeds of	62903
obligations heretofore and herein authorized to pay the cost of	62904
facilities for a system of common schools throughout the state for	62905
the period beginning July 1, 2002, and ending June 30, 2004. The	62906
appropriation shall be in addition to any other appropriation for	62907
this purpose.	62908

Appropriations

SFC SCHOOL FACILITIES COMMISSION

62909

CAP-770	School Building Program Assistance	$	122,800,000	62910
Total School Facilities Commission		$	122,800,000	62911
TOTAL School Building Program Assistance Fund		$	122,800,000	62912

* SCHOOL BUILDING PROGRAM ASSISTANCE

62913

The foregoing appropriation item CAP-770, School Building	62914
Program Assistance, shall be used by the School Facilities	62915
Commission to provide funding to school districts that receive	62916
conditional approval from the Commission pursuant to Chapter 3318.	62917
of the Revised Code. Expenditures from appropriations contained in	62918
this section may be accounted for as though made for the fiscal	62919
year 2003-2004 biennium in H.B. 675 of the 124th General Assembly.	62920
The School Facilities Commission shall not commit any of the	62921
appropriations made in this section until after April 1, 2004.	62922

* BOND ISSUANCE AUTHORITY

62923

The Ohio Public Facilities Commission is hereby authorized to	62924
issue and sell, in accordance with the provisions of Section 2n of	62925
Article VIII, Ohio Constitution, and Chapter 151. and particularly	62926
sections 151.01 and 151.03 of the Revised Code, original	62927
obligations in an aggregate principal amount not to exceed	62928
$123,000,000, in addition to the original issuance of obligations	62929
heretofore authorized by prior acts of the General Assembly. The	62930
authorized obligations shall be issued, subject to applicable	62931
constitutional and statutory limitations, to pay the costs to the	62932
state of previously authorized capital facilities and the capital	62933
facilities authorized in this section for the School Building	62934
Program Assistance Fund pursuant to Chapter 3318. of the Revised	62935
Code.	62936

Section 136A. (A) On the effective date of this section, the	62937
following programs administered by the Ohio School Facilities	62938
Commission are terminated:	62939

(1) The Short-Term Loan Program established by Section 10.01	62940
of Am. Sub. H.B. 282 of the 123rd General Assembly;	62941

(2) The Extreme Environmental Contamination Program	62942
established by Section 10.02 of Am. Sub. H.B. 282 of the 123rd	62943
General Assembly, as subsequently amended;	62944

(3) The Emergency School Repair Program codified in section	62945
3318.35 of the Revised Code;	62946

(4) The School Building Emergency Assistance Program codified	62947
in section 3318.351 of the Revised Code.	62948

No new school district shall be served under any of these	62949
programs. The Commission may continue serving school districts	62950
that were receiving assistance under any of these programs before	62951
the effective date of this section in accordance with terms and	62952
agreements in effect on that date.	62953

(B) On March 31, 2004, the Disability Access Program	62954
established by Section 50.15 of Am. Sub. H.B. 215 of the 122nd	62955
General Assembly, Section 5 of Am. Sub. S.B. 102 of the 122nd	62956
General Assembly, as subsequently amended, Section 10 of Am. Sub.	62957
H.B. 282 of the 123rd General Assembly, as subsequently amended,	62958
Section 102.01 of Am. Sub. H.B. 94 of the 124th General Assembly,	62959
and Section 5 of Am. Sub. H.B. 524 of the 124th General Assembly	62960
is terminated.	62961

No new school district shall be served under this program.	62962
The Commission may continue serving school districts that were	62963
receiving assistance under this program before the effective date	62964
of this section in accordance with terms and agreements in effect	62965
on that date.	62966

Section 137. OHIO TECHNOLOGY INTEGRATION TASK FORCE

62967

(A) There is hereby created the Ohio Technology Integration	62968
Task Force. The Task Force shall consist of the Superintendent of	62969
Public Instruction or the Superintendent's designee, the Director	62970
of Budget and Management or the Director's designee, the Director	62971
of Administrative Services or the Director's designee, the	62972
Executive Director of the Ohio Educational Telecommunications	62973
Network Commission or the Executive Director's designee, and the	62974
Chairperson of the Public Utilities Commission of Ohio or the	62975
Chairperson's designee. The Superintendent of Public Instruction	62976
or the individual designated by the Superintendent to serve on the	62977
Task Force shall serve as chairperson of the Task Force. The	62978
chairperson of the Task Force shall call to order the first	62979
meeting of the Task Force not later than July 31, 2003.	62980

The Task Force shall develop a plan to integrate technology	62981
into all of the state's primary and secondary classrooms that	62982
enhances instruction and educational outcomes. The plan shall	62983
include a budget proposal for the fiscal year that begins July 1,	62984
2004, for provision by the Department of Education of the	62985
technology-related services that formerly were provided by the	62986
Ohio SchoolNet Commission, which are scheduled to be transferred	62987
to the Department of Education on July 1, 2004, under division (B)	62988
of this section. The plan shall describe which assets, duties and	62989
authorities, services, and employee positions the Task Force	62990
recommends transferring to the Department and which assets, duties	62991
and authorities, services, and employee positions the task force	62992
recommends eliminating. In developing the plan, the Task Force	62993
shall give consideration to economies of scale anticipated by the	62994
transfer and may confer with and seek the advice of those persons	62995
who are stakeholders in the implementation of technology in the	62996
state's primary and secondary classrooms.	62997

Not later than March 31, 2004, the Task Force shall present	62998
its recommendations to the Controlling Board for the Board's	62999
approval. Upon the Board's approval of the Task Force's plan, the	63000
Task Force shall cease to exist.	63001

(B) Effective July 1, 2004, the Ohio SchoolNet Commission is	63002
abolished and, subject to the plan to integrate technology into	63003
all of the state's primary and secondary classrooms proposed by	63004
the Ohio Technology Integration Task Force and approved by the	63005
Controlling Board under division (A) of this section, its	63006
functions, assets, and liabilities, including but not limited to	63007
vehicles and equipment assigned to employees of the Commission and	63008
records of the Commission regardless of form or medium, are	63009
transferred to the Department of Education. The Department of	63010
Education is thereupon and thereafter successor to, assumes the	63011
obligations of, and otherwise constitutes the continuation of the	63012
Ohio SchoolNet Commission. The functions of the Executive Director	63013
of the Commission are thereupon and thereafter transferred to the	63014
Superintendent of Public Instruction.	63015

Any business commenced but not completed by the Ohio	63016
SchoolNet Commission or the Executive Director of the Commission	63017
on July 1, 2004, shall be completed by the Department of Education	63018
or the Superintendent of Public Instruction, respectively, in the	63019
same manner, and with the same effect, as if completed by the Ohio	63020
SchoolNet Commission or the Executive Director of the Commission.	63021
No validation, cure, right, privilege, remedy, obligation, or	63022
liability is lost or impaired by reason of the transfer required	63023
under this section and shall be administered by the Department of	63024
Education. All of the Ohio SchoolNet Commission's rules, orders,	63025
and determinations continue in effect as rules, orders, and	63026
determinations of the Department of Education, until modified or	63027
rescinded by the Department. If necessary to ensure the integrity	63028
of the Administrative Code, the Director of the Legislative	63029
Service Commission shall renumber the Ohio SchoolNet Commission's	63030
rules to reflect their transfer to the Department of Education.	63031

(C) Employees of Ohio SchoolNet Commission shall be	63032
transferred to the Department of Education or dismissed in	63033
accordance with the plan proposed by the Ohio Technology	63034
Integration Task Force and approved by the Controlling Board under	63035
division (A) of this section. Subject to lay-off provisions of	63036
sections 124.321 to 124.328 of the Revised Code, those employees	63037
of the Ohio SchoolNet Commission so transferred to the Department	63038
of Education retain their positions and all of the benefits	63039
accruing thereto. Employees of the Ohio SchoolNet Commission so	63040
dismissed cease to hold their positions of employment on July 1,	63041
2004.	63042

Ohio SchoolNet Commission employees transferred under	63043
provisions of this section shall remain in the unclassified	63044
service of the state.	63045

The reassignment of the functions and duties of Ohio	63046
SchoolNet Commission employees under this section is not a subject	63047
appropriate for collective bargaining under Chapter 4117. of the	63048
Revised Code. All positions of any Ohio SchoolNet Commission	63049
employees transferred to the Department of Education under this	63050
section shall not be subject to Chapter 4117. of the Revised Code	63051
in the same manner as when those positions were under the	63052
authority of the Ohio SchoolNet Commission.	63053

(D) No judicial or administrative action or proceeding in	63054
which the Ohio SchoolNet Commission or the Executive Director of	63055
the Commission is a party that is pending on July 1, 2004, is	63056
affected by the transfer of functions under division (B) of this	63057
section. Such action or proceeding shall be prosecuted or defended	63058
in the name of the Superintendent of Public Instruction. On	63059
application to the court or other tribunal, the Superintendent of	63060
Public Instruction shall be substituted for the Executive Director	63061
of the Commission as a party to such action or proceeding.	63062

(E) On and after July 1, 2004, when the Ohio SchoolNet	63063
Commission or the Executive Director of the Ohio SchoolNet	63064
Commission is referred to in any statute, rule, contract, grant,	63065
or other document, the reference is hereby deemed to refer to the	63066
Department of Education or Superintendent of Public Instruction,	63067
respectively.	63068

(F) Effective July 1, 2004, the functions that the Ohio	63069
SchoolNet Commission performs under a grant agreement with the	63070
United States Department of Education are assigned to the Ohio	63071
Department of Education, subject to ratification by the	63072
department.	63073

Section 137A. CREATION OF A JOINT VOCATIONAL-COMMUNITY	63074
COLLEGE IN WARREN COUNTY	63075

(A) Notwithstanding section 3333.05 of the Revised Code, the	63076
Ohio Board of Regents shall issue a charter for a new community	63077
college, as defined by division (C) of section 3354.01 of the	63078
Revised Code, to be operated jointly with the Warren County Career	63079
Center on a pilot basis in fiscal years 2004 and 2005, provided	63080
the following conditions are met:	63081

(1) The Warren County Career Center joint vocational school	63082
board approves, by resolution, the establishment of a joint	63083
vocational-community college within the Career Center.	63084

(2) The local workforce policy board, established under	63085
section 6301.06 of the Revised Code, in which the majority of the	63086
Career Center territory is located approves, by resolution, the	63087
establishment of a joint vocational-community college within the	63088
Career Center.	63089

(3) The Warren County Career Center joint vocational school	63090
board and the local workforce policy board submit a community	63091
college plan that conforms to the requirements of section 3354.07	63092
of the Revised Code to the Board of Regents.	63093

(B) The joint vocational-community college established under	63094
this section shall function as:	63095

(1) A provider of career-technical education to secondary	63096
school students subject to all laws applicable to joint vocational	63097
school districts under Title XXXIII of the Revised Code, unless	63098
this section provides otherwise;	63099

(2) A provider of arts and sciences and technical	63100
instructional programs, not exceeding two years' duration, for	63101
postsecondary school students, subject to all laws applicable to	63102
community colleges under Chapters 3345. and 3354. of the Revised	63103
Code, unless this section provides otherwise;	63104

(3) A provider of arts and sciences and technical	63105
instructional programs for secondary school students participating	63106
in the postsecondary enrollment options program under Chapter	63107
3365. of the Revised Code.	63108

(C) Within ninety days of the establishment of the joint	63109
vocational-community college under this section, the joint	63110
vocational-community college shall be managed and controlled by a	63111
board of education comprised of all members of the joint	63112
vocational school district board of education holding office in	63113
accordance with section 3311.19 of the Revised Code and members	63114
appointed by the Governor in a number that is equivalent to	63115
one-third of the number of members of the joint vocational school	63116
district board of education.	63117

The members appointed by the Governor shall be	63118
representatives of the business community who reside within the	63119
territory of the joint vocational school district. Appointed	63120
members shall serve for terms ending June 30, 2005. Vacancies	63121
shall be filled in the same manner as original appointments. Any	63122
member appointed to fill a vacancy occurring prior to the	63123
expiration of the term for which the member's predecessor was	63124
appointed shall hold office for the remainder of such term.	63125

All members of the joint vocational-community college board	63126
of education are eligible for compensation, expense reimbursement,	63127
and training program expenses as provided by section 3311.19 of	63128
the Revised Code.	63129

Except as provided in this section, upon the formation of the	63130
joint vocational-community college board of education, the board	63131
shall have all the same powers, duties, and authority for the	63132
management and operation of the joint vocational-community college	63133
as is granted by law to both a joint vocational school district	63134
board of education and community college board of trustees under	63135
the Revised Code.	63136

(D) The community college district of the joint	63137
vocational-community college is comprised of the same territory as	63138
the Warren County Career Center joint vocational school district.	63139

(E) In accordance with section 3333.04 of the Revised Code,	63140
the Board of Regents shall approve appropriate associate degree	63141
programs to be offered by the joint vocational-community college.	63142

(F) In calculating the subsidy entitlement of the joint	63143
vocational-community college for activities performed in	63144
furtherance of its duties under division (B)(2) of this section,	63145
the Board of Regents shall assign the institution to categories	63146
described in the formulas established in Section 88.04 of this act	63147
and use the procedures required by the system of formulas that	63148
have been established by the Board of Regents. The joint	63149
vocational-community college shall only be eligible to receive	63150
eighty per cent of the subsidy entitlement calculated under this	63151
division.	63152

(G) The joint vocational-community college established by	63153
this section shall be ineligible to receive state financial	63154
assistance for capital improvements otherwise available to	63155
community colleges under Chapter 3345. or 3354. of the Revised	63156
Code.	63157

(H) All funds received by the joint vocational-community	63158
college to carry out its duties under division (B)(1) and (3) of	63159
this section shall be kept separate from all funds received by the	63160
joint vocational-community college to carry out its duties under	63161
division (B)(2) of this section. All revenues from taxes levied by	63162
the joint vocational school district shall be kept separate from	63163
all revenues of any taxes levied by the community college	63164
district.	63165

(I) The joint vocational-community college is eligible for	63166
classroom facilities assistance under sections 3318.40 to 3318.46	63167
of the Revised Code.	63168

(J) By June 30, 2005, the board of education of the joint	63169
vocational-community college shall submit a report to the Board of	63170
Regents on the status of the joint vocational-community college	63171
pilot program. This report shall include information on the	63172
effectiveness of the pilot program, statistics of students	63173
enrolling in postsecondary courses for college credit, retention	63174
rates of students enrolling in courses for college credit, and any	63175
other information that the board of education or the Board of	63176
Regents determines to be relevant.	63177

Section 137B. (A) As used in this section, "pharmacy	63178
provider" has the same meaning as in rule 5101:3-9-01 of the	63179
Administrative Code.	63180

(B) The Department of Job and Family Services shall establish	63181
the Medication Management Incentive Payment Program for state	63182
fiscal years 2004 and 2005 for pharmacy services provided Medicaid	63183
recipients other than those who reside in a nursing facility or an	63184
intermediate care facility for the mentally retarded. Any pharmacy	63185
provider that serves Medicaid recipients may elect to participate	63186
in the Program in one or both of the state fiscal years that it is	63187
in effect.	63188

(C) The Department of Job and Family Services shall do the	63189
following:	63190

(1) Determine the statewide monthly average cost of providing	63191
pharmacy services to Medicaid recipients other than those who	63192
reside in a nursing home or an intermediate care facility for the	63193
mentally retarded during the last quarter of the biennium ending	63194
June 30, 2003;	63195

(2) Establish a reimbursement rate for pharmacy services	63196
provided under the Medication Management Incentive Payment Program	63197
for the first quarter of the biennium ending June 30, 2005.	63198

(D) Under the Medication Management Incentive Payment	63199
Program:	63200

(1) If a participating pharmacy provider's average monthly	63201
cost of providing pharmacy services to a number of Medicaid	63202
recipients specified by the Department of Job and Family Services	63203
in a quarter after the first quarter of the biennium ending June	63204
30, 2003, is greater than or equal to the statewide monthly	63205
average cost of providing pharmacy services during the last	63206
quarter of the biennium ending June 30, 2003, the pharmacy	63207
provider shall be reimbursed at the rate established by the	63208
Department for the first quarter of the biennium ending June 30,	63209
2005.	63210

(2) If a participating pharmacy provider's average monthly	63211
cost of providing pharmacy services to the number of Medicaid	63212
recipients specified by the Department of Job and Family Services	63213
in a quarter after the first quarter of the biennium ending June	63214
30, 2003, is less than the statewide monthly average cost of	63215
providing pharmacy services during the last quarter of the	63216
biennium ending June 30, 2003, the pharmacy provider shall be	63217
reimbursed at an enhanced rate established by the Department.	63218

(E) A pharmacy provider that elects to participate in the	63219
program may achieve a reduction in its average monthly cost for	63220
providing pharmacy services to Medicaid recipients by providing	63221
consulting services to the physicians who prescribe drugs to the	63222
recipient. These consulting services may include recommendations	63223
for eliminating unnecessary and duplicative drug therapies,	63224
modifying inefficient drug regimens, and implementing safe and	63225
cost-effective drug therapies.	63226

(F) The Department of Job and Family Services shall adopt, in	63227
accordance with Chapter 119. of the Revised Code, any rule it	63228
considers necessary to develop and administer the Medication	63229
Management Incentive Payment Program. The rules may provide for	63230
compensation for physicians who consult with pharmacy providers	63231
that participate in the program.	63232

Section 137C. OFFICE OF QUALITY SERVICES FUND TRANSFERS

63233

Notwithstanding any other provision of law to the contrary,	63234
the Director of Budget and Management shall transfer any remaining	63235
amounts of cash from the following specified obsolete fund to the	63236
General Revenue Fund within thirty days after the effective date	63237
of this section: Quality Services (General Services Fund 4C1). The	63238
amount of such transfer to the General Revenue Fund is hereby	63239
appropriated to General Revenue Fund appropriation item 042-409,	63240
Commission Closures.	63241

Section 137D. TRANSFER FROM BOARD OF TAX APPEALS

63242

Notwithstanding any other provision of law to the contrary,	63243
on July 31, 2003, or as soon thereafter as possible, the Director	63244
of Budget and Management shall transfer any remaining amounts of	63245
cash from the following specified obsolete fund to the General	63246
Revenue Fund: Reproduction of Decisions (General Services Fund	63247
439).	63248

Section 138. (A) As used in this section, "nursing facility"	63249
means a facility, or a distinct part of a facility, that is	63250
certified as a nursing facility by the Director of Health for	63251
purposes of the Medicaid Program and is not an intermediate care	63252
facility for the mentally retarded. "Nursing facility" includes a	63253
facility, or a distinct part of a facility, that is certified as a	63254
skilled nursing facility by the Director of Health for purposes of	63255
the Medicare Program.	63256

(B) The Director of Health shall request from the Secretary	63257
of the United States Department of Health and Human Services	63258
approval to develop an alternative regulatory procedure for	63259
nursing facilities subject to federal regulation. If the Secretary	63260
gives approval, the Director shall convene the Nursing Facility	63261
Regulatory Reform Task Force.	63262

(C) The Director of Health shall serve as chair of the Task	63263
Force. The Director of Aging, the Director of Job and Family	63264
Services, the State Long-Term Care Ombudsman, or persons they	63265
designate and a member of the Governor's staff designated by the	63266
Governor shall serve on the Task Force. The Director of Health	63267
shall appoint the following individuals to serve on the Task	63268
Force:	63269

(1) Two representatives of the Ohio Health Care Association;

63270

(2) Two representatives of the Association of Ohio	63271
Philanthropic Homes and Housing for the Aging;	63272

(3) Two representatives of the Ohio Academy of Nursing Homes;

63273

(4) Two representatives of the American Association of	63274
Retired Persons (AARP);	63275

(5) Two representatives of Families for Improved Care;

63276

(6) A representative from the Ohio Association of Regional	63277
Long-Term Care Ombudsman Programs;	63278

(7) A representative of the 1199 League of Registered Nurses;

63279

(8) A representative of the American Federation of State,	63280
County, and Municipal Employees.	63281

(D) Except to the extent that service on the task force is	63282
part of their employment, Task Force members shall serve without	63283
compensation and shall not be reimbursed by the State for expenses	63284
incurred in carrying out their duties on the Task Force. The	63285
Scripps Gerontology Center at Miami University shall provide	63286
technical and support services for the Task Force.	63287

(E) The Task Force shall do all of the following:

63288

(1) Review the effectiveness of current regulatory procedures	63289
for nursing facilities regarding the quality of care and quality	63290
of life of nursing facility residents;	63291

(2) Develop recommendations for improved regulatory	63292
procedures for nursing facilities to improve the quality of care	63293
and quality of life of nursing facility residents;	63294

(3) Evaluate potential effects on nursing facility residents	63295
of elimination of components of the Certificate of Need program	63296
pertaining to long-term care facilities;	63297

(4) Develop possible demonstration projects to present the	63298
potential of proposed changes to the regulatory procedure to	63299
increase the quality of care and the quality of life of nursing	63300
facility residents.	63301

(F) The Task Force shall submit a report of its findings and	63302
recommendations to the Speaker and Minority Leader of the House of	63303
Representatives and to the President and Minority Leader of the	63304
Senate. The report shall explain any changes to the Revised Code	63305
required to implement the recommendations. On submission of the	63306
recommendations, the Task Force shall cease to exist.	63307

(G) At the request of the General Assembly by adoption of a	63308
joint resolution, the Director of Health shall apply to the	63309
Secretary of the United States Department of Health and Human	63310
Services for a waiver to implement the recommendations of the Task	63311
Force.	63312

Section 139.01. In amending sections 121.084, 4104.41,	63313
4104.44, 4104,45, and 4104.46 (4104.48), in enacting new section	63314
4104.46 and section 4104.47, and in repealing and re-enacting	63315
sections 4104.42 and 4104.43 of the Revised Code, it is the intent	63316
of the General Assembly that the provisions of this act are	63317
general laws created in the exercise of the state's police power,	63318
arising out of matters of statewide concern, and are designed for	63319
the health, safety, and welfare of contractors, their employees,	63320
and the public.	63321

Section 139.02. In amending sections 121.084, 4104.41,	63322
4104.44, 4104,45, and 4104.46 (4104.48), in enacting new section	63323
4104.46 and section 4104.47, and in repealing and re-enacting	63324
sections 4104.42 and 4104.43 of the Revised Code, it is the intent	63325
of the General Assembly that power, refrigerating, hydraulic,	63326
heating and liquefied petroleum gas, oxygen, and other gaseous	63327
piping systems will continue to be inspected as part of the	63328
building permit process, enforcement of plumbing and mechanical	63329
building codes, and occupancy certification. The purpose of this	63330
legislative action is solely to eliminate duplicative inspection	63331
personnel and fees.	63332

Section 140. DISABILITY ASSISTANCE TRANSITION

63333

(A) Subject to the provisions of Chapter 5115. of the Revised	63334
Code, as amended, enacted, and repealed by this act, the	63335
Disability Financial Assistance Program constitutes a continuation	63336
of the financial assistance component of the Disability Assistance	63337
Program established under Chapter 5115. of the Revised Code, as it	63338
existed prior to the effective date of this section, and the	63339
Disability Medical Assistance Program constitutes a continuation	63340
of the medical assistance component of the Disability Assistance	63341
Program.	63342

Any business commenced but not completed on behalf of the	63343
Disability Assistance Program shall be completed in the same	63344
manner, and with the same effect, on behalf of the Disability	63345
Financial Assistance Program and the Disability Medical Assistance	63346
Program.	63347

Except as provided in division (B) and (C) of this section,	63348
all rules, orders, and determinations regarding the Disability	63349
Assistance Program continue in effect as rules, orders, and	63350
determinations regarding the Disability Financial Assistance	63351
Program and the Disability Medical Assistance Program, until	63352
modified or rescinded.	63353

Wherever the Disability Assistance Program is referred to in	63354
any law, contract, or other document, the reference shall be	63355
deemed to refer to the Disability Financial Assistance Program or	63356
the Disability Medical Assistance Program, whichever is	63357
appropriate.	63358

(B) Notwithstanding any determination through administrative	63359
or judicial order or otherwise, a person who was receiving	63360
financial assistance under the Disability Assistance Program prior	63361
to the effective date of this section ceases to be eligible for	63362
continued financial assistance under the Disability Financial	63363
Assistance Program on the effective date of this section, unless	63364
one of the following is the case:	63365

(1) The person was receiving the assistance on the basis of	63366
being age 60 or older or on the basis of being unable to do any	63367
substantial or gainful activity by reason of a medically	63368
determinable physical or mental impairment that can be expected to	63369
result in death or has lasted or can be expected to last for not	63370
less than nine months.	63371

(2) The person was receiving the assistance by meeting other	63372
eligibility requirements but applies for Disability Financial	63373
Assistance pursuant to section 5115.05 of the Revised Code, as	63374
amended by this act, and receives a determination of eligibility	63375
by meeting the requirements specified in section 5115.01 of the	63376
Revised Code, as amended by this act.	63377

(C) Notwithstanding the provisions of section 5115.10 of the	63378
Revised Code, as amended by this act, that limit eligibility for	63379
disability medical assistance to persons determined to be	63380
medication dependent, both of the following apply:	63381

(1) The Director of Job and Family Services may adopt rules	63382
in accordance with section 111.15 of the Revised Code providing	63383
for and governing temporary provision of disability medical	63384
assistance to persons who were recipients of medical assistance	63385
under the Disability Assistance Program prior to the effective	63386
date of this section.	63387

(2) A person's eligibility for disability medical assistance	63388
may continue pursuant to the rules adopted under division (C)(1)	63389
of this section until the state or county department of job and	63390
family services conducts a redetermination of the person's	63391
eligibility in accordance with the requirement that recipients be	63392
medication dependent, unless the person otherwise becomes	63393
ineligible for disability medical assistance.	63394

Section 140.01. * Notwithstanding sections 5101.60 to 5101.70	63395
of the Revised Code, as amended or enacted by this act, cases	63396
referred to a county department of job and family services under	63397
section 5126.31 and investigations by the department of reports	63398
provided for in section 5101.61 of the Revised Code that were	63399
initiated before the effective date of this section shall be	63400
completed in accordance with the law as it existed on the date the	63401
referrals or reports were made. The county department of job and	63402
family services may provide necessary protective services in those	63403
cases if funding is locally available.	63404

Section 142.01. (A) As used in this section, "change of	63405
operator," "entering operator," "exiting operator," "nursing	63406
facility," "provider," and "provider agreement" have the same	63407
meaning as in section 5111.20 of the Revised Code.	63408

(B) Notwithstanding Chapter 5111. of the Revised Code or any	63409
other state law to the contrary, the Medicaid reimbursement rate	63410
for nursing facility services provided to a Medicaid recipient	63411
during the period beginning July 1, 2003, and ending June 30,	63412
2005, shall be as follows:	63413

(1) If the provider has a valid provider agreement regarding	63414
the nursing facility on June 30, 2003, the provider's rate for the	63415
nursing facility shall be the same as the provider's rate for the	63416
nursing facility in effect on June 30, 2003;	63417

(2) If the nursing facility undergoes a change of operator	63418
after June 30, 2003, the entering operator's rate for the nursing	63419
facility shall be the same as the exiting operator's rate for the	63420
nursing facility that is in effect on the day before the effective	63421
date of the entering operator's provider agreement;	63422

(3) If the nursing facility both obtains initial	63423
certification as a nursing facility from the director of health	63424
and begins participation in the Medicaid program after June 30,	63425
2003, the provider's rate for the nursing facility shall be the	63426
median of all rates paid to nursing facilities on June 30, 2003;	63427

(4) If one or more Medicaid certified beds are added to the	63428
nursing facility after June 30, 2003, the provider's rate for the	63429
added beds shall be the same as the provider's rate for the	63430
Medicaid certified beds that are in the nursing facility on the	63431
day before the new beds are added.	63432

(C) To calculate overpayments, the Department of Job and	63433
Family Services shall apply an audit adjustment to a cost report	63434
that covers a period ending December 31, 2001, to the rate the	63435
Department pays a provider of nursing facility services provided	63436
to a Medicaid recipient during the period beginning July 1, 2002,	63437
and ending June 30, 2005.	63438

Section 142.02. (A) As used in this section, "change of	63439
operator," "entering operator," "exiting operator," "intermediate	63440
care facility for the mentally retarded," "provider," and	63441
"provider agreement" have the same meaning as in section 5111.20	63442
of the Revised Code.	63443

(B) Notwithstanding Chapter 5111. of the Revised Code or any	63444
other state law to the contrary, the Medicaid reimbursement rate	63445
for intermediate care facility services for the mentally retarded	63446
provided to a Medicaid recipient during the period beginning July	63447
1, 2003, and ending June 30, 2005, shall be as follows:	63448

(1) If the provider has a valid provider agreement regarding	63449
the intermediate care facility for the mentally retarded on June	63450
30, 2003, the provider's rate for the facility shall be the same	63451
as the provider's rate for the facility in effect on June 30,	63452
2003;	63453

(2) If the intermediate care facility for the mentally	63454
retarded undergoes a change of operator after June 30, 2003, the	63455
entering operator's rate for the facility shall be the same as the	63456
exiting operator's rate for the facility that is in effect on the	63457
day before the effective date of the entering operator's provider	63458
agreement;	63459

(3) If the intermediate care facility for the mentally	63460
retarded both obtains initial certification as an intermediate	63461
care facility for the mentally retarded from the director of	63462
health and begins participation in the Medicaid program after June	63463
30, 2003, the provider's rate for the facility shall be the median	63464
of all rates paid to intermediate care facilities for the mentally	63465
retarded on June 30, 2003;	63466

(4) If one or more Medicaid certified beds are added to the	63467
intermediate care facility for the mentally retarded after June	63468
30, 2003, the provider's rate for the added beds shall be the same	63469
as the provider's rate for the Medicaid certified beds that are in	63470
facility on the day before the new beds are added.	63471

(C) To calculate overpayments, the Department of Job and	63472
Family Services shall apply an audit adjustment to a cost report	63473
that covers a period ending December 31, 2001, to the rate the	63474
Department pays a provider of intermediate care facility services	63475
for the mentally retarded provided to a Medicaid recipient during	63476
the period beginning July 1, 2002, and ending June 30, 2005.	63477

Section 142.02A. STATE SERVICES REVIEW

63478

(A) The Office of Budget and Management shall review all	63479
services provided by the state that are of a commercial nature,	63480
including services provided by public universities, to determine	63481
which of those services may be opened to competition with private	63482
enterprise.	63483

(B) Not later than December 31, 2003, the Office of Budget	63484
and Management shall issue a report to the Governor, the Speaker	63485
of the House of Representatives, and the President of the Senate	63486
regarding the review conducted under division (A) of this section.	63487
The report shall identify which services of a commercial nature	63488
provided by the state may be opened to competition with private	63489
enterprise and shall contain recommendations on the manner in	63490
which those services may be opened to competition.	63491

(C) By July 1, 2004, the Office of Budget and Management	63492
shall implement a program to open to competition with private	63493
enterprise at least five per cent of the services identified as	63494
capable of being opened to such competition in the report issued	63495
under division (B) of this section.	63496

(D)(1) The Office of Budget and Management shall develop a	63497
proposal, subject to approval by the General Assembly, for a	63498
program to provide incentives to public employees and state	63499
agencies for identifying services provided by this state that may	63500
be opened to competition with private enterprise and for	63501
implementing programs to open those services to such competition.	63502
The incentives provided in the proposal may include, but are not	63503
limited to, both of the following:	63504

(a) Cash payments made to employees;

63505

(b) State agencies retaining a percentage of any budgetary	63506
savings realized through the implementation of competition with	63507
private enterprise.	63508

(2) The Office of Budget and Management shall submit the	63509
proposal developed under division (D)(1) of this section to the	63510
General Assembly not later than March 31, 2004.	63511

(E) As used in this section:

63512

(1) "Commercial" means performing services or providing goods	63513
that normally can be obtained from a private enterprise.	63514

(2) "Private enterprise" means an individual, firm,	63515
partnership, joint venture, corporation, association, or other	63516
legal entity engaging, in the private sector, in the	63517
manufacturing, processing, sale, offering for sale, rental,	63518
leasing, delivery, dispensing, distributing, or advertising of	63519
goods or services for profit.	63520

Section 142.02B. STATE SERVICES REVIEW

63521

(A) The Office of Budget and Management shall review the	63522
structure of delivery of all administrative support services	63523
within the government of the state. The review shall include, but	63524
shall not be not limited to, each of the following categories of	63525
administrative support services:	63526

(1) Fiscal management and oversight;

63527

(2) Human resources;

63528

(3) Purchasing;

63529

(4) Printing;

63530

(5) Fleet management;

63531

(6) Contracting.

63532

(B) The purpose of the review conducted under this section	63533
shall be to determine the efficiency of the provision of	63534
administrative support services within state government. For each	63535
category of administrative support services, the review shall	63536
include all of the following:	63537

(1) An accounting of all personnel engaged in the relevant	63538
service;	63539

(2) Consideration of the responsibility and role of each	63540
service;	63541

(3) A determination of the existence of duplicative equipment	63542
and systems;	63543

(4) The appropriate level of oversight;

63544

(5) The current role of the Department of Administrative	63545
Services and the Office of Budget and Management in providing	63546
oversight;	63547

(6) Operational efficiencies;

63548

(7) The cost of providing the services.

63549

(C) Not later than January 31, 2004, the Office of Budget and	63550
Management shall issue a report to the General Assembly making	63551
recommendations for the consolidation, reformation, and	63552
restructuring of the services reviewed under division (A) of this	63553
section. The report shall identify any changes required to be made	63554
to codified or uncodified statutes to implement its	63555
recommendations.	63556

Section 142.02C. STATE SERVICES REVIEW

63557

(A) The Office of Budget and Management shall develop a	63558
rating system for evaluating the effectiveness of all state	63559
programs. In evaluating the effectiveness of state programs, the	63560
rating system may consider all of the following:	63561

(1) The cost of the program;

63562

(2) The accountability of any spending by the program;

63563

(3) The appropriateness of state government providing the	63564
services offered through the program;	63565

(4) The impact of the program;

63566

(5) Whether the program is meeting its stated goals, if any.

63567

(B) Not later than May 1, 2004, the Office of Budget and	63568
Management shall submit the rating system developed under division	63569
(A) of this section to the General Assembly. If the General	63570
Assembly fails to prohibit the rating system from taking effect	63571
within sixty days after the rating system is so submitted, the	63572
Office of Budget and Management shall implement the rating system.	63573

(C) If a rating system is implemented under division (B) of	63574
this section, the Governor, in submitting the proposed operating	63575
budget for the 2006-2007 biennium to the General Assembly, shall	63576
include with that proposed budget a catalog indicating the rating	63577
received by each program operated by this state.	63578

Section 142.02D. STATE SERVICES REVIEW

63579

(A) There is hereby created the Asset and Enterprise Review	63580
Committee, the purposes of which are to inventory and appraise all	63581
assets and enterprises of the state, to review those assets and	63582
enterprises to determine which of them may be sold, leased, or	63583
otherwise removed from state ownership or operation, to make	63584
recommendations as to the process and timeframe for the disposal	63585
of such assets and enterprises, and to make recommendations	63586
regarding the manner in which any cost savings realized through	63587
the disposal of such assets and enterprises shall be dispersed. In	63588
determining the manner in which cost savings shall be dispersed,	63589
the Committee shall consider recommending that the agency that	63590
owns or controls the asset or enterprise being disposed of be	63591
allowed to retain a portion of the savings realized through that	63592
disposal.	63593

(B)(1) The Committee shall consist of thirteen members to be	63594
appointed as follows:	63595

(a) The Director of Administrative Services or the Director's	63596
designee;	63597

(b) The Director of Budget and Management, or the Director's	63598
designee;	63599

(c) Two members of the Governor's administration, to be	63600
appointed by the Governor;	63601

(d) Three members of the House of Representatives, to be	63602
appointed by the Speaker of the House of Representatives;	63603

(e) Three members of the Senate, to be appointed by the	63604
President of the Senate;	63605

(f) One member of the private sector, to be appointed by the	63606
Governor;	63607

(g) One member of the private sector, to be appointed by the	63608
Speaker of the House of Representatives;	63609

(h) One member of the private sector, to be appointed by the	63610
President of the Senate.	63611

(2) Members shall be appointed within thirty days after the	63612
effective date of this section. Vacancies on the Committee shall	63613
be filled in the manner provided for original appointments.	63614

(3) In appointing the legislative members of the Committee,	63615
the Speaker of the House of Representatives and the President of	63616
the Senate each shall designate one member as a co-chairperson of	63617
the Committee. The co-chairpersons shall convene such meetings of	63618
the Committee as they consider necessary to carry out its	63619
purposes.	63620

(C) Members of the Committee shall receive no compensation,	63621
but shall be reimbursed for necessary expenses incurred in the	63622
performance of their official duties.	63623

(D) For the sole purpose of permitting membership on the	63624
Committee and the holding of any other public office or	63625
employment, membership on the Committee does not constitute the	63626
holding of any other public office or employment. No member of the	63627
Committee is disqualified from holding any public office or	63628
employment, nor does any member of the Committee forfeit any	63629
public office or employment, by reason of the member's position as	63630
a member of the Committee.	63631

(E) Not later than December 31, 2003, the Committee shall	63632
prepare its inventory, appraisal, and all required recommendations	63633
and file a written copy of them with the Governor, the Speaker of	63634
the House of Representatives, and the President of the Senate.	63635
When the Committee has filed its inventory, appraisal, and	63636
recommendations as required by this division, it shall cease to	63637
exist.	63638

Section 142.02E. By not later than September 1, 2004, the	63639
Department of Administrative Services shall issue a report to the	63640
General Assembly that indicates how it has implemented the	63641
recommendations from the 2002 report entitled "Administrative	63642
Analysis of the Ohio Fleet Management Program" or explain why the	63643
Department has not implemented the recommendations.	63644

Section 145.01. * The Hemophilia Advisory Council established	63645
under section 3701.145 of the Revised Code, renumbered as section	63646
3701.0210 of the Revised Code by this act, is hereby abolished.	63647

Section 145.01A. On the effective date of this section, the	63648
Commission on African-American Males is abolished and all of its	63649
functions, and assets and liabilities, are transferred to the	63650
Commission on Minority Health through the operation by the	63651
Commission on Minority Health of an African-American Males	63652
Program, as provided in Section 1 of this act. The Commission on	63653
Minority Health is thereupon and thereafter successor to, assumes	63654
the obligations of, and otherwise constitutes the continuation of	63655
the Commission on African-American Males.	63656

Any business commenced but not completed by the Commission on	63657
African-American Males on the effective date of this section shall	63658
be completed by the Commission on Minority Health in the same	63659
manner, and with the same effect, as if completed by the	63660
Commission on African-American Males. No validation, cure, right,	63661
privilege, remedy, obligation, or liability is lost or impaired by	63662
reason of the transfer required under this section and shall be	63663
administered by the Commission on Minority Health. All rules,	63664
orders, and determinations of the Commission on African-American	63665
Males continue in effect as rules, orders, and determinations of	63666
the Commission on Minority Health, until modified or rescinded by	63667
the Commission on Minority Health. If necessary to ensure the	63668
integrity of the numbering of the Administrative Code, the	63669
Director of the Legislative Service Commission shall renumber	63670
rules of the Commission on African-American Males to reflect their	63671
transfer to the Commission on Minority Health.	63672

All employees of Commission on African-American Males cease	63673
to hold their positions of employment on the effective date of	63674
this section.	63675

The Director of Budget and Management shall determine the	63676
amount of the unexpended balances in the appropriation accounts	63677
that pertain to the Commission on African-American Males and shall	63678
recommend to the Controlling Board their transfer to the	63679
appropriation accounts that pertain to the Commission on Minority	63680
Health. The Chairperson of the Commission on African-American	63681
Males shall provide full and timely information to the Controlling	63682
Board to facilitate this transfer.	63683

Wherever the Commission on African-American Males or the	63684
Chairperson of the Commission on African-American Males is	63685
referred to in any law, contract, or other document, the reference	63686
shall be deemed to refer to the Commission on Minority Health or	63687
the Chairperson of the Commission on Minority Health, whichever is	63688
appropriate.	63689

No action or proceeding pending on the effective date of this	63690
act is affected by the transfer, and shall be prosecuted or	63691
defended in the name of the Commission on Minority Health or the	63692
Chairperson of the Commission on Minority Health. In all such	63693
actions and proceedings, the Commission on Minority Health or the	63694
Chairperson of the Commission on Minority Health, upon application	63695
to the court, shall be substituted as a party.	63696

Section 145.03. * Upon the taking effect of this section, the	63697
Hazardous Waste Facility Board is abolished.	63698

All of the rules adopted by the Hazardous Waste Facility	63699
Board are abolished on that date. The Director of the Legislative	63700
Service Commission shall remove the rules from the Administrative	63701
Code as if they had been rescinded.	63702

On and after the effective date of this section and until the	63703
Director of Environmental Protection adopts rules that eliminate	63704
references to the Hazardous Waste Facility Board, whenever the	63705
Hazardous Waste Facility Board or Board, when "Board" refers to	63706
the Hazardous Waste Facility Board, is referred to in a rule, the	63707
reference shall be deemed to refer to the Environmental Protection	63708
Agency or the Director of Environmental Protection, whichever is	63709
appropriate. As expeditiously as possible after the effective date	63710
of this section, the Director of Environmental Protection shall	63711
adopt rules eliminating references to the Hazardous Waste Facility	63712
Board.	63713

Permits or modifications issued by the Hazardous Waste	63714
Facility Board under section 3734.05 of the Revised Code as that	63715
section existed prior to its amendment by this act shall continue	63716
in effect as if the Director had issued the permits or	63717
modifications under section 3734.05 of the Revised Code after the	63718
effective date of its amendment by this act. Any application	63719
pending before the Hazardous Waste Facility Board on the effective	63720
date of this section shall be transferred to the Environmental	63721
Protection Agency for approval or disapproval by the Director. All	63722
records, files, and other documents of the Hazardous Waste	63723
Facility Board shall be transferred to the Environmental	63724
Protection Agency.	63725

Section 145.03A. (A) There is hereby created the Ohio Autism	63726
Task Force consisting of the following members:	63727

(1) All of the following persons to be appointed by the	63728
Governor:	63729

(a) A person diagnosed with autism;

63730

(b) Four persons who are parents of children diagnosed with	63731
autism;	63732

(c) A special education administrator of an Ohio school	63733
district;	63734

(d) A representative of the Ohio Association of County Boards	63735
of Mental Retardation and Developmental Disabilities;	63736

(e) A representative of the Ohio Developmental Disabilities	63737
Council;	63738

(f) A representative of the Autism Society of Ohio;

63739

(g) A developmental pediatrician who is a member of the Ohio	63740
Association of Pediatricians;	63741

(h) Two representatives from private schools in Ohio that	63742
provide special education services to children diagnosed with	63743
autism;	63744

(i) Two representatives from Ohio hospitals that provide	63745
services to children diagnosed with autism.	63746

(2) Two members of the House of Representatives, one from the	63747
majority party and one from the minority party, appointed by the	63748
Speaker of the House of Representatives;	63749

(3) Two members of the Senate, one from the majority party	63750
and one from the minority party, appointed by the President of the	63751
Senate;	63752

(4) The Director of Mental Retardation and Developmental	63753
Disabilities or the Director's designee;	63754

(5) The Director of Job and Family Services or the Director's	63755
designee;	63756

(6) The Superintendent of Public Instruction or the	63757
Superintendent's designee.	63758

(B) All appointments and designations to the Task Force shall	63759
be made not later than thirty days after the effective date of	63760
this section. Any vacancy that occurs on the Task Force shall be	63761
filled in the same manner as the original appointment. The members	63762
of the Task Force shall serve without compensation.	63763

(C) The initial meeting of the Task Force shall be held not	63764
later than sixty days after the effective date of this section. At	63765
its initial meeting, the Task Force shall elect from its	63766
membership a chairperson and other officers it considers	63767
necessary. Thereafter, the Task Force shall meet on the call of	63768
the chairperson.	63769

(D) The Department of Mental Retardation and Developmental	63770
Disabilities shall provide meeting facilities and other support as	63771
necessary for the Task Force.	63772

(E) The Task Force shall study and make recommendations	63773
regarding both of the following:	63774

(1)The growing incidence of autism in Ohio;

63775

(2)Ways to improve the delivery in this state of autism	63776
services.	63777

(F) Not later than one year after the effective date of this	63778
section, the Task Force shall submit a written report of its	63779
recommendations to the Governor, the Speaker of the House of	63780
Representatives, and the President of the Senate.	63781

(G) On submission of its report, the Task Force shall cease	63782
to exist.	63783

Section 145.03B. (A) There is hereby created the Task Force	63784
to Eliminate Health Services Duplication. The Director of	63785
Administrative Services shall serve as chairperson. The Directors	63786
of Aging, Alcohol and Drug Addiction Services, Health, Mental	63787
Health, Mental Retardation and Developmental Disabilities, and	63788
Budget and Management, and the Executive Director of the	63789
Commission on Minority Health, or persons they designate, shall	63790
serve on the Task Force. The Commission on Dispute Resolution and	63791
Conflict Management shall provide technical and support services	63792
for the Task Force.	63793

(B) Except to the extent that service on the Task Force is	63794
part of their employment, Task Force members shall serve without	63795
compensation and shall not be reimbursed by the state for expenses	63796
incurred in carrying out their duties on the Task Force.	63797

63798

(1) Evaluate the feasibility of combining all or parts of the	63799
Department of Aging, the Department of Alcohol and Drug Addiction	63800
Services, the Commission on Minority Health, the Department of	63801
Health, the Department of Mental Health, and the Department of	63802
Mental Retardation and Developmental Disabilities to eliminate	63803
duplication of services;	63804

(2) Evaluate the feasibility of establishing a central	63805
procurement point for basic operational services associated with	63806
each department, including human resources, training, research,	63807
legislative information, fiscal management, and public	63808
information.	63809

(D) Not later than March 31, 2004, the Task Force shall	63810
submit a report of its findings and recommendations to the Speaker	63811
and Minority Leaders of the House of Representatives and to the	63812
President and Minority Leader of the Senate. On submission of its	63813
report, the Task Force shall cease to exist.	63814

Section 145.03C. Upon the taking effect of this section, the	63815
State Board of Orthotics, Prosthetics, and Pedorthics is abolished	63816
and all of its functions, and assets and liabilities, are	63817
transferred to the State Medical Board. The State Medical Board is	63818
thereupon and thereafter successor to, assumes the obligations of,	63819
and otherwise constitutes the continuation of State Board of	63820
Orthotics, Prosthetics, and Pedorthics.	63821

Any business commenced but not completed by the State Board	63822
of Orthotics, Prosthetics, and Pedorthics or the Secretary of the	63823
Board on the effective date of this section shall be completed by	63824
the State Medical Board or the President of the State Medical	63825
Board in the same manner, and with the same effect, as if	63826
completed by the State Board of Orthotics, Prosthetics, and	63827
Pedorthics or the Secretary of the State Board of Orthotics,	63828
Prosthetics, and Pedorthics. No validation, cure, right,	63829
privilege, remedy, obligation, or liability is lost or impaired by	63830
reason of the transfer required by this section and shall be	63831
administered by the State Medical Board. All of the State Board of	63832
Orthotics, Prosthetics, and Pedorthics's rules, orders, and	63833
determinations continue in effect as rules, orders, and	63834
determinations of the State Medical Board, until modified or	63835
rescinded by the State Medical Board. If necessary to ensure the	63836
integrity of the numbering of the Administrative Code, the	63837
Director of the Legislative Service Commission shall renumber the	63838
State Board of Orthotics, Prosthetics, and Pedorthics's rules to	63839
reflect their transfer to the State Medical Board.	63840

Subject to the lay-off provisions of sections 124.321 to	63841
124.328 of the Revised Code, all of the State Board of Orthotics,	63842
Prosthetics, and Pedorthics's employees are transferred to the	63843
State Medical Board and retain their positions and all of the	63844
benefits accruing thereto.	63845

The Director of Budget and Management shall determine the	63846
amount of the unexpended balances in the appropriate accounts that	63847
pertain to the State Board of Orthotics, Prosthetics, and	63848
Pedorthics and shall recommend to the Controlling Board their	63849
transfer to the appropriation accounts that pertain to the State	63850
Medical Board. The Secretary of the State Board of Orthotics,	63851
Prosthetics, and Pedorthics shall provide full and timely	63852
information to the Controlling Board to facilitate this transfer.	63853

Wherever the State Board of Orthotics, Prosthetics, and	63854
Pedorthics or the Secretary of the State Board of Orthotics,	63855
Prosthetics, and Pedorthics is referred to in any law, contract,	63856
or other document, the reference shall be deemed to refer to the	63857
State Medical Board or President of the State Medical Board,	63858
whichever is appropriate.	63859

No action or proceeding pending on the effective date of this	63860
section is affected by the transfer, and shall be prosecuted or	63861
defended in the name of the State Medical Board or the President	63862
of the State Medical Board. In all such actions and proceedings,	63863
the State Medical Board or President of the State Medical Board	63864
upon application to the court shall be substituted as a party.	63865

Section 145.03D. * Within sixty days after the effective date	63866
of this section, the Auditor of State shall appoint an entity to	63867
serve as the Coordinator for Community Schools pursuant to section	63868
3314.18 of the Revised Code, as enacted by this act. Prior to	63869
making an appointment, the Auditor of State shall solicit	63870
applications from entities interested in serving as the	63871
Coordinator for Community Schools.	63872

Section 145.03E. On July 1, 2003, the Ohio Coal Development	63873
Office of the Department of Development is abolished and all of	63874
its functions, and assets and liabilities, are transferred to the	63875
Ohio Coal Development Office of the Ohio Air Quality Development	63876
Authority. The Ohio Coal Development Office of the Ohio Air	63877
Quality Development Authority is thereupon and thereafter	63878
successor to, assumes the obligations of, and otherwise	63879
constitutes the continuation of the Ohio Coal Development Office	63880
of the Department of Development.	63881

Any business commenced but not completed by the Ohio Coal	63882
Development Office of the Department of Development or the	63883
Director of that office on the effective date of this section	63884
shall be completed by the Ohio Coal Development Office of the Ohio	63885
Air Quality Development Authority or the Director of that office	63886
in the same manner, and with the same effect, as if completed by	63887
the Ohio Coal Development Office of the Department of Development	63888
or the Director of that office. Any validation, cure, right,	63889
privilege, remedy, obligation, or liability is not lost or	63890
impaired by reason of the transfer required by this section and	63891
shall be administered by the Ohio Coal Development Office of the	63892
Ohio air Quality Development Authority. All of the rules, orders,	63893
and determinations of the Ohio Coal Development Office of the	63894
Department of Development or of the Director of Development in	63895
relation to that office continues in effect as rules, orders, and	63896
determinations of the Ohio Coal Development Office of the Ohio Air	63897
Quality Development Authority, until modified or rescinded by that	63898
office or by the Ohio Air Quality Development Authority in	63899
relation to that office. If necessary to ensure the integrity of	63900
the numbering of the Administrative Code, the Director of the	63901
Legislative Service Commission shall renumber rules of the	63902
Director of Development in relation to the Ohio Coal Development	63903
Office of the Department of Development to reflect their transfer	63904
to the Ohio Air Quality Development Authority.	63905

Subject to the lay-off provisions of sections 124.321 to	63906
124.328 of the Revised Code, all of the employees of the Ohio Coal	63907
Development Office of the Department of Development are	63908
transferred to the Ohio Coal Development Office of the Ohio Air	63909
Quality Development Authority and retain their positions and all	63910
the benefits accruing thereto.	63911

Whenever the Ohio Coal Development Office in the Department	63912
of Development or the Director of Development in relation to that	63913
office is referred to in any law, contract, or other document, the	63914
reference shall be deemed to refer to the Ohio Coal Development	63915
Office of the Ohio Air Quality Development Authority or the	63916
Authority in relation to that office, whichever is appropriate.	63917

Any action or proceeding pending on the effective date of	63918
this section is not affected by the transfer and shall be	63919
prosecuted or defended in the name of the Ohio Air Quality	63920
Development Authority or its Ohio Coal Development Office. In all	63921
such actions and proceedings, the Ohio Air Quality Development	63922
Authority or its Ohio Coal Development Office upon application to	63923
the court shall be substituted as a party.	63924

Section 145.03F. The Parole Board shall review the sentences	63925
of prisoners who are confined in state correctional institutions	63926
and who were sentenced under the Felony Sentencing Law that was in	63927
effect prior to July 1, 1996, to determine the appropriateness of	63928
those sentences and to determine whether the length of any of	63929
those sentences should be adjusted. The Parole Board shall conduct	63930
this review in cooperation with the Department of Rehabilitation	63931
and Correction. The Parole Board shall prepare a report that	63932
contains its findings and makes recommendations regarding further	63933
action. Not later than one year after the effective date of this	63934
section, the Parole Board shall submit the report to the Speaker	63935
and Minority Leader of the House of Representatives, the President	63936
and Minority Leader of the Senate, the chair of the House Criminal	63937
Justice Committee, and the chair of the Senate Judiciary Committee	63938
on Criminal Justice.	63939

As used in this section, "state correctional institution" has	63940
the same meaning as in section 2967.01 of the Revised Code.	63941

Section 145.03G. On September 1, 2003, and subject to the	63942
lay-off provisions of sections 124.321 to 124.328 of the Revised	63943
Code, all employees of state agencies, as defined by section	63944
125.831 of the Revised Code as repealed and re-enacted by this	63945
act, who are responsible for the purchase, lease, repair,	63946
maintenance, registration, and insuring, and for all other	63947
responsibilities related to the possession and operation of, motor	63948
vehicles used by a state agency are transferred to the Department	63949
of Administrative Services and shall retain their positions and	63950
all of the benefits accruing thereto.	63951

Section 145.03H. On September 1, 2003, motor vehicles used by	63952
state agencies, as each term is defined by section 125.831 of the	63953
Revised Code as repealed and re-enacted by this act, that have	63954
been driven 1,200 business miles or less per month for the	63955
previous twelve months shall be considered excess and shall be	63956
returned by the state agency to the Department of Administrative	63957
Services for reassignment or sale. Proceeds from the sale of these	63958
motor vehicles shall be paid to the credit of the Budget	63959
Stabilization Fund.	63960

Section 146.01. Except as otherwise specifically provided in	63961
this act, the codified sections of law amended or enacted in this	63962
act, and the items of law of which the codified sections of law	63963
amended or enacted in this act are composed, are subject to the	63964
referendum. Therefore, under Ohio Constitution, Article II,	63965
Section 1c and section 1.471 of the Revised Code, the codified	63966
sections of law amended or enacted by this act, and the items of	63967
law of which the codified sections of law as amended or enacted by	63968
this act are composed, take effect on the ninety-first day after	63969
this act is filed with the Secretary of State. If, however, a	63970
referendum petition is filed against any such codified section of	63971
law as amended or enacted by this act, or against any item of law	63972
of which any such codified section of law as amended or enacted by	63973
this act is composed, the codified section of law as amended or	63974
enacted, or item of law, unless rejected at the referendum, takes	63975
effect at the earliest time permitted by law.	63976

Section 146.02. Except as otherwise specifically provided in	63977
this act, the repeal by this act of a codified section of law is	63978
subject to the referendum. Therefore, under Ohio Constitution,	63979
Article II, Section 1c and section 1.471 of the Revised Code, the	63980
repeal by this act of a codified section of law takes effect on	63981
the ninety-first day after this act is filed with the Secretary of	63982
State. If, however, a referendum petition is filed against any	63983
such repeal, the repeal, unless rejected at the referendum, takes	63984
effect at the earliest time permitted by law.	63985

Section 146.04. The repeal by this act of sections 122.12,	63986
173.45, 173.46, 173.47, 173.48, 173.49, 173.50, 173.51, 173.52,	63987
173.53, 173.54, 173.55, 173.56, 173.57, 173.58, 173.59, 1553.01,	63988
1553.02, 1553.03, 1553.04, 1553.05, 1553.06, 1553.07, 1553.08,	63989
1553.09, 1553.10, 1553.99, 3301.581, 3302.041, 3317.11, 3318.35,	63990
3318.351, 3701.142, 3701.144, 4141.044, 5115.011, 5115.012,	63991
5115.06, and 5115.061 of the Revised Code is not subject to the	63992
referendum. Therefore, under Ohio Constitution, Article II,	63993
Section 1d and section 1.471 of the Revised Code, the repeals go	63994
into immediate effect when this act becomes law.	63995

Section 146.05. The repeal by this act of sections 4725.40,	63996
4725.41, 4725.42, 4725.43, 4725.44, 4725.45, 4725.46, 4725.47,	63997
4725.48, 4725.49, 4725.50, 4725.51, 4725.52, 4725.53, 4725.531,	63998
4725.54, 4725.55, 4725.56, 4725.57, 4725.58, and 4725.59 of the	63999
Revised Code is not subject to the referendum under Ohio	64000
Constitution, Article II, Section 1d and section 1.471 of the	64001
Revised Code and goes into effect on July 31, 2003.	64002

Section 146.06. (A) Sections 117.45, 121.04, 122.658, 124.03,	64003
126.11, 127.16, 131.23, 163.06, 173.08, 307.202, 323.01, 329.03,	64004
329.04, 329.051, 340.03, 505.69, 717.01, 901.21, 1501.04, 2101.16,	64005
2151.3529, 2151.3530, 2305.234, 2329.66, 2715.041, 2715.045,	64006
2716.13, 2921.13, 3111.04, 3119.01, 3123.952, new 3301.33, 3301.33	64007
(3301.40), 3301.34, 3301.35, 3301.36, 3301.37, 3301.52, 3301.53,	64008
3301.54, 3301.55, 3301.57, 3301.58, 3311.52, 3313.647, 3313.90,	64009
3313.979, 3313.981, 3314.083, 3316.08, 3317.01, 3317.012,	64010
3317.013, 3317.02, 3317.0217, 3317.022, 3317.023, 3317.024,	64011
3317.029, 3317.03, 3317.032, 3317.034, 3317.05, 3317.064, 3317.07,	64012
3317.081, 3317.10, new 3317.11, 3317.16, 3318.37, 3319.227,	64013
3319.302, 3323.12, 3323.16, 3332.04, 3365.04, 3517.092, 3701.021,	64014
3701.022, 3701.029, 3701.141, 3701.145 (3701.0210), 3702.31,	64015
3702.63, 3702.68, 3702.74, 3705.24, 3709.09, 3711.021, 3721.02,	64016
3721.19, 3733.43, 3733.45, 3734.28, 3734.57, 3745.40, 3748.07,	64017
3748.13, 3773.43, 3781.19, 4104.01, 4104.02, 4104.04, 4104.06,	64018
4104.07, 4104.08, 4104.15, 4104.18, 4104.19, 4104.20, 4105.17,	64019
4112.15, 4117.10, 4117.14, 4123.27, 4141.09, 4511.75, 4723.06,	64020
4723.08, 4723.082, 4731.65, 4731.71, 4736.12, 4747.05, 4747.06,	64021
4747.07, 4747.10, 4771.22, 4903.24, 4905.91, 4919.79, 4981.01	64022
(5507.01), 4981.03 (5507.03), 4981.031 (5507.031), 4981.032	64023
(5507.032), 4981.033 (5507.033), 4981.04 (5507.04), 4981.05	64024
(5507.05), 4981.06 (5507.06), 4981.07 (5507.07), 4981.08	64025
(5507.08), 4981.09 (5507.09), 4981.091 (5507.091), 4981.10	64026
(5507.10), 4981.11 (5507.11), 4981.12 (5507.12), 4981.13	64027
(5507.13), 4981.131 (5507.131), 4981.14 (5507.14), 4981.15	64028
(5507.15), 4981.16 (5507.16), 4981.17 (5507.17), 4981.18	64029
(5507.18), 4981.19 (5507.19), 4981.21 (5507.21), 4981.22	64030
(5507.22), 4981.23 (5507.23), 4981.25 (5507.25), 4981.26	64031
(5507.26), 4981.28 (5507.28), 4981.29 (5507.29), 4981.30	64032
(5507.30), 4981.31 (5507.31), 4981.32 (5507.32), 4981.33	64033
(5507.33), 4981.34 (5507.34), 4981.35 (5507.35), 4981.36	64034
(5507.36), 4981.361 (5507.361), 5101.11, 5101.14, 5101.141,	64035
5101.142, 5101.144, 5101.145, 5101.146, 5101.1410, 5101.16,	64036
5101.18, 5101.181, 5101.214, 5101.36, 5101.58, 5101.59, 5101.75,	64037
5101.80, 5103.155, 5104.01, 5104.02, 5104.04, 5104.30, 5104.32,	64038
5107.02, 5107.30, 5107.40, 5107.60, 5111.0113, 5111.02, 5111.025,	64039
5111.03, 5111.06, 5111.08 (5111.071), new 5111.16, 5111.16	64040
(5111.08), 5111.17, 5111.171, 5111.172, 5111.174, 5111.175,	64041
5111.20, 5111.206, 5111.21, 5111.211, 5111.22, 5111.222, 5111.25,	64042
5111.252 (5123.199), 5111.28, 5111.29, 5111.30, 5111.31, 5111.65,	64043
5111.66, 5111.661, 5111.67, 5111.671, 5111.672, 5111.673,	64044
5111.674, 5111.675, 5111.676, 5111.677, 5111.68, 5111.681,	64045
5111.682, 5111.683, 5111.684, 5111.685, 5111.686, 5111.687,	64046
5111.688, 5111.689, 5111.6810, 5111.85, 5111.87, 5111.871,	64047
5111.872, 5111.873, 5111.911, 5111.912, 5111.913, 5111.98,	64048
5111.981, 5111.982, 5112.03, 5112.08, 5112.17, 5115.01, 5115.02	64049
(5115.04), 5115.03, 5115.04 (5115.02), 5115.05, 5115.07 (5115.06),	64050
5115.10, 5115.11, 5115.12, new 5115.13, 5115.13 (5115.07),	64051
5115.14, 5115.15 (5115.23), 5115.20, 5115.22, 5119.61, 5123.01,	64052
5123.19, 5123.196, 5123.197, 5123.198, 5123.1910, 5123.38,	64053
5126.01, 5126.042, 5126.12, 5153.78, 5501.03, 5502.13, 5519.01,	64054
5705.19, 5709.64, 5735.05, 5735.053, 5735.23, 5735.26, 5735.291,	64055
5735.30, and 6109.21 of the Revised Code as amended or enacted by	64056
this act, and the items of law of which such sections as amended	64057
or enacted by this act are composed, are not subject to the	64058
referendum. Therefore, under Ohio Constitution, Article II,	64059
Section 1d and section 1.471 of the Revised Code, such sections as	64060
amended or enacted by this act, and the items of law of which such	64061
sections as amended or enacted by this act are composed, go into	64062
immediate effect when this act becomes law.	64063

(B) The amendment of sections 4725.01, 4725.02, 4725.03,	64064
4725.04, 4725.05, 4725.06, 4725.07, 4725.08, 4725.09, 4725.10,	64065
4725.11, 4725.12, 4725.13, 4725.15, 4725.16, 4725.17, 4725.171,	64066
4725.18, 4725.19, 4725.20, 4725.21, 4725.22, 4725.23, 4725.24,	64067
4725.26, 4725.27, 4725.28, 4725.29, 4725.31, 4725.33, 4725.34,	64068
4725.99, 4734.99, and 5903.12 of the Revised Code is not subject	64069
to the referendum under Ohio Constitution, Article II, Section 1d	64070
and section 1.471 of the Revised Code and goes into effect on July	64071
31, 2003.	64072

(C) Sections 3301.31, 5111.173, 5111.221, 5111.24, 5111.241,	64073
5111.251, 5111.255, 5111.257, 5111.261, 5111.262, and 5111.264 of	64074
the Revised Code as repealed and reenacted by this act, and the	64075
items of law of which they are composed, are not subject to the	64076
referendum. Therefore, under Ohio Constitution, Article II,	64077
Section 1d and section 1.471 of the Revised Code, such sections as	64078
repealed and reenacted by this act go into immediate effect when	64079
this act becomes law.	64080

Section 146.06A. (A) Except as otherwise provided by this	64081
act, the amendments to section 125.22 of the Revised Code are not	64082
subject to the referendum under Ohio Constitution, Article II,	64083
Section 1d and section 1.471 of the Revised Code and go into	64084
effect on July 31, 2003.	64085

(B) The amendment by this act to section 125.22 of the	64086
Revised Code that removes the Ohio Commission on African-American	64087
Males from the list of boards and commissions for which the	64088
Central Service Agency of the Department of Administrative	64089
Services performs routine support is subject to the referendum.	64090
Therefore, under Ohio Constitution, Article II, Section 1c and	64091
section 1.471 of the Revised Code, the amendment takes effect on	64092
the ninety-first day after this act is filed with the Secretary of	64093
State. If, however, a referendum petition is filed against the	64094
amendment, or against any item of law it contains, the amendment	64095
or item, unless rejected at the referendum, takes effect at the	64096
earliest time permitted by law.	64097

Section 146.08. The version of section 3332.04 of the Revised	64098
Code that is scheduled to take effect July 1, 2003, as amended by	64099
this act, and the items of law of which that section as amended is	64100
composed, are not subject to the referendum. Therefore, under Ohio	64101
Constitution, Article II, Section 1d and section 1.471 of the	64102
Revised Code, the section as amended by this act, and the items of	64103
law of which that section as amended is composed, go into	64104
immediate effect on July 1, 2003.	64105

Section 146.09. (A) Except as otherwise provided in division	64106
(B) of this section, the amendments by this act to section 3745.11	64107
of the Revised Code are not subject to the referendum. Therefore,	64108
under Ohio Constitution, Article II, Section 1d and section 1.471	64109
of the Revised Code, the amendments, and the items of law they	64110
contain, go into immediate effect when this act becomes law.	64111

(B) The seventh and last paragraph added to division (S)(1)	64112
of section 3745.11 of the Revised Code by this act is subject to	64113
the referendum. Therefore, under Ohio Constitution, Article II,	64114
Section 1c and section 1.471 of the Revised Code, the paragraph	64115
takes effect on the ninety-first day after this act is filed with	64116
the Secretary of State. If, however, a referendum petition is	64117
filed against the paragraph, or against any item of law it	64118
contains, the paragraph or item, unless rejected at the	64119
referendum, takes effect at the earliest time permitted by law.	64120

Section 146.10. The version of section 4511.75 of the Revised	64121
Code that is scheduled to take effect January 1, 2004, as amended	64122
by this act, and the items of law of which that section as amended	64123
is composed, are not subject to the referendum. Therefore, under	64124
Ohio Constitution, Article II, Section 1d and section 1.471 of the	64125
Revised Code, the section as amended by this act, and the items of	64126
law of which that section as amended is composed, go into	64127
immediate effect on January 1, 2004.	64128

Section 146.11. (A) Except as otherwise provided in division	64129
(B) of this section, the amendments by this act to section 4743.05	64130
of the Revised Code are subject to the referendum. Therefore,	64131
under Ohio Constitution, Article II, Section 1c and section 1.471	64132
of the Revised Code, the amendments take effect on the	64133
ninety-first day after this act is filed with the Secretary of	64134
State. If, however, a referendum petition is filed against the	64135
amendments, or against any item of law they contain, the	64136
amendments or item, unless rejected at the referendum, takes	64137
effect at the earliest time permitted by law.	64138

(B) The amendment by this act adding a reference to "4771."	64139
to section 4743.05 of the Revised Code is not subject to the	64140
referendum. Therefore, under Ohio Constitution, Article II,	64141
Section 1d and section 1.471 of the Revised Code, the amendment	64142
goes into immediate effect when this act becomes law.	64143

Section 146.12. (A) Except as otherwise provided in division	64144
(B) of this section, the amendments by this act to section	64145
5111.022 of the Revised Code are not subject to the referendum.	64146
Therefore, under Ohio Constitution, Article II, Section 1d and	64147
section 1.471 of the Revised Code, the amendments, and the items	64148
of law they contain, go into immediate effect when this act	64149
becomes law.	64150

(B) The amendments by this act adding divisions (B)(4), (E),	64151
and (F) to section 5111.022 of the Revised Code are subject to the	64152
referendum. Therefore, under Ohio Constitution, Article II,	64153
Section 1c and section 1.471 of the Revised Code, the amendments	64154
take effect on the ninety-first day after this act is filed with	64155
the Secretary of State. If, however, a referendum petition is	64156
filed against the amendments, or against any item of law they	64157
contain, the amendments or item, unless rejected at the	64158
referendum, takes effect at the earliest time permitted by law.	64159

Section 146.14. Section 5112.31 of the Revised Code, as	64160
amended by this act, and the items of law of which that section as	64161
amended is composed, are not subject to the referendum. Therefore,	64162
under Ohio Constitution, Article II, Section 1d and section 1.471	64163
of the Revised Code, that section as amended by this act, and the	64164
items of law of which that section as amended is composed, are	64165
entitled to go into immediate effect when this act becomes law.	64166
However, that section as amended by this act, and the items of law	64167
which that section as amended by this act are composed, take	64168
effect on July 1, 2003, or the day this act becomes law, whichever	64169
is later.	64170

Section 146.15. (A) Except as otherwise provided in division	64171
(B) of this section, the amendments by this act to section 4981.20	64172
(5507.20) of the Revised Code are not subject to the referendum.	64173
Therefore, under Ohio Constitution, Article II, Section 1d and	64174
section 1.471 of the Revised Code, the amendments, and the items	64175
of law they contain, go into immediate effect when this act	64176
becomes law.	64177

(B) The amendment by this act to the second and last sentence	64178
of the second paragraph of division (A) of section 4981.20	64179
(5507.20) of the Revised Code provides for or is essential to	64180
implementation of a tax levy. Therefore, under Ohio Constitution,	64181
Article II, Section 1d, the amendment is not subject to the	64182
referendum and goes into immediate effect when this act becomes	64183
law.	64184

Section 146.15A. * Sections 125.831, 125.832, 125.833, and	64185
125.834 of the Revised Code, as enacted or repealed and re-enacted	64186
by this act, shall take effect September 1, 2003.	64187

Section 146.16. * Section 102.02 of the Revised Code, as	64188
amended by this act, shall take effect January 1, 2004.	64189

Section 146.17. * Sections 125.05, 183.28, 3301.80, 3301.801,	64190
3314.074, 3317.06, 3317.50, 3317.51, 3319.22, and 3319.235 of the	64191
Revised Code, as amended by this act, take effect July 1, 2004.	64192

Section 146.18. * Section 4759.08 of the Revised Code, as	64193
amended by this act, shall take effect July 1, 2004.	64194

Section 146.19. * Sections 5103.031, 5103.033, 5103.034,	64195
5103.036, 5103.037, 5103.038, 5103.0312, 5103.0313, 5103.0314,	64196
5103.0315, 5103.0316, 5153.60, 5153.69, and 5153.72 of the Revised	64197
Code, as amended by this act, shall take effect on January 1,	64198
2004.	64199

Section 146.20. * Sections 5103.154 and 5153.163 of the	64200
Revised Code as amended by this act take effect July 1, 2004.	64201

Section 146.21. * Section 5112.31 of the Revised Code, as	64202
amended by this act, shall take effect July 1, 2003.	64203

Section 146.22. Except as otherwise specifically provided in	64204
this act, the uncodified sections of law amended or enacted in	64205
this act, and the items of law of which the uncodified sections of	64206
law amended or enacted in this act are composed, are not subject	64207
to the referendum. Therefore, under Ohio Constitution, Article II,	64208
Section 1d and section 1.471 of the Revised Code, the uncodified	64209
sections of law amended or enacted in this act, and the items of	64210
law of which the uncodified sections of law amended or enacted in	64211
this act are composed, go into immediate effect when this act	64212
becomes law.	64213

Section 146.23. Uncodified sections of law amended or enacted	64214
in this act, and items of law contained within the uncodified	64215
sections of law amended or enacted in this act, that are marked	64216
with an asterisk are subject to the referendum. Therefore, under	64217
Ohio Constitution, Article II, Section 1c and section 1.471 of the	64218
Revised Code, the uncodified sections and items of law marked with	64219
an asterisk take effect on the ninety-first day after this act is	64220
filed with the Secretary of State. If, however, a referendum	64221
petition is filed against an uncodified section or item of law	64222
marked with an asterisk, the uncodified section or item of law	64223
marked with an asterisk, unless rejected at the referendum, takes	64224
effect at the earliest time permitted by law.	64225

If the amending and existing repeal clauses commanding the	64226
amendment of an uncodified section of law are both marked with	64227
asterisks, the uncodified section as amended is deemed also to	64228
have been marked with an asterisk.	64229

An asterisk marking an uncodified section or item of law has	64230
the form *.	64231

This section defines the meaning and form of, but is not	64232
itself to be considered marked with, an asterisk.	64233

Section 146.24. (A) Except as otherwise provided in division	64234
(B) of this section, the amendments by this act to Section 27 of	64235
Sub. H.B. 670 of the 121st General Assembly are not subject to the	64236
referendum. Therefore, under Ohio Constitution, Article II,	64237
Section 1d and section 1.471 of the Revised Code, the amendments	64238
go into immediate effect when this act becomes law.	64239

(B) The amendments by this act removing references to the	64240
Hazardous Waste Facility Board and to the Reclamation Commission	64241
from Section 27 of Sub. H.B. 670 of the 121st General Assembly are	64242
subject to the referendum. Therefore, under Ohio Constitution,	64243
Article II, Section 1c and section 1.471 of the Revised Code, the	64244
amendments take effect on the ninety-first day after this act is	64245
filed with the Secretary of State. If, however, a referendum	64246
petition is filed against the amendments, or against any item of	64247
law they contain, the amendments or item, unless rejected at the	64248
referendum, takes effect at the earliest time permitted by law.	64249

Section 146.25. The repeal by this act of the following	64250
uncodified sections of law is not subject to the referendum and	64251
therefore, under Ohio Constitution, Article II, Section 1d and	64252
section 1.471 of the Revised Code, goes into immediate effect when	64253
this act becomes law:	64254

(A) Section 11 of Am. Sub. S.B. 50 of the 121st General	64255
Assembly;	64256

(B) Section 129 of Am. Sub. H.B. 283 of the 123rd General	64257
Assembly;	64258

(C) Section 63.37 of Am. Sub. H.B. 94 of the 124th General	64259
Assembly.	64260

Section 146.26. If the amendment or enactment in this act of	64261
a codified or uncodified section of law is subject to the	64262
referendum, the corresponding indications in the amending,	64263
enacting, or existing repeal clauses commanding the amendment or	64264
enactment also are subject to the referendum, along with the	64265
amendment or enactment. If the amendment or enactment by this act	64266
of a codified or uncodified section of law is not subject to the	64267
referendum, the corresponding indications in the amending,	64268
enacting, or existing repeal clauses commanding the amendment or	64269
enactment also are not subject to the referendum, the same as the	64270
amendment or enactment.	64271

Section 147.01. * The amendment of section 122.25 of the	64272
Revised Code by this act is not intended to supersede the earlier	64273
repeal, with delayed effective date, of that section.	64274

Section 147.02. * Section 921.151 was amended and renumbered	64275
as section 921.22 of the Revised Code by Am. Sub. S.B. 217 of the	64276
124th General Assembly, passed November 21, 2002, and effective	64277
July 1, 2004. The amendment of section 921.151 of the Revised Code	64278
in Section 1 of this act does not supersede that earlier amendment	64279
and renumbering. This act therefore amends both sections to ensure	64280
that its amendments continue on and after July 1, 2004.	64281

Section 147.03. The amendment by this act of sections	64282
5112.03 and 5112.08 of the Revised Code is not intended to	64283
supersede the earlier repeal, with delayed effective date, of	64284
those sections.	64285

Section 147.04. The amendment by this act of section 5112.99	64286
of the Revised Code is not intended to supersede the earlier	64287
repeal, with delayed effective date, of that section.	64288

Section 148.01. * Section 109.572 of the Revised Code is	64289
presented in this act as a composite of the section as amended by	64290
both Sub. H.B. 448 and Sub. H.B. 538 of the 123rd General	64291
Assembly. The General Assembly, applying the principle stated in	64292
division (B) of section 1.52 of the Revised Code that amendments	64293
are to be harmonized if reasonably capable of simultaneous	64294
operation, finds that the composite is the resulting version of	64295
the section in effect prior to the effective date of the section	64296
as presented in this act.	64297

Section 148.03. Section 121.04 of the Revised Code is	64298
presented in this act as a composite of the section as amended by	64299
both Sub. H.B. 601 and Am. Sub. H.B. 640 of the 123rd General	64300
Assembly. The General Assembly, applying the principle stated in	64301
division (B) of section 1.52 of the Revised Code that amendments	64302
are to be harmonized if reasonably capable of simultaneous	64303
operation, finds that the composite is the resulting version of	64304
the section in effect prior to the effective date of the section	64305
as presented in this act.	64306

Section 148.03A. Section 125.22 of the Revised Code is	64307
presented in this act as a composite of the section as amended by	64308
both Am. Sub. H.B. 374 and Am. Sub. H.B. 496 of the 124th General	64309
Assembly. The General Assembly, applying the principle stated in	64310
division (B) of section 1.52 of the Revised Code that amendments	64311
are to be harmonized if reasonably capable of simultaneous	64312
operation, finds that the composite is the resulting version of	64313
the section in effect prior to the effective date of the section	64314
as presented in this act.	64315

Section 148.03B. * The version of section 2305.234 of the	64316
Revised Code that is scheduled to take effect January 1, 2004, is	64317
presented in this act as a composite of the section as amended by	64318
both Am. Sub. H.B. 490 and Am. Sub. S.B. 281 of the 124th General	64319
Assembly. The General Assembly, applying the principle stated in	64320
division (B) of section 1.52 of the Revised Code that amendments	64321
are to be harmonized if reasonably capable of simultaneous	64322
operation, finds that the composite is the resulting version of	64323
the section in effect prior to the effective date of the section	64324
as presented in this act.	64325

Section 148.03C. Section 2743.02 of the Revised Code is	64326
presented in this act as a composite of the section as amended by	64327
both Am. Sub. S.B. 115 and Am. Sub. S.B. 281 of the 124th General	64328
Assembly. The General Assembly, applying the principle stated in	64329
division (B) of section 1.52 of the Revised Code that amendments	64330
are to be harmonized if reasonably capable of simultaneous	64331
operation, finds that the composite is the resulting version of	64332
the section in effect prior to the effective date of the section	64333
as presented in this act.	64334

Section 148.03D. Section 3314.03 of the Revised Code is	64335
presented in this act as a composite of the section as amended by	64336
both Sub. H.B. 248 and Sub. H.B. 364 of the 124th General	64337
Assembly. The General Assembly, applying the principle stated in	64338
division (B) of section 1.52 of the Revised Code that amendments	64339
are to be harmonized if reasonably capable of simultaneous	64340
operation, finds that the composite is the resulting version of	64341
the section in effect prior to the effective date of the section	64342
as presented in this act.	64343

Section 148.05. Section 3317.012 of the Revised Code is	64344
presented in this act as a composite of the section as amended by	64345
both Am. Sub. H.B. 94 and Am. Sub. S.B. 1 of the 124th General	64346
Assembly. The General Assembly, applying the principle stated in	64347
division (B) of section 1.52 of the Revised Code that amendments	64348
are to be harmonized if reasonably capable of simultaneous	64349
operation, finds that the composite is the resulting version of	64350
the section in effect prior to the effective date of the section	64351
as presented in this act.	64352

Section 148.05A. Section 3319.07 of the Revised Code is	64353
presented in this act as a composite of the section as amended by	64354
both Am. Sub. H.B. 117 and Am. Sub. H.B. 223 of the 121st General	64355
Assembly. The General Assembly, applying the principle stated in	64356
division (B) of section 1.52 of the Revised Code that amendments	64357
are to be harmonized if reasonably capable of simultaneous	64358
operation, finds that the composite is the resulting version of	64359
the section in effect prior to the effective date of the section	64360
as presented in this act.	64361

Section 148.05B. Section 3319.36 of the Revised Code is	64362
presented in this act as a composite of the section as amended by	64363
both Sub. H.B. 81 and Am. Sub. S.B. 230 of the 121st General	64364
Assembly. The General Assembly, applying the principle stated in	64365
division (B) of section 1.52 of the Revised Code that amendments	64366
are to be harmonized if reasonably capable of simultaneous	64367
operation, finds that the composite is the resulting version of	64368
the section in effect prior to the effective date of the section	64369
as presented in this act.	64370

Section 148.06. * Section 4303.181 of the Revised Code is	64371
presented in this act as a composite of the section as amended by	64372
both Sub. H.B. 330 and Sub. H.B. 371 of the 124th General	64373
Assembly. The General Assembly, applying the principle stated in	64374
division (B) of section 1.52 of the Revised Code that amendments	64375
are to be harmonized if reasonably capable of simultaneous	64376
operation, finds that the composite is the resulting version of	64377
the section in effect prior to the effective date of the section	64378
as presented in this act.	64379

Section 148.06A. Section 4725.114 (4725.33) of the Revised	64380
Code is presented in this act as a composite of the section as	64381
amended by both Am. Sub. H.B. 553 and Sub. H.B. 698 of the 122nd	64382
General Assembly. The General Assembly, applying the principle	64383
stated in division (B) of section 1.52 of the Revised Code that	64384
amendments are to be harmonized if reasonably capable of	64385
simultaneous operation, finds that the composite is the resulting	64386
version of the section in effect prior to the effective date of	64387
the section as presented in this act.	64388

Section 148.06B. * Section 4503.234 of the Revised Code is	64389
presented in Section 1 of this act as a composite of the section	64390
as amended by both Am. Sub. H.B. 353 and Am. Sub. H.B. 676 of the	64391
121st General Assembly. The General Assembly, applying the	64392
principle stated in division (B) of section 1.52 of the Revised	64393
Code that amendments are to be harmonized if reasonably capable of	64394
simultaneous operation, finds that the composite is the resulting	64395
version of the section in effect prior to the effective date of	64396
the section as presented in this act.	64397

Section 148.07. * Section 4973.17 of the Revised Code is	64398
presented in this act as a composite of the section as amended by	64399
both Am. Sub. H.B. 566 and Sub. H.B. 670 of the 121st General	64400
Assembly. The General Assembly, applying the principle stated in	64401
division (B) of section 1.52 of the Revised Code that amendments	64402
are to be harmonized if reasonably capable of simultaneous	64403
operation, finds that the composite is the resulting version of	64404
the section in effect prior to the effective date of the section	64405
as presented in this act.	64406

Section 148.08. Section 5111.20 of the Revised Code is	64407
presented in this act as a composite of the section as amended by	64408
both Sub. H.B. 403 and Sub. H.B. 448 of the 123rd General	64409
Assembly. The General Assembly, applying the principle stated in	64410
division (B) of section 1.52 of the Revised Code that amendments	64411
are to be harmonized if reasonably capable of simultaneous	64412
operation, finds that the composite is the resulting version of	64413
the section in effect prior to the effective date of the section	64414
as presented in this act.	64415

Section 148.09. Section 5115.01 of the Revised Code is	64416
presented in this act as a composite of the section as amended by	64417
both Am. Sub. H.B. 283 and H.B. 471 of the 123rd General Assembly.	64418
The General Assembly, applying the principle stated in division	64419
(B) of section 1.52 of the Revised Code that amendments are to be	64420
harmonized if reasonably capable of simultaneous operation, finds	64421
that the composite is the resulting version of the section in	64422
effect prior to the effective date of the section as presented in	64423
this act.	64424

Section 148.10. * Section 5709.62 of the Revised Code is	64425
presented in this act as a composite of the section as amended by	64426
both Am. Sub. H.B. 283 and Sub. H.B. 27 of the 123rd General	64427
Assembly. The General Assembly, applying the principle stated in	64428
division (B) of section 1.52 of the Revised Code that amendments	64429
are to be harmonized if reasonably capable of simultaneous	64430
operation, finds that the composite is the resulting version of	64431
the section in effect prior to the effective date of the section	64432
as presented in this act.	64433

Section 148.11. * Section 5709.63 of the Revised Code is	64434
presented in this act as a composite of the section as amended by	64435
both Am. Sub. H.B. 283 and Sub. H.B. 27 of the 123rd General	64436
Assembly. The General Assembly, applying the principle stated in	64437
division (B) of section 1.52 of the Revised Code that amendments	64438
are to be harmonized if reasonably capable of simultaneous	64439
operation, finds that the composite is the resulting version of	64440
the section in effect prior to the effective date of the section	64441
as presented in this act.	64442

Section 148.13. Section 5735.05 of the Revised Code is	64443
presented in this act as a composite of the section as amended by	64444
both H.B. 612 and Am. Sub. H.B. 640 of the 123rd General Assembly.	64445
The General Assembly, applying the principle stated in division	64446
(B) of section 1.52 of the Revised Code that amendments are to be	64447
harmonized if reasonably capable of simultaneous operation, finds	64448
that the composite is the resulting version of the section in	64449
effect prior to the effective date of the section as presented in	64450
this act.	64451

Section 148.14. Section 5735.23 of the Revised Code is	64452
presented in this act as a composite of the section as amended by	64453
both H.B. 612 and Am. Sub. H.B. 640 of the 123rd General Assembly.	64454
The General Assembly, applying the principle stated in division	64455
(B) of section 1.52 of the Revised Code that amendments are to be	64456
harmonized if reasonably capable of simultaneous operation, finds	64457
that the composite is the resulting version of the section in	64458
effect prior to the effective date of the section as presented in	64459
this act.	64460

Section 149. If any item of law that constitutes the whole or	64461
part of a codified or uncodified section of law contained in this	64462
act, or if any application of any item of law that constitutes the	64463
whole or part of a codified or uncodified section of law contained	64464
in this act, is held invalid, the invalidity does not affect other	64465
items of law or applications of items of law that can be given	64466
effect without the invalid item of law or application. To this	64467
end, the items of law of which the codified and uncodified	64468
sections contained in this act are composed, and their	64469
applications, are independent and severable.	64470